California DUI Law - Misdemeanor and Felony DUI

The basic DUI law can be found in California Vehicle Code sections 23152 and 23153.

In order to convict a person of DUI, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood, BAC.

A DUI case may be charged as a felony (meaning the punishment can be a term in state prison for a minimum of 16 months) where someone is injured, or where the accused has three or more prior DUI convictions. (Note that certain related charges, such as “wet reckless” driving may count as a prior DUI conviction for this purpose.) These violations must have happened within ten (10) years of the new charge to count against the accused as a prior conviction.

Remember, there are two ways to be convicted of DUI:

1. Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or
2. Driving a vehicle while having .08 or more, by weight, of alcohol in the blood, See Blood Alcohol Calculator (BAC).

So, how do prosecutors convict people of driving while intoxicated? The evidence typically falls into one of three broad categories: Driving, Field Sobriety Tests, and Chemical Tests.