ShakaZulu
Contributor
Easy now Scuba Doggies.......in California, there is two charges to a DUI:
California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b):
23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. (this is where the DMV takes your license).
In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
I have no problem with arresting people for drinking and driving. Actually a lot of us has learned to do it pretty well over the years. I would just like for the state to put some of this money back into the public trnaportation system.
PS. Why does the DMV send out the little piece of paper, that indicates you can have 2 drinks in the first hour ect? It's illegal to operate a vehicle under the infuence. Hope to god a sober driver doesn's crash into you and someone dies, looks to my like they are promoting their own income?
California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b):
23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. (this is where the DMV takes your license).
In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
I have no problem with arresting people for drinking and driving. Actually a lot of us has learned to do it pretty well over the years. I would just like for the state to put some of this money back into the public trnaportation system.
PS. Why does the DMV send out the little piece of paper, that indicates you can have 2 drinks in the first hour ect? It's illegal to operate a vehicle under the infuence. Hope to god a sober driver doesn's crash into you and someone dies, looks to my like they are promoting their own income?
