California Drunk Driving Laws

California's penal code is as complicated as that of any other state, and laws related to drunk driving can be very confusing to anyone not familiar with legal jargon. The simplest version of the state's DUI law states that it is a misdemeanor to drive a motor vehicle while under the influence of either alcohol or drugs and that it is also a misdemeanor to drive with .08 percent or more of alcohol in your blood. It is also unlawful for any person who is addicted to a drug to drive a vehicle.

If the driver is under 18, his or her license will be revoked at least until the driver reaches his or her 18th birthday or up to one year. There are also a number of statutes related to driving a commercial vehicle while under the influence and a specific statute prohibiting all drivers and passengers from drinking in a motor vehicle. In addition, being in possession of illegal drugs in a motor vehicle also constitutes at least a misdemeanor.

Complex Laws Related to DUI

Depending on the nature of the observed behavior, there is a California law that allows for the driver's vehicle to be impounded, even on a first offense, for up to six months. If there are subsequent offenses, a driver's vehicle may be impounded for up to one year at a judge's discretion. If the vehicle is the sole transportation for a family, the judge may decide not to impound the vehicle.

The penalties for DUI convictions increase dramatically when there is an accident, especially if there are injuries or death resulting. These penalties can include incarceration for up to 10 years in a state prison. The major element in the length of jail time is whether the driver is accused of gross negligence and whether the driver has had other DUI convictions. In the case of vehicular manslaughter with gross negligence by a driver with previous DUI convictions, incarceration may be 15 years to life in a state prison.