The statutes setting forth California's various drunk driving provisions are not found in the Penal Code, but rather in the Vehicle Code. The following statutes, selected by Mr. Taylor, represent most (but not all) relevant code sections in this incredibly complex maze of laws. (Note: California DUI laws apply uniformly throughout the state -- whether the defendant is represented by San Diego DUI lawyers, Los Angeles DUI lawyers or Orange County DUI lawyers.)
These statutes set forth a definition of the misdemeanor and felony drunk driving, along with a few related sections.
The so-called "zero tolerance" law applying to drivers under 21 with 0.01% blood-alcohol.
Drivers under 21 with blood-alcohol of 0.05% or greater.
DUI "sentencing" in juvenile court.
Further provisions for those convicted of Section 23140 (drivers under 21).
Section 23536 etc:
Sentencing provisions for misdemeanor DUI.
Section 23554 etc:
Sentencing provisions for felony DUI.
Additional penalties ("enhancements") in misdemenaor drunk driving cases.
Section 23575 etc:
Provisions requiring installation of "ignition interlock devices" (IIDs).
Further describes requirements for installing court-ordered ignition interlock devices.
More sentencing provisions.
Laws governing probation in drunk driving cases.
The "implied consent" provisions for taking blood, breath or urine samples.
The use of "prior convictions" to increase DUI punishment.
Lawful use of a drug is not a defense to driving under the influence of drugs.
Court-ordered "alcohol education" programs.
General provisions for driver's license suspensions.
Further provisions for suspensions.
The main statutes applying to DMV license suspensions in DUI-related cases.
Procedures for license suspensions.
Procedures for DMV's departmental investigation in suspension proceedings.
Further DMV suspension procedures, including giving notice to the licensee.
The laws governing the DMV suspension hearing, including the licensee's demand for the hearing.
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