Top 30 California DUI Laws (2026) – Orange County DUI Guide

California DUI law is primarily defined by Vehicle Code § 23152 (DUI without injury) and § 23153 (DUI causing injury). Together, these laws make it a crime to drive while impaired by alcohol or drugs, or to drive with a blood alcohol concentration (BAC) of 0.08% or higher.

California also applies lower BAC limits to certain drivers (including many commercial drivers at 0.04% and many under-21 drivers at 0.01%), adds sentencing enhancements for priors, high BAC, and child passengers, and allows the DMV to impose an administrative per se suspension soon after arrest.

In Orange County, DUI cases are prosecuted aggressively. A conviction can trigger mandatory license suspension, DUI programs, fines, probation, ignition interlock requirements, increased insurance costs, and possible jail exposure, especially in repeat-offense or injury-related cases.

This guide summarizes the Top 30 California DUI laws for 2026 and what they often mean for drivers arrested in Irvine, Santa Ana, Newport Beach, Costa Mesa, Anaheim, and throughout Orange County.

If you were arrested locally, speak with an experienced DUI Lawyer Orange County as soon as possible.

Key Legal Definition: Under Vehicle Code § 23152(b), a driver commits DUI “per se” by operating a vehicle with a BAC of 0.08% or higher regardless of whether the is impaired¹ or the under the influence.

Quick Reference: California DUI Statute Summary

1. Vehicle Code § 23152(a)² – DUI Based on Impairment

Vehicle Code § 23152(a) allows prosecutors to file DUI charges based on impairment, even when a driver’s BAC is below 0.08% or when BAC evidence is disputed. To prove this DUI charge, officers often rely on driving pattern observations, things you say, and field sobriety tests³ to argue that alcohol (or a drug) impaired your ability to drive like a sober person.

Key Takeaway: You can face DUI allegations even without a 0.08% BAC if police claim impairment.

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2. Vehicle Code § 23152(b)⁴ – DUI Per Se (0.08%)

Vehicle Code § 23152(b) is the “per se” DUI statute. If the prosecution proves you were driving and your BAC was 0.08% or higher at the time of driving, the law allows a DUI charge even if you appeared coordinated and you were driving like a sober person. Many defenses focus on whether the stop and evidence collection were lawful, including constitutional search and seizure issues, and whether breath or blood testing accurately reflects BAC at the time of driving.

Key Takeaway: A chemical test at or above 0.08% can support a DUI per se charge even if impairment is disputed.

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3. Vehicle Code § 23152(c)⁵ – DUI: “Addicted to Drugs”

Vehicle Code § 23152(c) addresses driving by a person who is “addicted to the use of any drug,” which is legally different from being “currently under the influence.” These cases are less common and often turn on whether the legal definition of addiction is met and whether statutory exceptions apply.

Key Takeaway: “Addicted to drugs” is a separate legal theory that can require specific proof beyond typical impairment evidence.

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4. Vehicle Code § 23152(d)⁶ – Commercial Driver BAC Limit (0.04%)

Vehicle Code § 23152(d) imposes a lower BAC threshold for commercial motor vehicle drivers 0.04% rather than 0.08%. For commercial drivers, a DUI allegation can create both criminal risk and severe licensing consequences that can affect employment and future driving privileges.

Key Takeaway: Commercial drivers face DUI exposure at lower BAC levels and often higher career impact.

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5. Vehicle Code § 23152(e)⁷ – Passenger for Hire BAC Limit (0.04%)

Vehicle Code § 23152(e) applies to certain “passenger for hire” situations and sets a 0.04% BAC threshold when a passenger for hire is present at the time of the offense. These cases can involve technical legal questions about what qualifies as a passenger for hire and how the driving situation is classified.

Key Takeaway: If this section applies, the BAC threshold is 0.04% and eligibility details can be outcome-determinative.

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6. Vehicle Code § 23152(f)⁸ – DUI Drugs (DUID)

Vehicle Code § 23152(f) covers driving under the influence of drugs (DUID), including controlled substances and prescription medications. Unlike alcohol DUIs, there is no universal “per se” THC or drug limit in California, so these cases often depend on officer observations, alleged driving pattern, and interpretation of testing. Learn more about defense approaches on the DUI drugs (DUID) page.

