The drunk driving provisions of the California Vehicle Code consist of dozens of pages of complex language involving such matters as crimes, procedures, evidence, penalties, license suspensions, DUI schools, etc. At the heart of these is Section 23152 which sets forth the two basic laws. Section 23152(a) makes it a misdemeanor to drive a vehicle while under the influence of alcohol or drugs (or a combination of the two). Section 2352(b) describes a second misdemeanor for driving with a blood alcohol level of .08% or more — regardless of whether under the influence.
> 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
> 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Unless the driver refused to submit to a breath or blood test, he will usually be charged with both crimes — driving under the influence and driving with .08% blood alcohol. Further, he can be convicted of both; if he refused to provide a chemical sample, he will only be charged with Section 23152(a), although the sentence and license suspension may be more severe.
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