Summary of DUI Laws

The California State law applicable to drunk driving is Vehicle Code section 23152 which reads as follows:“(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

DUI ALCOHOL

The first type of DUI offense is driving under the influence of alcohol under Vehicle Code Section 23152(a). In order to be convicted of this offense, the prosecutor must prove that a person was driving under the influence of alcohol such that a person could not drive with “the caution characteristic of a sober person under the same circumstances.”

DUI OVER A .08%

The second way that a person can be convicted of drunk driving is pursuant to Vehicle Code section 23152 (b). To establish a violation of this law, the state must prove that the person had a blood alcohol level of .08% or greater at the time of driving. The prosecution does not have to prove that the alcohol had any effect on the mind or body; only that a person’s blood alcohol level was above .08% at the time of driving.

DUI DRUGS

The final way that a person may be charged with a DUI is driving under the influence of any drug – also charged under Vehicle Code Section 23152(a). The drugs that contribute to impairment do not need be illegal; they can be lawfully prescribed or even over-the-counter medication. Common examples of prescription drugs that may affect your ability to safety operate a motor vehicle are: Soma, Vicodin, Oxycodone, Valium, many types of sleeping pills and certain anti-depressants. When these drugs are combined with alcohol, or with each other, they can cause severe impairment.

David Lehr has extensive experience with DUI drug cases. Many involve traffic collisions. The police often assume that if a person is taking prescription drugs and gets involved in an accident, that the person was driving under the influence of drugs. There are many defenses in a DUI drug case that do not work in an alcohol case. For instance, you may have been driving for months, or even years, while taking the same pills that you took on the day that you were arrested. This type of DUI is much less common than a DUI involving alcohol alone. Many deputy district attorneys have never handled a DUI drug case. Let David Lehr’s experience help you evaluate your possible defenses and your best course of action.

In general, the penalties are the same for a DUI under either 23152(a) or 23152(b). It also typically does not matter whether drugs or alcohol were involved.