California DUI Laws

Statistics for 2003 show that there were over 180,000 arrests for DUI during that year. Of that number, over 6,000 were felony arrests. More significantly, there were over 1,600 fatalities in the state as a result of drunk driving. California is working hard to reduce those numbers, which reflected a recent upswing after several years of fewer DUI arrests.

Simply put, the basic laws state that it is unlawful for anyone under the influence of either alcoholic beverages or drugs to drive a vehicle. Relating to blood alcohol content (BAC), California has determined that it is unlawful for any person to drive with a BAC of 0.08 percent by weight in the person's bloodstream. It is also unlawful for any person known to be addicted to any drug to ever drive a vehicle. In addition, for those who are driving commercial vehicles, the maximum BAC is 0.04 percent.

Sobriety Testing

While a DUI suspect may be asked to take any number of sobriety tests, either at the site of the arrest or at a police facility, he or she is not required by law to submit to testing. In general, most offenders do submit to the tests. At the scene, tests are generally confined to physical ability tests, such as walking a straight line. They can also include Breathalyzer tests.

When it comes to determining the BAC in a person's system, California law states that only a licensed physician, surgeon, registered nurse, duly licensed clinical nurse, or duly licensed paramedic can draw blood. A paramedic may draw blood at the scene at the request of a peace officer to determine blood alcohol level.