What Exactly Is a DUI?

By: Wallin & Klarich

So you have heard about DUI’s but do no know exactly what they entail? Hopefully, this blog will serve as a quick reference guide to DUI’s.
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The acronym DUI stands for Driving Under the Influence. It can refer to a person driving a motor vehicle while under the influence of alcohol, drugs, or some other controlled substance. Moreover, sometimes a DUI may also be referred to as a “deuce” or a DWI, which stands for Driving While Intoxicated.

The basic code section for a DUI is found in the California Vehicle Code (CVC.) CVC 23152(a) states that it is unlawful for any person to drive a vehicle who is under the influence of any alcoholic beverage or drug. CVC 23152(b) states that it is unlawful for any person to drive a vehicle who has 0.08 percent or more, by weight, of alcohol in his or her blood. As you can see, section (a) deals with alcohol or drugs, while section (b) deal with just alcohol. When citing an individual for an alcohol related DUI, the arresting agency will almost always cite him or her for both sections (a) and (b). Thus, do not be surprised to see both CVC 23152(a) and CVC 23152(b) on your citation, if you ever get arrested for an alcohol related DUI.

CVC 23103 and CVC 23103.5 deal with driving recklessly involving either drugs or alcohol. This is also referred to as a “Wet Reckless”. A “Wet Reckless” is still technically considered a DUI. However, the benefit of a “Wet Reckless” is that the Court will not move to suspend you driver’s license (although the DMV will probably still move to suspend the license in a separate action).

This has been a very brief introduction into a DUI. There are several other variations of a DUI, but what I have discussed is the basics.
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If you ever are arrested on suspicion of a DUI give Wallin and Klarich a call and fell confident in knowing that Wallin and Klarich has over 30 years experience in helping people just like you in defending DUI’s!

Posted In: DUI & Drunk Driving