DUI LAWS IN CALIFORNIA
Driving under the influence, Vehicle Code Section 23152:
The law on 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.
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 face harsh penalties for DUI particularly if the arrest occurs in
the 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