Under California Vehicle Code Section 23152, it is illegal to drive under the influence of alcohol or under the combined influence of alcohol and drugs. District Attorneys in California actively prosecute DUI alcohol cases.
23152. (a) Driving under the influence of alcohol.
(b) Driving with 0.08% or higher blood alcohol concentration.
To convict a driver, prosecutors must prove all elements beyond a reasonable doubt.
Elements of the Offense:
- Driving
- A vehicle
- While under the influence of alcohol, drugs, or both, or having 0.08% or more BAC
Felony DUI: Adds two elements:
- An illegal act or a negligent violation of a legal duty
- Proximate personal injury to another
The prosecution must prove the defendant was driving a vehicle. “Driving” includes having actual physical control, even if the engine is off. Vehicles include cars, trucks, motorcycles, bulldozers, mopeds, and tractors. Bicycles are excluded under VC 23152 but addressed under VC 21200.5.
Under the InfluenceSection (a) requires proof of impairment, while section (b) only requires proof of blood alcohol level. Evidence may include physical appearance, driving behavior, and field sobriety tests.
- Illegal stop: Police must have reasonable suspicion based on totality of circumstances (United States v. Arvizu, 534 U.S. 266, 2002).
- Minimal impairment: Only those lacking ability to safely operate a vehicle can be convicted under section (a).
- Entrapment or necessity, such as moving a vehicle to clear traffic.
Remember: You have only 10 DAYS to request a DMV administrative hearing to avoid automatic license suspension.
- San Diego DUI Attorneys Overview
- California Reckless Driving | VC 23103
- DUI Alcohol | VC 23152
- DUI Marijuana | VC 23152
- What to Do If Pulled Over for DUI
- Field Sobriety Tests
- DMV Administrative Hearing
- DUI School/Course Out of State
- DUI While Operating a Boat (BUI)
- When Can Police Stop and Search My Vehicle?