Key Takeaway: Drug DUI cases often hinge on impairment proof and how drug test results are interpreted.

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7. Vehicle Code § 23152(g)⁹ – Combined Influence (Alcohol + Drugs)

Vehicle Code § 23152(g) applies when the prosecution alleges combined influence of alcohol and drugs. Prosecutors often argue that alcohol plus a drug can compound impairment. Defense may focus on whether either substance actually impaired driving, and whether the tests and observations truly support the combined-influence claim.

Key Takeaway: Combined influence cases often turn on whether impairment can be reliably attributed to alcohol, drugs, or both.

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8. Vehicle Code § 23153(a)¹⁰ – DUI Causing Injury (Impairment + Injury)

Vehicle Code § 23153(a) increases exposure when DUI is alleged to have caused bodily injury to another person. These cases can be filed as felonies and often involve major litigation over causation (what caused the injury) and whether alleged impairment actually contributed. For more on felony exposure, see DUI felony & bodily injury.

Key Takeaway: Injury allegations can elevate a DUI into felony territory and significantly increase risk.

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9. Vehicle Code § 23153(b)¹¹ – DUI Injury “Per Se” (0.08%+ Injury)

Vehicle Code § 23153(b) is the “per se” counterpart to injury DUIs. It typically involves allegations that the driver had a BAC of 0.08% or higher and that the driving conduct contributed to injury. These cases often involve both BAC litigation and a separate causation fight.

Key Takeaway: Even with BAC evidence, the prosecution still must prove causation and injury elements.

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10. Vehicle Code § 23153(f)¹² – DUI Injury: Drugs

Vehicle Code § 23153(f) applies when a driver is allegedly under the influence of drugs and the prosecution claims injury resulted. Like other drug-based DUIs, the case often turns on impairment proof plus the additional requirement of proving injury and causation.

Key Takeaway: Injury drug DUI cases are frequently contested on both impairment and accident-causation grounds.

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11. Vehicle Code § 23153(g)¹³ – DUI Injury: Combined Alcohol + Drugs

Vehicle Code § 23153(g) involves allegations of combined influence (alcohol and drugs) with injury. The prosecution may rely on multiple substances to support impairment, but still must prove the injury-related elements, often a major focus in defense strategy.

Key Takeaway: Combined influence + injury cases are complex, and causation is often a key battleground.

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12. Vehicle Code § 23103.5¹⁴ – “Wet Reckless”

Vehicle Code § 23103.5 is commonly referred to a “wet reckless,” a reckless driving conviction involving alcohol or drugs. This happens when a DUI case is reduced by way of settlement negotiations. It carries fewer penalties than a DUI conviction, but it still counts as a prior DUI which affects future sentencing exposure. For comparison and strategy context, see wet reckless vs DUI and dry reckless.

Key Takeaway: A “wet reckless” reduces penalties, but it can still create future DUI consequences.

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13. Vehicle Code § 23612¹⁵ – Implied Consent Law

Vehicle Code § 23612 is California’s implied consent law. If you are lawfully arrested for DUI, refusing a required chemical test can trigger serious DMV consequences and can complicate the criminal case. Whether the arrest was lawful¹⁶ and whether advisements^{17,18,19,20,21,22} and procedures²³ were properly followed can matter in both the DMV and court tracks.

Key Takeaway: Refusal allegations often create enhanced license consequences and additional litigation issues.

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14. Vehicle Code § 13353.2²⁴ – DMV Administrative Per Se (APS) Suspension

Vehicle Code § 13353.2 authorizes the DMV to impose an administrative license suspension shortly after a DUI arrest, separate from the criminal case. The DMV process is designed to move quickly and may affect your ability to drive while the court case is pending.

Key Takeaway: DMV consequences can begin soon after arrest, even before any court conviction.

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15. Vehicle Code § 23538 – First DUI Sentencing (Baseline)

Vehicle Code § 23538 is commonly cited in first-time DUI sentencing. Conditions often include probation, fines and fees, DUI education programs, and additional terms depending on BAC level and case facts. If you are facing a first-offense allegation, see first DUI defense.

