DUI Law

DUI		California Vehicle Code

California has two basic fundamental driving laws, found in Vehicle Code sections 23152(a) and 23152(b): 23152(a) states that "It is a misdemeanor to drive under the influence of alcohol and/or drugs;" and 23152(b) states that "It is a misdemeanor to drive with .08% or more of alcohol in your blood."

Under California law, California Vehicle Code Sections 23152 and 23153, the following regulations apply:

> It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.

> If you are under the age of 21, it is a crime to operate a motor vehicle on a public roadway with a blood alcohol level of over .01. This means that even one drink may put you over the legal limit.

> It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.

> It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.

> Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.