Driving under the influence (DUI) is typically defined as the act of operating a motor vehicle (and even a bicycle, boat or horse in some jurisdictions) after having consumed alcohol or other drugs, to the point that the individual’s mental and motor skills are so impaired that the individual is unable to operate a vehicle with the same caution and safety that a sober person would have, utilizing ordinary care and under similar circumstances. The DUI laws in Orange County are taken extremely seriously and therefore should be abided by at all times. If you have been accused of drinking while under the influence of alcohol, you should speak with our local DUI attorneys.

What are the Laws the Govern Drinking and Driving Offenses?

In the state of California DUI laws are governed by Vehicle Code 23152, which states;

  • (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 alcoholic beverage and drug, to drive a vehicle.
  • (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
  • (c) It is unlawful for any 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 any prosecution under these laws, it is a rebuttable, or arguable, 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 (.04 percent for drivers of a commercial motor vehicle) or more, by weight, of alcohol in his or her blood at the time a chemical test was performed within three hours after the driving.

Blood Alcohol Levels: Percent of alcohol, by weight, 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.

Speak with an Orange County Attorney who Could Help Explain the DUI Regulations

A DUI conviction can result in costly fines, driver’s license suspension, probation, court-mandated alcohol education programs, increased automobile insurance rates, mandatory installation of vehicle ignition interlock systems or other anti-alcohol devices, as well as jail time.

By law, if charged with suspicion of drinking and driving you are innocent until proven guilty in a court of law, and you retain the right to be defended by a knowledgeable defense lawyer or a court-appointed public defender. To learn more about the DUI laws in Orange County, call today.

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