California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
Note: 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.
Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
For further information, visit the following sites:
California DUI Laws and Procedures
Helpful legal information from an 8-attorney California law firm practicing DUI defense exclusively.
Basic DUI Law
Verbatim presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152.
Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook "Drunk Driving Defense, 5th edition".
AAA Guide to California's DUI Laws
A good overview of the state's criminal and license suspension laws, from the Automobile Club of Southern California.
California Vehicle Code
Verbatim collection of sections of the Code which apply to drunk driving criminal and license suspension cases.
U.S. Supreme Court
Collection of the most significant decisions from the Court which have effected drunk driving cases; the opinions are presented in their entirety.