Key Takeaway: First DUIs can still carry significant consequences—especially with aggravating factors.

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16. Vehicle Code § 23540 – Second DUI Sentencing

Vehicle Code § 23540 increases penalties for a second DUI conviction and can include mandatory custody exposure, longer programs, and tighter probation terms. See second DUI defense for additional detail.

Key Takeaway: Second-offense DUI exposure rises sharply—early defense work can matter.

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17. Vehicle Code § 23548 – Third DUI Sentencing

Vehicle Code § 23548 commonly appears in third-offense DUI sentencing and can involve substantially increased penalties, longer DUI programs, and greater custody exposure. Review third DUI defense for a focused breakdown.

Key Takeaway: Third DUIs carry severe consequences and require careful case review and planning.

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18. Vehicle Code § 23550²⁵ – Fourth DUI (Felony-Level)

Vehicle Code § 23550 often becomes relevant when a fourth DUI is alleged within the lookback period. Depending on record history and timing, a fourth DUI will be prosecuted as a felony, creating higher custody exposure and long-term consequences.

Key Takeaway: A fourth DUI will trigger felony treatment and dramatically higher exposure.

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19. Vehicle Code § 23550.5²⁶ – Prior Felony DUI (Felony Filing Trigger)

Vehicle Code § 23550.5 is associated with felony DUI exposure based on prior felony DUI history. When applicable, it can drive how a new case is charged and can increase sentencing stakes. Record review and how priors are alleged and proven often becomes critical.

Key Takeaway: Prior felony DUI history can change the entire posture of a new DUI prosecution.

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20. Vehicle Code § 23572²⁷ – Child Passenger Enhancement

Vehicle Code § 23572 adds potential penalties when a DUI is alleged with a minor passenger in the vehicle (under age 14). These allegations can significantly increase sentencing exposure and can influence negotiations, especially when combined with other aggravating factors. Review: What is DUI Child Endangerment?

Key Takeaway: A child passenger allegation significantly increases penalty exposure beyond the base DUI charge.

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21. Vehicle Code § 23578 – High BAC Enhancement

Vehicle Code § 23578 is commonly cited for higher BAC allegations (0.15% or higher). Elevated BAC claims can increase sentencing conditions and can change how the prosecution approaches the case.

Key Takeaway: High BAC allegations often increase penalties and raise the importance of testing reliability challenges.

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22. Vehicle Code § 14601.2²⁸ – Driving on a DUI-Related Suspension

Vehicle Code § 14601.2 can be charged when someone drives while their license is suspended after a DUI conviction.  This is a separate offense and can create additional exposure on top of the underlying DUI case.

Key Takeaway: Driving on a suspended license can add a second criminal layer to a DUI situation.

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23. Vehicle Code § 14601.5²⁹ – Driving While Suspended (DMV Admin Per Se-Related)

Vehicle Code § 14601.5 addresses driving while your license is suspended or revoked, due to a DMV Administrative Hearing Suspension. This is a separate criminal offense from DUI itself and can be charged in addition to an underlying DUI case.

Repeat suspension violations can increase custody exposure, fines, and probation consequences, particularly if the suspension stems from a DUI arrest or DMV administrative per se (APS) action.

Key Takeaway: Driving during a DUI-related suspension can create additional charges and compound legal exposure beyond the original DUI allegation.

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24. Vehicle Code § 15210 – Commercial Motor Vehicle Definition

Vehicle Code § 15210 defines what qualifies as a commercial motor vehicle. This matters because commercial definitions can affect which BAC thresholds apply and how the DMV treats a license following a DUI allegation.

Key Takeaway: Commercial classification can change BAC thresholds and licensing consequences.

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25. Penal Code § 191.5³⁰ – Vehicular Manslaughter (DUI Fatality Exposure)

Penal Code § 191.5 may apply when a DUI case involves a fatality and the prosecution alleges vehicular manslaughter. These cases require detailed analysis of causation, driving conduct, and what the evidence truly shows. See vehicular manslaughter defense.

