California DUI Laws
Vehicle Code
Division 11. Rules Of The Road
Chapter 12. Public Offenses
- Vehicle Code - Section 23136
(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01...
- Vehicle Code - Section 23140
(a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his...
- Vehicle Code - Section 23152
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any...
- Vehicle Code - Section 23153
(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic...
- Vehicle Code - Section 23158
(a) Notwithstanding any other provision of law, only a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical...
- Vehicle Code - Section 23213
No patient or other person residing in a social rehabilitation facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the...
- Vehicle Code - Section 23215
The department may, but shall not be required to, provide patrol or enforce the provisions of Section 23152 for offenses which occur other than upon...
- Vehicle Code - Section 23216
(a) The provisions of Sections 2, 6, 7, and 10 expressly apply to the provisions of this article, and, further, for any recidivist or enhancement...
- Vehicle Code - Section 23217
The Legislature finds and declares that some repeat offenders of the prohibition against driving under the influence of alcohol or drugs, when they are addicted...
- Vehicle Code - Section 23220
(a) No person shall drink any alcoholic beverage while driving a motor vehicle upon any highway or on any lands described in subdivision (b). (b)...
- Vehicle Code - Section 23221
(a) No driver shall drink any alcoholic beverage while in a motor vehicle upon a highway. (b) No passenger shall drink any alcoholic beverage while...
- Vehicle Code - Section 23222
(a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on...
- Vehicle Code - Section 23223
(a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision...
- Vehicle Code - Section 23224
(a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by...
- Vehicle Code - Section 23225
(a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any...
- Vehicle Code - Section 23226
(a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or...
- Vehicle Code - Section 23229
(a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed...
- Vehicle Code - Section 23229.1
(a) Subject to subdivision (b), Sections 23223 and 23225 do apply to any charter-party carrier of passengers, as defined in Section 5360 of the Public...
- Vehicle Code - Section 23247
(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or...
- Vehicle Code - Section 23249
The Department of Motor Vehicles shall conduct two studies to evaluate the effectiveness of ignition interlock in California and shall report the findings to the...
- Vehicle Code - Section 23249.50
(a) The Legislature finds and declares all of the following: (1) Driving under the influence of an alcoholic beverage or a drug is a serious...
Division 11.5. Sentencing For Driving While Under The Influence
Chapter 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age
- Vehicle Code - Section 23500
This chapter applies to the imposition of penalties and sanctions by the courts on persons who were less than 21 years of age at the...
- Vehicle Code - Section 23502
(a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of...
- California Laws: Vehicle Code Section 23509
This article shall be known and may be cited as the "Youthful Drunk Driver Visitation Program Act." ...
- Vehicle Code - Section 23510
The Legislature finds and declares all of the following: (a) Young drivers often do not realize the consequences of drinking alcohol or ingesting any other...
- Vehicle Code - Section 23512
For the purposes of this article, "program" means the Youthful Drunk Driver Visitation Program prescribed in this article. ...
- Vehicle Code - Section 23514
(a) If a person is found to be in violation of Section 23140, is convicted of, or is adjudged a ward of the juvenile court...
- Vehicle Code - Section 23516
The court shall investigate and consult with the defendant or ward, defendant's or ward's counsel, if any, and any proposed supervisor of a visitation under...
- Vehicle Code - Section 23517
(a) To the extent that personnel and facilities are made available to the court, the court may include a requirement for supervised visitation by the...
- Vehicle Code - Section 23518
(a) The program may include a personal conference after the visitations described in Section 23517 between the sentencing judge or judicial officer or the person...
- Vehicle Code - Section 23518.5
The county, a court, any facility visited pursuant to the program, the agents, employees, or independent contractors of the court, county, or facility visited pursuant...
- Vehicle Code - Section 23520
(a) Whenever, in any county specified in subdivision (b), a judge of a juvenile court, a juvenile hearing officer, or referee of a juvenile court...
- Vehicle Code - Section 23521
(a) Any finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense in any...
Chapter 2. Court Penalties
- Vehicle Code - Section 23530
This chapter applies to the imposition of penalties, sanctions, and probation upon persons convicted of violating driving while under the influence offenses that are set...
- Vehicle Code - Section 23536
(a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for...
- Vehicle Code - Section 23538
(a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms...
- Vehicle Code - Section 23540
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section...
- Vehicle Code - Section 23542
(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other...
- Vehicle Code - Section 23546
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section...
- Vehicle Code - Section 23548
(a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other...
- Vehicle Code - Section 23550
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations...
- Vehicle Code - Section 23550.5
(a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more...
- Vehicle Code - Section 23552
(a) (1) If the court grants probation to a person punished under Section 23550, in addition to the provisions of Section 23600 and any other...
- Vehicle Code - Section 23554
If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in...
- Vehicle Code - Section 23556
(a) (1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other...
