Driving Under the Influence (DUI)

Vehicle Code 23152(a); Vehicle Code 23152(b)

Vehicle Code 23152(a): “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”

Vehicle Code 23152(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.” This includes anyone under 21 years old who has a Blood Alcohol Concentration (BAC) of 0.01 or more. 


Most DUI’s are misdemeanors, while some are felonies. The consequences vary depending on whether the offense is a first time DUI or repeat DUI. It also depends on your BAC and if you have caused harm to anyone.

  • Fine: DUI’s cost the driver approximately $10,000. This includes all of the fines and fees that one accrues including the base fine, bail, court fines, licensing feels, increased insurance premiums, etc.
  • 4 month to one year suspension of license depending on first or subsequent offense
  • Jail time
    • 1st violation: imprisonment for not less than 96 hours, nor more than six months
    • 2nd violation: not less than 90 days nor more than a year
    • 3rd violation, not less than 120 days nor more than one year

If you kill someone, you will likely face manslaughter or murder charges, which can include a lifetime in prison depending on your case.


Notice the first code is subjective; the driver must consume alcohol to a degree that rendered them unsafe to drive. You can be given a DUI even if you are well under the legal limit. 

A DUI arrest goes on your criminal record and can impact future employment.