Key Takeaway: Fatality allegations are high-stakes cases where causation and evidence analysis are central.

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26. Watson DUI Murder – “Implied Malice” Theory³¹

In certain DUI fatality cases, prosecutors may attempt to file Watson murder under an “implied malice” theory, often relying on alleged prior warnings and the incident facts. Learn more about Watson DUI murder charges.

Key Takeaway: Watson murder exposure can exist in DUI fatality cases depending on the facts and alleged prior warnings.

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27. Vehicle Code § 20001³² – Hit and Run (Injury)

Vehicle Code § 20001 applies when someone leaves the scene of an accident involving injury. In DUI contexts, hit-and-run allegations can dramatically worsen the case posture and increase custody exposure. See hit and run defense.

Key Takeaway: Hit-and-run allegations can intensify DUI exposure and change how a case is prosecuted.

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28. Vehicle Code § 23140³³ – Underage DUI (0.05%)

Vehicle Code § 23140 applies to drivers under 21 with a BAC of 0.05% or higher. Underage cases involve DMV consequences and court exposure, and the long-term impact can be significant. Visit underage DUI defense.

Key Takeaway: Underage drivers face alcohol-related driving consequences at lower BAC thresholds.

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29. Vehicle Code § 23136³⁴ – Zero Tolerance (0.01%)

Vehicle Code § 23136 is the zero-tolerance law for drivers under 21, allowing administrative action at very low BAC levels (0.01%+). These cases often move through the DMV process quickly and can affect driving privileges even if no DUI is filed in court.

Key Takeaway: Underage drivers can face license action at extremely low BAC readings through DMV procedures. Underage drivers can also be prosecuted for DUI under VC 23152 and VC 23153 if BAC exceeds legal limits.

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30. Post-Conviction Relief – Expungement & Record Sealing

After a DUI case is resolved, some people may qualify for relief options that can reduce the impact of a conviction or arrest record. Depending on eligibility and case posture, this can include DUI expungement and, in certain situations, record sealing under Penal Code § 851.91.

Key Takeaway: Post-case relief may be available, but eligibility depends on how the case resolved and your record history.

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About Richard Wagner – DUI Defense Attorney in Irvine

Richard Wagner has earned a reputation as an outstanding lawyer who has attained a high-degree of peer recognition. He is a former DUI prosecutor and founder of Criminal Defense Strike Force in Irvine. He represents clients throughout Orange County in first-time DUI, repeat DUI, felony DUI, drug DUI, and complex alcohol-related cases. His focus is on evidence review, lawful-stop challenges, and defense strategy tailored to the facts.

Learn more on his attorney profile or review case results.

Speak With an Orange County DUI Defense Attorney

If you were arrested in Irvine or anywhere in Orange County, consult an experienced Orange County DUI defense attorney as early as possible so deadlines and defenses can be evaluated.

Call 714-721-4423 for a confidential consultation.

AUTHORITIES

¹ Examples include “slurred speech”, “odor of alcoholic beverage or marijuana”, “red and watery eyes”, “flushed face” and “unsteady  gait.”

² California Vehicle Code Section 23152. Driving under the influence, subdivision (a), says, “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” “A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.” CALCRIM No. 2110. Driving Under the Influence (Veh. Code, § 23152(a), (f), (g)).

³ Horizontal Gaze Nystagmus, Walk-and Turn, One-Leg-Stand and the preliminary alcohol screening test are the most common field sobriety tests in California along with Finger-to-Nose, and the Modified Romberg test.

⁴ California Vehicle Code Section 23152. Driving under the influence, subdivision (b), says, “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”

⁵ California Vehicle Code Section 23152. Driving under the influence, subdivision (c), says, “It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”

⁶ California Vehicle Code Section 23152. Driving under the influence, subdivision (d), says, “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”

⁷ California Vehicle Code Section 23152. Driving under the influence, subdivision (e), says, “Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”

⁸ California Vehicle Code Section 23152. Driving under the influence, subdivision (f), says, “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” See Note 1, above, for definition of “driving under the influence.”

⁹ California Vehicle Code Section 23152. Driving under the influence, subdivision (g), says, “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” See Note 1, above for the definition of “driving under the influence.”

