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Breakdown of California's DUI Law

For the average person, it can be difficult to grasp California’s driving under the influence (DUI) laws, especially if they don’t have a law degree. This is because it’s typical for state laws to be difficult for the layman to discern. In fact, if state and federal laws were easier for people to understand, we’d probably have less crimes committed.

In this post, we want to help you better understand California’s DUI laws under Section 23152 of the California Vehicle Code. We’re also going to shed light on some DUI facts that all California drivers should know. If you are facing DUI charges in Orange County, we invite you to contact our office to set up a free case evaluation.

California’s DUI statute (law) in plain English:

  • Under Sec. 23152(a) VC, it is against the law for someone who is under the influence of any alcohol to drive a motor vehicle.
  • Under Sec. 23152(b) VC, it’s illegal for anyone to drive a motor vehicle with a blood alcohol concentration (BAC) of .08% or more.
  • Under Sec. 23152 (c), it’s illegal for a person to drive a vehicle if he or she is addicted to any drug.
  • Under Sec. 23152(f), it’s illegal to drive if a person is under the influence of any drug.
  • Commercial drivers cannot drive with a BAC of .04% or higher.
  • Drivers under the age of 21 cannot drive with any measurable alcohol in their system, period.

Under California’s DUI laws, it’s against the law to drive under the influence of alcohol, illegal drugs and even lawfully prescribed prescription drugs. This means you can get a DUI if your BAC is lower than .08%. You can get a DUI for driving under the influence of marijuana. And, you can get a DUI for driving under the influence of Xanax, Ambien, OxyContin or any prescription drug for that matter if it impairs your driving.

5 DUI facts you NEED to know:

  1. DUI is reported on your DMV record for 10 years.
  2. Unless a DUI is expunged, it stays on your criminal record.
  3. A DUI can affect immigration status.
  4. You can legally be fired for DUI.
  5. A professional license can be revoked or denied because of a DUI.

Facing DUI charges in Orange County? Contact the Law Offices of Virginia L. Landry, Inc. to work with a board-certified expert in DUI defense!