Elements of Drunk Driving

(Vehicle Code Sections 23152, 23153)

  1. The Person arrested for Drunk Driving (DUI) must actually be the one driving the car;
  2. the car must be moving while the person is driving the car intoxicated (if the keys are in the ignition and engine on that is not enough for this element- the wheels of the car must actually move to prove this crime.)
  3. the individual must have a blood alcohol level of 0.08% at the time of driving OR;
  4. the individual must be under the influence of some amount of alcohol which is effecting his driving OR;
  5. the individual must be under the influence of some drug or mind altering substance (to include prescribed medications) which effects his driving.

Penalties of Drunk Driving