¹⁰ California Vehicle Code Section 23153 Unlawful Driving Under the Influence and Concurrent Act Or Neglect Proximately Causing Bodily Injury to Person Other Than Driver, subdivision (a), says, “It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.” See Note 1, above for the definition of “driving under the influence.”

¹¹ California Vehicle Code Section 23153 Unlawful Driving Under the Influence and Concurrent Act Or Neglect Proximately Causing Bodily Injury to Person Other Than Driver, subdivision (b), says, “It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.”

¹² California Vehicle Code Section 23153 Unlawful Driving Under the Influence and Concurrent Act Or Neglect Proximately Causing Bodily Injury to Person Other Than Driver, subdivision (f), says, “It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.” See Note 1, above for the definition of “driving under the influence.”

¹³ California Vehicle Code Section 23153 Unlawful Driving Under the Influence and Concurrent Act Or Neglect Proximately Causing Bodily Injury to Person Other Than Driver, subdivision(g), says, “It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.” See Note 1, above for the definition of “driving under the influence.”

¹⁴ California Vehicle Code Section 23103.3 Plea of Guilty Or Nolo Contendere, subdivision (a), says, “If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.”

¹⁵ California Vehicle Code Section 23612 subdivision (a)(1)(A) says, “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. VC Section 23612 subdivision (a)(1)(B), says, “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.”

¹⁶  California Vehicle Code Section 23612 subdivision (a)(1)(C), says, “The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153.”

¹⁷ California Vehicle Code Section 23612 subdivision (a)(1)(D), says, “The person shall be told that his or her failure to submit to, or the failure to complete, the required breath or urine testing will result in a fine and mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153. The person shall also be told that his or her failure to submit to, or the failure to complete, the required breath, blood, or urine tests will result in (i) the administrative suspension by the department of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the administrative revocation by the department of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the administrative revocation by the department of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations.

¹⁸ California Vehicle Code Section 23612 subdivision (a)(2)(A), says, “If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice.”

¹⁹ California Vehicle Code Section 23612 subdivision (a)(2)(B), says, “If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice.”

²⁰ California Vehicle Code Section 23612 subdivision (a)(3), says, “If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available.”

²¹ California Vehicle Code Section 23612 subdivision (a)(4), says, “The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law.”

²² California Vehicle Code Section 23612 subdivision (i), says, “If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol screening test.”

²³ California Vehicle Code Section 23612 subdivision (g)(1), says “The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest.”

²⁴ California Vehicle Code Section 13353.2 Immediate Suspension of Driving Privilege Due to Blood-Alcohol Concentration, says, “(a) The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons: (1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood. (2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test. (3) The person was driving a vehicle that requires a commercial driver’s license when the person had 0.04 percent or more, by weight, of alcohol in his or her blood. (4) The person was driving a motor vehicle when both of the following applied: (A) The person was on probation for a violation of Section 23152 or 23153. (B) The person had 0.01 percent or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test.”

²⁵ California Vehicle Code Section 23550 says, “(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 of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b)  A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.”

²⁶ California Vehicle Code Section 23550.5. Offense within specified time of prior violation, says, “(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 than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following: (1)  A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both. (2) A separate violation of Section 23153 that was punished as a felony. (3) A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony. (b) Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). (c)  The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department pursuant to paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.] (d) A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.”

²⁷ California Vehicle Code Section 23572 says, “(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 at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed: (1) If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed. (2) If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed. (3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.

²⁸ California Vehicle Code Section 14601.2(a), says, “A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.”

²⁹ California Vehicle Code Section 14601.5 (a), says, “A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation.”

³⁰ California Penal Code 191.5 says, “(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.” (b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

³¹ California Penal Code 191.5 (f), says “This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290.” California Penal Code 188(a)(2) says, “Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.”

³² California Vehicle Code Section 20001(a) says, “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”

³³ California Vehicle Code Section 23140, says, “(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 or her blood to drive a vehicle. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.”

³⁴ California Vehicle Code Section 23136 says, “(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 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law. (b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.”