In recent years, California has experienced sharp declines in vehicular accidents involving drinking and driving. Many attribute this to the state’s laws that apply to driving under the influence (DUI), which are some of the strictest in the nation.
The California Vehicle Code includes two basic drunk-driving laws, sections 23152(a) and 23152(b). Under the first, it is a misdemeanor to drive under the influence of alcohol and/or drugs. Under the second, it is a misdemeanor to drive with .08% or more of alcohol in your blood. The law provides that a defendant voluntarily take and complete a chemical test at the request of a Peace Officer.
Driving under the influence is both a criminal and administrative matter. Drivers caught with alcohol levels in their blood or breath that exceed legal levels, or those who refuse to take (and complete) a chemical test, are dealt with in two ways:
First, they are prosecuted for the criminal offense of DUI or refusal. Criminal penalties can include jail and prison, fines, treatment, probation and license suspension. Second, they are subject to licensing action by the Department of Motor Vehicles.
One result of the continued toughening of California’s DUI laws is that they have become increasingly complex – a good reason for you to contact the Law Offices of Jake Brower if you or a loved one is accused of violations under this code. An even better reason is the success rate we’ve enjoyed with our aggressive defense of individuals charged under California’s drunk-driving statutes.