Find us on Google+ DUI Laws - Dui Attorney Orange County

DUI Laws

Over 21 (Non-Injury) Adult DUI Statutes

California Vehicle Code§ 23152 (a)
Driving under the Influence

  1. 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 motor vehicle.

California Criminal Jury Instruction (DUI Trial Lawyers Only)
In order to gain a conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830 and are as follows:

  1. A person drove a vehicle, and
  2. At the time, the driver was under the influence of any alcoholic beverage or any drug or under the combined influence of any alcoholic beverage and drug

Under the influence is further defined in CALJIC 16.831. A person is under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. If it is established that person is driving a motor vehicle under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug, it is no defense that there was some other cause which also tended to impair his/her ability to drive with the required caution.

In California, another jury instruction relating to under the influence is the condition of the driver further defined and located in CALJIC 16.832. The manner in which a vehicle is being driven is not sufficient in itself to establish that the driver of the vehicle either is or is not under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug. However, the manner in which the vehicle is being driven is a factor to be considered in light of all the proved surrounding circumstances in deciding whether the person operating the vehicle was or was not under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug.

California Vehicle Code§ 23152 (b)
Driving with Prohibited Blood Alcohol Concentration

  1. b. It is unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

California Criminal Jury Instruction (DUI Trial Lawyers Only)
In order to gain a conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830.1 and are as follows:

  1. A person drove a vehicle, and
  2. At the time, the driver had .08 percent or more, by weight, of alcohol in his/her blood.

First DUI Offense

California Vehicle Code §23536

  1. If any person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
  2. The court shall order that any person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’ s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
  3. Except as provided in paragraph (2) of subdivision (a) of Section 23538, the person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

California Vehicle Code §23538
Conditions of Probation for First Time Offense

Except as provided in subdivision (d), if the court grants probation to any person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be subject to one of the following:

  1. Be confined in the county jail for at least 48 hours but not more than six months, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). Except as provided in paragraph (2), the person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
  2. Pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000), and, if the person gives proof of financial responsibility, as defined in Section 16430, to the Department of Motor Vehicles, have the privilege to operate a motor vehicle restricted for 90 days to necessary travel to and from that person’s place of employment and to and from participation in a program described in subdivision (b). If driving a motor vehicle is necessary to perform the duties of the person’s employment, the restriction also shall allow the person to drive to locations within the person’s scope of employment. Whenever the driving privilege is restricted pursuant to this paragraph, the person shall maintain proof of financial responsibility for three years.
  3. If the court elects to order a 90-day restriction as provided for in paragraph (2), the court shall order and advise the person of the following matters:
    1. If the person’s privilege to operate a motor vehicle is suspended under Section 13353.2, the court-ordered restriction does not allow the person to operate a motor vehicle unless the suspension under Section 13353.2 has either been served to completion or set aside, and his or her license has been reinstated. The restriction of the driver’s license described in paragraph (2) shall commence upon the reinstatement of the privilege to operate a motor vehicle.
    2. If a suspension was not imposed pursuant to Section 13353.2, the person shall be advised by the court that the person’s driving privilege may be suspended by the department pursuant to subdivision (c) of Section 13352.4 until proof of financial responsibility is provided. (b) In any county where the board of supervisors has approved, and the State Department of Alcohol and Drug Programs has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court.
      1. The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
      2. The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least six months or longer, as ordered by the court, in a licensed program that consists of at least 45 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
      3. The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
      1. The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
      2. The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Alcohol and Drug Programs. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either
        1. failure to enroll in, or failure to successfully complete, the program, or
        2. successful completion of the program as ordered.
    3. Notwithstanding subdivision (a), if the offense occurred in a vehicle requiring a driver with a class A or class B driver’s license or with an endorsement specified in Section 15278, the court shall upon conviction order the department to suspend the driver’s privilege pursuant to paragraph (1) of subdivision (a) of Section 13352.



Leave a Response