Understanding DUI Laws in California
California enforces some of the toughest DUI (Driving Under the Influence) laws in the nation. Law enforcement agencies, including the California Highway Patrol (CHP), local police departments, and sheriff’s offices, actively pursue and prosecute DUI offenses with intensity.
In cases involving alcohol, individuals are typically charged under two sections of the California Vehicle Code:
Section 23152(a): Prohibits operating a vehicle while impaired by alcohol, drugs, or a combination of both.
Section 23152(b): Makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
DUI Charges Explained
Vehicle Code § 23152(a)
This statute addresses impairment regardless of BAC level. Prosecutors often rely on evidence such as:
Driving behavior (weaving, erratic speed, etc.)
The presence of alcohol odor
Physical signs like bloodshot eyes, slurred speech, and unsteady movements
Performance on field sobriety tests (FSTs)
The driver’s demeanor and cooperation
Vehicle Code § 23152(b)
This charge is based on measurable alcohol content. Evidence includes results from:
Breathalyzer tests (both roadside and at the station)
Blood tests
In rare cases, urine tests
In drug-only DUI cases, only the (a) count applies.
The Traffic Stop and Legal Standards
To legally stop a driver for suspected DUI, officers must have reasonable suspicion of a traffic violation or criminal activity. This can include minor infractions such as:
Lane drifting or erratic driving
Speeding or failing to signal
Delayed response at traffic lights
Headlight violations
Involvement in a traffic accident
It's worth noting that not all of these behaviors are caused by intoxication. Mistaken assumptions by officers can and do occur, which is why legal review of the stop is essential.
The Arrest and Probable Cause
To make an arrest, the officer must establish probable cause—often by observing symptoms of impairment, administering field sobriety tests, and conducting a Preliminary Alcohol Screening (PAS) test.
Unlike official chemical tests taken at a hospital or station, PAS devices used roadside are not always reliable. A skilled attorney can challenge the validity and interpretation of these results.
DUI Penalties in California
DUI penalties vary based on several factors, including prior convictions, BAC levels, and whether the incident caused injuries or property damage.
Aggravating factors that may increase penalties include:
Refusal to submit to testing
Prior DUI offenses
High BAC (0.15% or above)
Child passengers at the time of arrest
Causing an accident or injury
Fatalities resulting from DUI behavior
Possible consequences include:
Suspension or revocation of driving privileges
Jail or prison sentences
Substantial fines and court costs
Mandatory alcohol education programs
Installation of an ignition interlock device (IID)
Community labor or service
Attendance at victim impact panels (e.g., MADD programs)
Participation in hospital or morgue programs
In cases involving death, additional charges such as gross vehicular manslaughter may apply.
Building a Strong DUI Defense
A DUI charge can affect every aspect of your life—from your career to your reputation. But remember: a charge is not a conviction.
At Do & Associates, we take a strategic and aggressive approach to defending DUI cases. Our attorneys thoroughly analyze the evidence, including:
The legality of the stop
Whether field sobriety and chemical tests were conducted properly
The accuracy and maintenance records of testing equipment
Possible violations of your constitutional rights
We go beyond the initial police reports and demand all relevant documentation through the evidence discovery process. This may include surveillance footage, calibration logs, officer training records, and more—key materials that are often not provided up front.
Get the Defense You Deserve
DUI laws in California are complex, and the consequences can be severe. You need a legal team with the knowledge, experience, and determination to fight for your rights.
Do & Associates is here to help you every step of the way. Contact us today to schedule a free, confidential consultation and learn how we can protect your future.
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