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Welcome to DUIESQ.com, your source for DUI laws and DUI lawyers in California .  Please feel free to browse through our site and contact us if we can assist you.

DUI Laws

The Law on Driving Under the Influence

The basis for DUI is found in the California Vehicle Code Section 23103.5 which reads as follows:

Wet Reckless or Reckless Driving Involving Alcohol:

  1. Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving;
  2. Any person who drives any vehicle in any off street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of person or property is guilty of reckless driving;
  3. Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five (5) days nor more than ninety (90) days or by a fine of not less than one hundred forty five dollars ($145) nor more than one thousand dollars ($1,000) or by both fine and imprisonment, except as provided in Section 23104.

 
While this is the main basis in law, this has been amended with Section 19, Chapter 739 of the statute made effective last January 1,2002, which reads as follows:

    1. Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to any person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.
    2. Any person convicted of reckless driving which proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23109, 23152 or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.

 
This amendment provides for applying the prior offense in the imposition of a higher penalty for the new offense committed under the penal statute.

In order to be fully apprised as to the application and effect of the California DUI statute, it is best to reach out to experts in the field. Call today the DUI Lawyers of the Law Offices of Ramiro J. Lluis for a free consultation today.