California DUI Laws
When you are arrested for DUI or other alcohol or drug-related driving offenses, the most valuable asset you can possess is your knowledge of the law and consequences of a conviction. Because most people have only limited knowledge of the law and punishment associated with DUI type offenses in California, our Inland Empire DUI Lawyers have provided an overview of the relevant legal provisions that may affect your case. While we have tried to cover many of the key provisions on this page and others on this website, we advise you to contact us if you have specific questions about your situation.
Vehicle Codes 23152(a) & 23152(b)
In California like most other states, DUI actually refers to two separate but related offenses. If you are arrested for DUI, you might be charged for both offenses, but you will only face a penalty under either Vehicle Code Section 23152(a) or Vehicle Code Section 23152(b).
VC Section 23152(a) “Subjective DUI”: This DUI offense is based on actual impairment of your mental and physical capacity to drive in a safe and prudent manner like other drivers under similar circumstances. The prosecutor will rely on witness testimony, including the observations of the arresting officer regarding your driving, to prove this form of DUI. If you cause an accident, drive “erratically,” or commit certain types of traffic violations that suggest your driving abilities are compromised, this type of evidence will be used by the prosecutor to prove a DUI related offense. Example of these types of driving include:
These types of driving conduct are just as likely to suggest fatigued, distracted or inexperienced driving as they are to indicate evidence of intoxication, and our Inland Empire DUI Lawyers routinely explain this to a judge or jury. Further, you might have dozens of examples of good driving with only a single instance of the mistakes above, so we also may have the officer confirm your many examples of good driving prior to you being stopped.
Even if you pass a breath, blood or urine chemical test, you can be convicted of DUI in California under this provision. The prosecutor typically will rely on other types of evidence, such as officer observations of the following:
As with the driving examples listed above, these types of physical characteristics can be as indicative of illness, fatigue, drowsiness, allergies, hay fever and other conditions that have nothing to do with alcohol or drug impaired driving. These types of evidence will be combined with other types of evidence, such as incriminating admissions by the prosecutor to prove a VC Section 23152(a) violation.
Under California Vehicle Code Section 23152(b), the prosecutor must prove that a motorist was driving a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. The officer may arrest you, and the prosecutor charge you with DUI under this provision even if your driving is flawless. When our California DUI defense attorneys defend you of these types of charges, we might use a broad range of strategies, which include but are not limited to challenging the legal basis for the stop, facts supporting probable cause for the DUI arrest, and the validity and reliability of the chemical test results.
VC Section 23152(a) “Subjective DUI”: This DUI offense is based on actual impairment of your mental and physical capacity to drive in a safe and prudent manner like other drivers under similar circumstances. The prosecutor will rely on witness testimony, including the observations of the arresting officer regarding your driving, to prove this form of DUI. If you cause an accident, drive “erratically,” or commit certain types of traffic violations that suggest your driving abilities are compromised, this type of evidence will be used by the prosecutor to prove a DUI related offense. Example of these types of driving include:
- Almost striking another object/vehicle
- Braking erratically
- Swerving
- Stopping without a reason in traffic lanes
- Straddling the center or lane marker
- Turning with an excessively wide radius
- Stopping inappropriately
- Headlights off at night
- Drifting
- Excessively slow driving
- Tailgating
- Rapid acceleration or deceleration
- Abrupt or illegal turns
- Driving the wrong way in traffic
These types of driving conduct are just as likely to suggest fatigued, distracted or inexperienced driving as they are to indicate evidence of intoxication, and our Inland Empire DUI Lawyers routinely explain this to a judge or jury. Further, you might have dozens of examples of good driving with only a single instance of the mistakes above, so we also may have the officer confirm your many examples of good driving prior to you being stopped.
Even if you pass a breath, blood or urine chemical test, you can be convicted of DUI in California under this provision. The prosecutor typically will rely on other types of evidence, such as officer observations of the following:
- Bloodshot, watery eyes
- Odor of alcohol on the breath
- Diminished coordination
- Unsteady gait
- Slurred speech
As with the driving examples listed above, these types of physical characteristics can be as indicative of illness, fatigue, drowsiness, allergies, hay fever and other conditions that have nothing to do with alcohol or drug impaired driving. These types of evidence will be combined with other types of evidence, such as incriminating admissions by the prosecutor to prove a VC Section 23152(a) violation.
Under California Vehicle Code Section 23152(b), the prosecutor must prove that a motorist was driving a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. The officer may arrest you, and the prosecutor charge you with DUI under this provision even if your driving is flawless. When our California DUI defense attorneys defend you of these types of charges, we might use a broad range of strategies, which include but are not limited to challenging the legal basis for the stop, facts supporting probable cause for the DUI arrest, and the validity and reliability of the chemical test results.
Vehicle Code 23612 - Chemical Test
Chemical Test Refusals (California Implied Consent Law) [Vehicle Code Section 23612]
Under California’s implied consent law, every motorist who is pulled over for DUI in California gives implied consent to submit to a chemical test of blood alcohol concentration (BAC) if he or she is subject to a lawful DUI arrest. If you refuse a BAC chemical test, you may be subject to the following penalties for a first offense in addition to the standard DUI penalties:
Under California’s implied consent law, every motorist who is pulled over for DUI in California gives implied consent to submit to a chemical test of blood alcohol concentration (BAC) if he or she is subject to a lawful DUI arrest. If you refuse a BAC chemical test, you may be subject to the following penalties for a first offense in addition to the standard DUI penalties:
- 2 additional days in county jail
- One year suspension of your driver’s license (lack of eligibility for restricted license)
- 9 month DUI school (as opposed to 3 months)
Seek The Advice of a Qualified Attorney
If you, a friend or family member has been arrested on suspicion of drunk or drugged driving, you will need the assistance of a qualified DUI lawyer to help defend you in court, and ensure your rights are not trampled. Our listed attorneys serve courts in San Bernardino and Riverside Counties and have successfully defended clients in matters involving DUI, possession of drugs, and other offenses.