DUI LAWS IN CALIFORNIA
Driving under the influence, Vehicle Code Section 23152:
The criminal law on DUI or drunk driving as applied in the Long Beach Court, is
promulgated by the California legislature and is codified so that it can be applied
uniformly throughout the state 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.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in
a person's blood is based upon grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the
person had 0.08 percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a chemical test within
three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a
vehicle. This subdivision shall not apply to a person who is participating in a
narcotic treatment program approved pursuant to Article 3 (commencing with
Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety
Code.
It is vitally important to understand that simply having alcohol on your breath is not
enough to be legally considered DUI in California or Long beach. The law requires
a level of impairment that interferes with safe driving.
DUI for Drivers of Commercial Vehicles
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of
alcohol in his or her blood to drive a commercial motor vehicle, as defined in
Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the
person had 0.04 percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a chemical test within
three hours after the driving.
Commercial drivers and truck drivers face harsh penalties for DUI particularly if the
arrest occurs while operating commercial vehicle. The DMV can and will revoke a
persons license for life if convicted for DWI a second time. Commercial drivers
should contact a Long Beach or San Pedro DUI Lawyer immediately for advice and
representation.
The criminal law on DUI or drunk driving as applied in the Long Beach Court, is
promulgated by the California legislature and is codified so that it can be applied
uniformly throughout the state 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.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in
a person's blood is based upon grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the
person had 0.08 percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a chemical test within
three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a
vehicle. This subdivision shall not apply to a person who is participating in a
narcotic treatment program approved pursuant to Article 3 (commencing with
Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety
Code.
It is vitally important to understand that simply having alcohol on your breath is not
enough to be legally considered DUI in California or Long beach. The law requires
a level of impairment that interferes with safe driving.
DUI for Drivers of Commercial Vehicles
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of
alcohol in his or her blood to drive a commercial motor vehicle, as defined in
Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the
person had 0.04 percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a chemical test within
three hours after the driving.
Commercial drivers and truck drivers face harsh penalties for DUI particularly if the
arrest occurs while operating commercial vehicle. The DMV can and will revoke a
persons license for life if convicted for DWI a second time. Commercial drivers
should contact a Long Beach or San Pedro DUI Lawyer immediately for advice and
representation.
Long Beach Law Office
444 West Ocean Avenue
Long Beach CA 90802
444 West Ocean Avenue
Long Beach CA 90802
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