Anyone arrested for driving under the influence of alcohol, drugs or both
is charged with violating Vehicle Code Section 23152(a), (e), (f), commonly
referred to as the DUI count and is prosecuted for a misdemeanor. An attempt
to drive while under the influence is included. It is no defense that
the driving occurred on private property. If the arrestee submitted to
a blood alcohol test and the results show a blood alcohol content of 0.08
percent or more, the arrestee will also be charged with violating Vehicle
Code section 23152(b) commonly called the 0.08 per se count. Some jurisdictions
will charge a violation despite a result less than 0.08 on the basis that
at the time of driving the BAC was equal to or greater than 0.08. A first
dui will result in a one year suspension of a commerical license and a
second dui will result in a lifetime suspension of the commerical license
regardless of whether the dui offense occured while working.
Driving while addicted to a drug is a potential criminal charge. Illegally
or negligently causing bodily injury to others while dui is a potential
criminal charge. This is a wobbler meaning it is chargeable at the prosecution
agency's discretion as either a misdemanor or a felony. Child Endangerment
if a child was in the vehicle is a potential criminal charge. Driving
with 0.01 or great BAC if on probation for a dui related offense is a
potential criminal charge and will trigger an adminstrative hearing and
possible suspension of a driver license. The prosecution may charge a
felony when three drunk driving priors and the current drunk driving charge
have been accumulated within 10 years as determined by the date of the
offense. A dui that results in a homicide may lead to prosecution under
Vehicular Manslaughter charge, a wobbler, when death resulted from criminal
negligence. Vehicular Manslaughter with gross negligence may be charged
which is a felony when death results from criminal negligence or Second
Degree Murder may be charged which is a felony with an indeterminate life
sentence when the defendant acted with implied malice.