Driving Under the Influence (DUI) - California Laws

California has two basic driving under the influence laws, found in Vehicle Code section 23152, sections (a) and (b):

• 23152(a): It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b): It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Vehicle Code section 23153 states that the felony DUI provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe vehicular manslaughter where there is a death.
You have legal rights that police often disregard.

• There must be legally sufficient facts to establish probable cause, to stop, detain, and arrest you.
• Submission to field sobriety testing and portable field breath is not required by law.
• If you are arrested, they must state your constitutional rights- called a Miranda warning- before any further questioning commences.
• You must be given a choice of breath or blood testing, and if refused you must be advised of the implied consent.
• If a breath test is administered at the police station, a blood sample must also be taken so that there is evidence saved for later testing by a defense attorney.

Keep in mind that most forms of breath analysis, however, are non-specific for alcohol meaning that they measure different chemical compounds and falsely report them as alcohol.