- Vehicle Code - Section 23558
Any person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of Section 23153...
- Vehicle Code - Section 23560
If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of a separate violation of Section 23103,...
- Vehicle Code - Section 23562
If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and...
- Vehicle Code - Section 23566
(a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations...
- Vehicle Code - Section 23568
(a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms...
- Vehicle Code - Section 23572
(a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the...
- Vehicle Code - Section 23575
(a) (1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of Section...
- Vehicle Code - Section 23576
(a) Notwithstanding Section 23575, if a person is required to operate a motor vehicle in the course and scope of his or her employment and...
- Vehicle Code - Section 23577
(a) If any person is convicted of a violation of Section 23152 or 23153, and at the time of the arrest leading to that conviction...
- Vehicle Code - Section 23578
In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall...
- Vehicle Code - Section 23580
(a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under...
- Vehicle Code - Section 23582
(a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway,...
- Vehicle Code - Section 23592
(a) (1) Whenever a person is convicted of any of the following offenses committed while driving a motor vehicle of which he or she is...
- Vehicle Code - Section 23593
(a) The court shall advise a person convicted of a violation of Section 23103, as specified in Section 23103.5, or a violation of Section 23152...
- Vehicle Code - Section 23594
(a) Except as provided in subdivision (b), the interest of any registered owner of a motor vehicle that has been used in the commission of...
- Vehicle Code - Section 23596
(a) (1) Upon its own motion or upon motion of the prosecutor in a criminal action for a violation of any of the following offenses,...
- Vehicle Code - Section 23598
In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568, a court may impose, as...
Chapter 3. Probation
- Vehicle Code - Section 23600
(a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and...
- Vehicle Code - Section 23601
(a) Except as provided in subdivision (c), an order to pay any fine, restitution, or assessment, imposed as a condition of the grant of probation...
- Vehicle Code - Section 23602
Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court...
Chapter 4. Procedures
- Vehicle Code - Section 23610
(a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by...
- Vehicle Code - Section 23612
(a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or...
- Vehicle Code - Section 23614
(a) In addition to the requirements of Section 23612, a person who chooses to submit to a breath test shall be advised before or after...
- Vehicle Code - Section 23620
(a) For the purposes of this division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in...
- Vehicle Code - Section 23622
(a) In any case charging a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations...
- Vehicle Code - Section 23624
Only one challenge shall be permitted to the constitutionality of a separate conviction of a violation of Section 14601, 14601.2, 23152, or 23153, which was...
- Vehicle Code - Section 23626
A conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or...
- Vehicle Code - Section 23630
The fact that any person charged with driving under the influence of any drug or the combined influence of alcoholic beverages and any drug in...
- Vehicle Code - Section 23635
When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for...
- Vehicle Code - Section 23640
(a) In any case in which a person is charged with a violation of Section 23152 or 23153, prior to acquittal or conviction, the court...
- Vehicle Code - Section 23645
(a) Except as otherwise provided in subdivision (c), any person convicted of a violation of Section 23152 or 23153 shall, in addition to any other...
- Vehicle Code - Section 23646
(a) Each county alcohol program administrator or the administrator's designee shall develop, implement, operate, and administer an alcohol and drug problem assessment program pursuant to...
- Vehicle Code - Section 23647
(a) Any person convicted of a violation of Section 23152 or 23153 who is required to participate in a county alcohol and drug problem assessment...
- Vehicle Code - Section 23648
(a) Each county shall prepare, or contract to be prepared, an alcohol and drug problem assessment report on each person described in subdivision (b) of...
- Vehicle Code - Section 23649
(a) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, there shall be levied an assessment of not more...
- Vehicle Code - Section 23650
The Office of Traffic Safety shall adopt rules and guidelines to implement Sections 23646 to 23649, inclusive. ...
- Vehicle Code - Section 23655
(a) Upon any conviction of a violation of Section 23152 or 23153, any judge of the court may order a presentence investigation to determine whether ...
- Vehicle Code - Section 23660
(a) If a person's privilege to operate a motor vehicle is required to be suspended or revoked by the department under other provisions of this...
- Vehicle Code - Section 23662
If a person is placed on probation, the court shall promptly notify the Department of Motor Vehicles of the probation and probationary term and conditions...
- Vehicle Code - Section 23665
(a) If a person is convicted of a violation of Section 20001, or of Section 23152 or 23153 and is sentenced to one year in...
- Vehicle Code - Section 23670
A court shall not order or refer any person to any program, including an alcohol and other drug education program or a program licensed pursuant...
- Vehicle Code - Section 23675
This division shall become operative on July 1, 1999. ...
Division 17. Offenses And Prosecution
Chapter 1. Offenses
- Vehicle Code - Section 40000.15
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Subdivision (g), (j), (k), (l), or (m) of Section...
