Elements of Drunk Driving
(Vehicle Code Sections 23152, 23153)
- The Person arrested for Drunk Driving (DUI) must actually be the one driving the car;
- 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.)
- the individual must have a blood alcohol level of 0.08% at the time of driving OR;
- the individual must be under the influence of some amount of alcohol which is effecting his driving OR;
- the individual must be under the influence of some drug or mind altering substance (to include prescribed medications) which effects his driving.
- A 1st time DUI usually does not include any jail time as long as there is no bodily injury;
- A 2nd time DUI (within 10 years of a first conviction) requires a minimum of 96 hours in jail but in Orange County most courts require between 30 and 90 days UNLESS a skillful attorney can qualify them for a program or home confinement.
- A 3rd time DUI (within 10 years of 2 prior convictions) requires a minimum of 120 days in jail but in Orange Count most people convicted of this crime do between 6 and 9 months in jail ALTHOUGH they may permitted to do their time in a program or on home confinement with a skillful attorney;
- A 4th time DUI (within 10 years of 3 prior convictions) requires a minimum of 180 days in jail but most people do a year in county jail or 16 months in state prison UNLESS they are placed in a program or home confinement.