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Understanding DUI Laws in California

California enforces some of the toughest DUI (Driving Under the Influence) laws in the nation. Law enforcement agencies, including the California Highway Patrol (CHP), local police departments, and sheriff’s offices, actively pursue and prosecute DUI offenses with intensity.

In cases involving alcohol, individuals are typically charged under two sections of the California Vehicle Code:

  • Section 23152(a): Prohibits operating a vehicle while impaired by alcohol, drugs, or a combination of both.

  • Section 23152(b): Makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.

DUI Charges Explained

Vehicle Code § 23152(a)
This statute addresses impairment regardless of BAC level. Prosecutors often rely on evidence such as:

  • Driving behavior (weaving, erratic speed, etc.)

  • The presence of alcohol odor

  • Physical signs like bloodshot eyes, slurred speech, and unsteady movements

  • Performance on field sobriety tests (FSTs)

  • The driver’s demeanor and cooperation

Vehicle Code § 23152(b)
This charge is based on measurable alcohol content. Evidence includes results from:

  • Breathalyzer tests (both roadside and at the station)

  • Blood tests

  • In rare cases, urine tests

In drug-only DUI cases, only the (a) count applies.

The Traffic Stop and Legal Standards

To legally stop a driver for suspected DUI, officers must have reasonable suspicion of a traffic violation or criminal activity. This can include minor infractions such as:

  • Lane drifting or erratic driving

  • Speeding or failing to signal

  • Delayed response at traffic lights

  • Headlight violations

  • Involvement in a traffic accident

It's worth noting that not all of these behaviors are caused by intoxication. Mistaken assumptions by officers can and do occur, which is why legal review of the stop is essential.

The Arrest and Probable Cause

To make an arrest, the officer must establish probable cause—often by observing symptoms of impairment, administering field sobriety tests, and conducting a Preliminary Alcohol Screening (PAS) test.

Unlike official chemical tests taken at a hospital or station, PAS devices used roadside are not always reliable. A skilled attorney can challenge the validity and interpretation of these results.

DUI Penalties in California

DUI penalties vary based on several factors, including prior convictions, BAC levels, and whether the incident caused injuries or property damage.

Aggravating factors that may increase penalties include:

  • Refusal to submit to testing

  • Prior DUI offenses

  • High BAC (0.15% or above)

  • Child passengers at the time of arrest

  • Causing an accident or injury

  • Fatalities resulting from DUI behavior

Possible consequences include:

  • Suspension or revocation of driving privileges

  • Jail or prison sentences

  • Substantial fines and court costs

  • Mandatory alcohol education programs

  • Installation of an ignition interlock device (IID)

  • Community labor or service

  • Attendance at victim impact panels (e.g., MADD programs)

  • Participation in hospital or morgue programs

In cases involving death, additional charges such as gross vehicular manslaughter may apply.


Building a Strong DUI Defense

A DUI charge can affect every aspect of your life—from your career to your reputation. But remember: a charge is not a conviction.

At Do & Associates, we take a strategic and aggressive approach to defending DUI cases. Our attorneys thoroughly analyze the evidence, including:

  • The legality of the stop

  • Whether field sobriety and chemical tests were conducted properly

  • The accuracy and maintenance records of testing equipment

  • Possible violations of your constitutional rights

We go beyond the initial police reports and demand all relevant documentation through the evidence discovery process. This may include surveillance footage, calibration logs, officer training records, and more—key materials that are often not provided up front.


Get the Defense You Deserve

DUI laws in California are complex, and the consequences can be severe. You need a legal team with the knowledge, experience, and determination to fight for your rights.

Do & Associates is here to help you every step of the way. Contact us today to schedule a free, confidential consultation and learn how we can protect your future.

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