If you have been arrested for driving under the influence (DUI) in California, it may be in your best interests and to your advantage
to learn more about California’s DUI statutes in more detail. 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, you can
Long Beach DUI attorneys from
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. Call
562.888.9148 for a
free case evaluation.
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 collect 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 is 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.
Remember: if you have additional questions or concerns, or need help after being
arrested for a DUI,
contact our Long Beach criminal defense attorneys.