Home -> Law Blog Directory -> Criminal Law Blogs -> DUI Blogger

Criminal Law

: DUI Blogger

The Two Components of a California DUI Charge

By Neil Shouse, Esq.

California DUI law is primarily regulated under Vehicle Code 23152 VC. Vehicle Code 23152 VC establishes two distinct laws: Vehicle Code 23152(a) VC driving under the influence and Vehicle Code 23152(b) VC driving with a blood alcohol concentration (BAC) of 0.08% or greater. Vehicle Code 23152(a) VC California?s ?driving under the influence? law penalizes driving ?under the influence?. You are under the influence regardless of what your BAC reveals if you are unable to drive with the caution characteristic of a sober person. Vehicle Code 23152(b) VC California?s ?driving with a BAC of 0.08% or greater? law penalizes just that?driving with a BAC of 0.08% or greater regardless of whether you are ?under the influence?. Unless a suspect refuses to submit to a DUI chemical blood or breath test, most people arrested for a California DUI are charged with both sections, which carry the exact same penalties...continue to full post

Full post as published by DUI Blogger on July 20, 2010 (boomark / email).