- VC §23152(a) – driving under the influence of alcohol and/or drugs
- VC §23152(b) – driving under the influence with a blood alcohol level of .08 or moreThese two charges are often filed together in a misdemeanor DUI case.
- VC §23153(a) – driving under the influence of alcohol and/or drugs causing bodily injury
- VC §23153(b) – driving under the influence with a blood alcohol level of .08 or more causing bodily injury; These two charges are often filed together when there is an injury to someone other than the driver, and can be filed as misdemeanor or felony charges.
- Penal Code §191.5, 192(c) – vehicular manslaughter while intoxicated (varying degrees)
- Harbors & Navigation Code §655 – Operating a Boat While Under the Influence (comparable statutes to the vehicle code DUI laws)
Misdemeanors carry up to six months or one year in the county jail, while felonies carry the possibility of state prison. Prosecutors have several tools used to enhance the possible sentence against the defendant. Some of the more common enhancements include:
- having a blood alcohol level of .15 or higher
- refusing to provide a blood or breath sample as required by “Implied Consent”
- reckless driving while under the influence
- multiple victims in the course of an accident
- gross negligence versus without gross negligence
- prior convictions on your driving or criminal record
- prior driving history
Do not talk to police. Do not provide statements, even if you think they are statements which declare your innocence – they will only be twisted and used against you. First, consult with a lawyer. Do not handle these cases on your own. Do not consent to a search of your person/residence/vehicle. Demand a search warrant. Ask for your lawyer. These are your constitutional rights – exercise them!