DUI Laws in California – California Federal Criminal Defense Attorney

Posted by Raoul Severo | Apr 13, 2020 | 0 Comments

What is DUI?

If you have a vehicle in California and also a driver license, then you should know about DUI in California or driving under the influence (DUI). This criminal offense includes driving any motor vehicle under influence of alcohol or while affected by any drugs or liquor of any type, or even when the driver has an alcohol level of 0.08 or greater in his blood. In case that the person is a minor he/she will be charged with this offense if alcohol or drug is found in the blood with a level 0.01 or higher. And in case of CDL (Commercial Driving Licence) a person can be charged for this offense if its found 0.04 or higher level of in the blood. Being well informed about this matter can make a huge difference if one is charged with this kind of Driving Offense.

DUI Laws in California

  • California Vehicle Code Section 23152(a): According to this section it is unlawful and illegal to drive any vehicle under any alcoholic influence.
  • California Vehicle Code Section 23152(b): It is illegal under the law for a person to drive any vehicle if alcohol level of 0.08 or higher is presented in the blood.
  • California Vehicle Code Section 23152(e): Under influence of any drug it is illegal under this section to drive any kind of vehicle in the State of California
  • California Vehicle Code Section 23152(f): It is a critical offense that a person under the influence of alcohol or drugs drives any vehicle in California and it is strictly punishable under the DUI Laws of California.

Much of the time in California, both the sections 23152(a) and (b) offenses will be charged on one single case. Despite the fact that there is just one act, the law says that an accused of driving drunk or under the influence of any drug can be sentenced for BOTH offenses. Vehicle Code section 23153 says that the "felony under the law DUI" includes any type of injury resulting from alcoholic driving. And in the Penal Code sections 191.5 and 192 depict the offense of "vehicular murder" includes the death of a person.

Penalties of DUI Laws in California

DUI Offense

Jail Imprisonment


License Suspension

1st DUI

Up to 6 Months

$390 to 1000

Up to 6 Months

2nd DUI

Up to 1 Year

$390 to 1000

Up to 2 Year

3rd DUI

Up to 1 Year

$390 to 1000

Up to 3 Year

4th DUI Felony

Up to 3 Year

$390 to 1000

Up to 4 Year

Injury DUI

Up to 1 Year

$390 to 5000

1 to 3 Years

Felony Injury DUI

Up to 16 Year

$1015 to 5000

Up to 5 Year


Federal Criminal Defense Attorney California

DUI offenses and drunk driving laws are complex in the State of California. Therefore if you are facing charges of DUI to any degree the Law Offices of Raoul Severo in California is willing to serve you and be your Federal Criminal Defense Attorney in California.

Last but not least, by reading this article you are entitled to use one of our discount coupon for attorneys that will grant you a discount and a free assessment of your case. Just send us a message including the code: CriminalOffense_5-20

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