Legal Question in DUI Law in California

Under California Law what is the definition of of a DUI? What does it specifically include or exclude?


Asked on 11/17/10, 7:36 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

http://www.lmgtfy.com/?q=vehicle+code+23152

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Answered on 11/22/10, 8:27 pm
Robert Marshall Law Office of Robert L, Marshall

Vehicle Code �23152 is the primary DUI statue in California. Subsection (a) makes it illegal to drive while impaired by alcohol, drugs or both. Impairment is defined as being affected by alcohol, drugs or both to a degree that you cannot drive with the prudence and caution characteristic of an unimpaired driver.

Subsection (b) makes it illegal to drive with a blood alcohol level over .08 percent; no proof of actual impairment is necessary.

There are many more DUI-related statutes. It's illegal for a person under 21 to drive with blood alcohol over .01 percent; a DUI causing injury can be charged as a felony; and drunk drivers who kill someone can be charged with vehicular manslaughter, or even murder.

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Answered on 11/23/10, 3:08 am
Terry A. Nelson Nelson & Lawless

Exactly what it says: [D]riving [U]nder the [I]nfluence of any alcohol, or legal or illegal drug, or other substance, that affects and impairs your ability to operate a vehicle on public accessible roads. It can be from cold and allergy medicine to heroin to paint fumes. The impairment is proven through police officer testimony regarding your driving and field sobriety tests, and supported sometimes by blood testing.

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Answered on 11/23/10, 12:38 pm


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