ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

California DUI Laws for 2013

Updated on January 9, 2018
tamarawilhite profile image

Tamara Wilhite is a technical writer, industrial engineer, mother of 2, and a published sci-fi and horror author.

Introduction

The National Motorists Association says that drunk driving accounts for 10% of all fatal traffic accidents. According to California’s DMV, lowering the level of DUI impairment to 0.08% blood alcohol content has reduced the incidence of accidents. Patrice Rogers credits a 8-15% drop in “had been drinking” accidents due to the stricter DUI definition. California’s DUI laws have only been getting stricter in the name of public safety, with several cities mandating a breathalyzer in the ignition after the first offense.

California Laws on Testing for DUI

California driver's licenses have an implied consent to blood, urine and breath tests for alcohol when someone is pulled over on suspicion of DUI. California law says that if you refuse to take a test for alcohol in any form, your implied consent is suspended. The California DMV then suspends your license, though the officer doing the check is the one to physically take it away.
California allows drivers to request an administrative hearing within ten working days of suspension of the driver's license. However, the court will re-impose the driver's license suspension if the person is found guilty of driving under the influence. The courts do not require obvious signs of reckless or dangerous driving such as driving erratically or hitting something to issue a DUI verdict. Refusal to submit for testing is a crime under section 23557, but only if the person is later convicted of DUI. Refusing the blood alcohol test and later being found not guilty by a judge prevents penalties from being levied.

Commercial drivers have a BAC limit half that of other drivers.
Commercial drivers have a BAC limit half that of other drivers. | Source

California’s Blood Alcohol Content Limits

When implied consent is suspended, drivers face greater fines if they are found to have a 0.08% blood alcohol concentration or BAC if they have the typical driver's license. However the limit for commercial drivers is 0.04%.

If you are below the age of 21 or already on probation for a prior DUI offense, the BAC limit or blood alcohol content limit is 0.02%. This creates a hazard for those taking cold medication containing alcohol, because California DUI laws don't differentiate between the BAC due to legal drugs and drunkenness. Drivers can receive a DUID conviction even if they are taking prescription medications or OTC medications containing alcohol.

California DUI Laws as of 2013

California DUI laws 2013 and later allow drivers to face charges under Sections 23152(a) and 23152(b) even if they were pulled over one time. Section 23152(a), DUI With Bodily Injury, requires proof of mental or physical impairment. Section 23152(b), Driving Under the Influence (DUI) “Per Se”, simply requires the BAC limit to be reached to convict.

Driving Under the Influence (DUI) With Special Circumstances, Section 23152(c), applies to anyone driving while under the influence of any drug. This statute may be invoked if someone is pulled over for suspected DUI but found to be under the influence of sleep aids or antidepressants.

Repeat DUI Offenses

The California DUI laws require all repeat offenders in Los Angeles and surrounding counties to have ignition interlocks put into their vehicles. New first time DUI offenders must also get ignition interlock devices. Those who complete their DUI suspensions must complete a DUI course that takes up to nine months and pay for an ignition interlock device.

DUI as a Habitual Traffic Offender, Section 23550, makes those with three or more DUI convictions in ten years guilty of a felony. However, prosecutors can choose to prosecute the DUI case as a misdemeanor, though the driver's license is revoked for at least three years.

California's DUI laws consider anyone under 21 to be a minor.
California's DUI laws consider anyone under 21 to be a minor. | Source

Minors with DUI in California

Minors with a BAC over 0.01% are arrested in addition to having the driver's license immediately confiscated. Temporary and regular driver's licenses are suspended for at least a year. It may be suspended for an even longer period, depending on the BAC and other offenses.

Anyone under the age of 21 can be prosecuted for DUI under Sections 23152 or 23153, in addition to the DUI offenses in Sections 23126 and 23140. Minors are also penalized if there is alcohol in the vehicle, unless there is a parent also present.

Comments

Submit a Comment

No comments yet.

working

This website uses cookies

As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

Show Details
Necessary
HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
LoginThis is necessary to sign in to the HubPages Service.
Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
AkismetThis is used to detect comment spam. (Privacy Policy)
HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
Features
Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
MavenThis supports the Maven widget and search functionality. (Privacy Policy)
Marketing
Google AdSenseThis is an ad network. (Privacy Policy)
Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
Index ExchangeThis is an ad network. (Privacy Policy)
SovrnThis is an ad network. (Privacy Policy)
Facebook AdsThis is an ad network. (Privacy Policy)
Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
AppNexusThis is an ad network. (Privacy Policy)
OpenxThis is an ad network. (Privacy Policy)
Rubicon ProjectThis is an ad network. (Privacy Policy)
TripleLiftThis is an ad network. (Privacy Policy)
Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
Statistics
Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)