DUI CHarges in California
If you have been arrested for
driving under the influence in California, it may be in your best interest to contact our Long Beach
DUI attorney. According to CA vehicle codes, there are many circumstances
that you can find yourself in.
Law Office of Peacock & Le Beau has the experience and knowledge to guide you through your DUI charge
and will fight your you if you are going to trial.
If you have been arrested for DUI, contact our firm and
schedule a case review now!
Review the provided list below for pertinent information. If you have more
questions or concerns regarding the law, your case, and your potential
DUI conviction, contact one of our attorneys from the
Law Office of Peacock & Le Beau.
As 2 of the 351 criminal law specialists in the state, you can have confidence in our abilities to form you a comprehensive and
solid defense case.
California DUI Statute Overview
California Vehicle Code 23152: Establishes that it is illegal to drive a vehicle while under the influence
of an alcoholic beverage or drug; includes definitions of illegal blood
alcohol levels (BAC), such as 0.08 for typical vehicles and 0.04 for commercial
vehicles; establishes that anyone who is addicted to a drug cannot drive
a vehicle legally.
California Vehicle Code 23153: Establishes that it is illegal to drive a vehicle while under the influence
of alcohol or a drug and do any sort of act, lawful or unlawful, that
causes the harm of someone other than the driver; creates a separate law
regarding DUI with injury crimes.
California Vehicle Code 23154: Establishes that operating a motor vehicle is illegal if the person has
both a BAC over 0.01 and a current probation created as a result of a
prior DUI conviction; includes that anyone on probation due to a DUI conviction
has automatically given consent to subsequent BAC testing methods if they
are arrested on suspicion of DUI; further establishes that refusing to
take a chemical test while on probation will trigger automatic suspension
of their driver’s license for 1 to 3 years.
California Vehicle Code 23158: Establishes that only certified specialists or licensed medical practitioners
can draw blood for BAC testing at the request of a law enforcement officer;
states that people arrested for a DUI can also request additional testing
by medical professionals and certified specialists at their own expense;
information collected during BAC testing will be made available to the
suspect and their attorney; provides protection from prosecutor to certified
specialists who draw blood at the request of the police; “certified
paramedics” do not include firefighters; subjects who decide to
take urine tests for BAC testing must be given full privacy.
California Vehicle Code 23213: Establishes that people residing in social rehabilitation facilities,
or “rehab centers”, can have a vehicle newly registered under
their name unless they have an operator’s license.
California Vehicle Code 23215: Establishes that highway patrol officers may conduct traffic stops and
make DUI arrests at any location, whether it be a highway or otherwise.
California Vehicle Code 23217: Establishes the 10-year lookback period for escalated DUI penalties and
states that escalated penalties can be issued before prior offenses are
officially turned into convictions.
California Vehicle Code 23220: Establishes that it is illegal to drive any sort of motor vehicle, even
those primarily for off-roading and while on non-highway roads, while
intoxicated by alcohol or
impaired by drugs.
California Vehicle Code 23221: Establishes that neither drivers nor passengers can legally drink an alcoholic
beverage while driving upon a highway or street.
California Vehicle Code 23222: Establishes that it is illegal to operate a motor vehicle while there
is an alcoholic container that has been opened, partially emptied, or
damaged in any way within the vehicle; also states that it is an infraction
to drive a vehicle with one ounce or less of
marijuana within the vehicle, unless it is concentrated cannabis used in conjunction
with a valid medical marijuana prescription.
California Vehicle Code 23223: Establishes that no driver or passenger shall have an open, partially
emptied, or damaged alcoholic beverage container while within a vehicle,
on or off highways.
California Vehicle Code 23224: Establishes that drivers under the age of 21 cannot drive a vehicle that
carries alcoholic beverages unless accompanied by a parent or legal guardian,
or an adult deemed responsible by a parent or guardian; states that criminal
charges will not apply if the young driver was instructed by their parent
or guardian to transport the alcohol for them; the same regulations and
protections apply to passengers under the age of 21; the driver’s
vehicle may be impounded for 30 days if said vehicle is registered to
a criminal offender; a conviction of this violation will be considered
California Vehicle Code 23225: Establishes that open, partially emptied, or damaged alcoholic containers
can be kept within the trunk of a vehicle without breaking the law; states
that alcoholic containers can also be kept in areas of vehicles not normally
occupied by any drivers or passengers, such as a truck’s flatbed,
but does not exclude glove compartments or any other storage space within
reach of the driver or a passenger; off-highway vehicles with no trunk
space can carry open containers so long as they are within a locked container
equipped with a padlock, combination lock, or any other similar lock;
open alcohol stores in the living quarters of housecars, RVs, and campers
are not included in this vehicle code; citations for the violation of
this vehicle code can be issued even when vehicles are empty.
California Vehicle Code 23226: Establishes that it is illegal to operate a motor vehicle while an open,
partially emptied, or damaged alcoholic containers are kept within passenger
compartments and seats within the vehicle.
California Vehicle Code 23229: Establishes that California Vehicle Code 23221 and 23223 (see above) do
not apply to passengers in a limousine, taxicab, bus, or any other entertainment
vehicle that is licensed to transport passengers and alcohol; drivers
of the aforementioned vehicles are still held strictly to the statutes
established in CVC 23221 and 23223.
California Vehicle Code 23229.1: Establishes that it is illegal to imbibe or carry open alcoholic beverages
in a bus, taxicab, or limousine if there is a passenger under 21 years
old within the vehicle as well; states that alcohol may be stored on said
vehicles in locked containers.
Experienced DUI Defense in California
At the Law Office of Peacock & Le Beau, Attorneys at Law we have successfully
assisted previous clients through the sometimes complex legal process. We have your prioritize your
concerns when we are building your defense and will keep you informed
every step of the way. If you or a loved one are facing DUI charges and
fear conviction, trust legal advice with your future in mind.
We will fight to achieve the best possible case result for your case. Don't
go through this alone,
schedule a free case review now!