Portions of the Vehicle Code Relating to DUI

Driving under the influence (DUI) is a severe offense in California, with various provisions in the Vehicle Code addressing different aspects of DUI offenses. Understanding these sections is crucial for anyone facing DUI charges, as they outline the legal framework, penalties, and requirements for DUI offenses. This article provides a comprehensive overview of the key portions of the California Vehicle Code related to DUI.

California Vehicle Code §23152 – DUI of Alcohol or Drugs

§23152(a) – Driving Under the Influence of Alcohol

This section makes it unlawful for anyone to drive a vehicle while under the influence of alcohol. “Under the influence” means that the person’s physical or mental abilities are impaired to the extent that they cannot drive with the caution characteristic of a sober person.

§23152(b) – DUI with a BAC of 0.08% or Higher

This section specifically targets drivers with a blood alcohol concentration (BAC) of 0.08% or higher. It is a “per se” offense, meaning that having a BAC at or above this level is sufficient to charge someone with DUI, regardless of their driving ability.

§23152(c) – DUI for Drug Addicts

This section prohibits individuals addicted to any drug from driving a vehicle, except when participating in an approved narcotic treatment program.

§23152(d) – Commercial Drivers and BAC of 0.04% or Higher

For commercial drivers, the BAC threshold is lower. This section makes it unlawful for commercial vehicle operators to drive with a BAC of 0.04% or higher.

§23152(e) – DUI for Ride-Sharing and Taxi Drivers

This section sets a lower BAC limit of 0.04% for drivers operating ride-sharing vehicles or taxis when they have a passenger.

§23152(f) – Driving Under the Influence of Drugs

This section prohibits driving under the influence of any drug, including legal and illegal substances, that impair the driver’s ability to operate a vehicle safely.

§23152(g) – DUI of Alcohol and Drugs Combined

This section addresses situations where a driver is under the influence of both alcohol and drugs. It is unlawful to drive a vehicle under the combined influence of alcohol and drugs.

California Vehicle Code §23153 – DUI Causing Injury

§23153(a) – DUI of Alcohol Causing Injury

This section makes it a felony to drive under the influence of alcohol and cause bodily injury to another person. It requires a direct link between the DUI and the injury caused.

§23153(b) – DUI with a BAC of 0.08% or Higher Causing Injury

Similar to §23152(b), but with the added element of causing bodily injury to another person, this section also treats it as a felony offense if the driver’s BAC is 0.08% or higher.

§23153(d) – Commercial Drivers with a BAC of 0.04% or Higher Causing Injury

This section mirrors §23152(d) but escalates it to a felony if the commercial driver, with a BAC of 0.04% or higher, causes bodily injury to another person.

§23153(e) – DUI for Ride-Sharing and Taxi Drivers Causing Injury

This section applies the same lower BAC threshold of 0.04% for ride-sharing and taxi drivers if they cause bodily injury to another person while driving under the influence.

California Vehicle Code §23536-23560 – Penalties for First-Time and Repeat Offenders

These sections outline the penalties for first-time and repeat DUI offenders, including mandatory jail time, fines, license suspension, and enrollment in DUI education programs.

§23536 – Penalties for First-Time Offenders

For first-time offenders, penalties include:

96 hours to 6 months in jail
Fines ranging from $390 to $1,000
License suspension for 6 months
Mandatory DUI education program

§23540 – Penalties for Second-Time Offenders

Second-time offenders face:

90 days to 1 year in jail
Fines ranging from $390 to $1,000
License suspension for 2 years
Mandatory DUI education program

§23546 – Penalties for Third-Time Offenders

Third-time offenders can expect:

120 days to 1 year in jail
Fines ranging from $390 to $1,000
License suspension for 3 years
Mandatory DUI education program

California Vehicle Code §23610-23612 – Chemical Testing

These sections cover the implied consent laws and the procedures for chemical testing (breath, blood, or urine) to determine BAC or drug levels.

§23610 – Implied Consent

Drivers in California are deemed to have given their consent to chemical testing if lawfully arrested for DUI. Refusal to submit to a test can result in penalties, including license suspension.

§23612 – Admissibility of Chemical Test Results

This section discusses the admissibility of chemical test results in court. It specifies the conditions under which test results can be used as evidence and the required procedures for conducting tests.

California Vehicle Code §13352 – License Suspension and Revocation

This section details the conditions under which a driver’s license can be suspended or revoked following a DUI conviction. It includes mandatory suspension periods and the process for reinstating a suspended license.

§13352(a) – License Suspension for First-Time Offenders

First-time offenders face a 6-month license suspension, which can be modified if the offender agrees to install an ignition interlock device (IID).

§13352(b) – License Suspension for Repeat Offenders

Repeat offenders face longer suspension periods, with second-time offenders facing a 2-year suspension and third-time offenders facing a 3-year suspension.

California Vehicle Code §14601.2 – Driving with a Suspended or Revoked License

This section addresses the penalties for driving with a suspended or revoked license due to a DUI conviction. Penalties include additional fines and potential jail time.

Conclusion

Understanding the various sections of the California Vehicle Code related to DUI is essential for anyone facing DUI charges. These laws outline the legal framework for DUI offenses, the penalties involved, and the procedures for chemical testing and license suspension. By familiarizing oneself with these provisions, defendants can better navigate the legal process and work towards a favorable outcome.

Citations:

California Vehicle Code §23152.
California Vehicle Code §23153.
California Vehicle Code §23536-23560.
California Vehicle Code §23610-23612.
California Vehicle Code §13352.
California Vehicle Code §14601.2.