California has implemented and formulated certain laws pertaining to driving under the influence of alcohol or drugs. The following information is related to laws and penalties for DWI/DUI in California.

California DWI/DUI Laws

• Any person driving under the influence of alcohol or drug is against the law
• Any person having 0.08% or more, by weight, of alcohol in the blood is not liable to drive
• The state of California forbids driving for any person driving under the influence of any kind of illicit drug or alcohol
• Any person having 0.04% or more by weight of alcohol in the blood cannot drive a commercial vehicle in the state of California

California Secretary of State and Driving Laws

• Section 23152 of CA law says if a person is under the direct or combined influence of any alcoholic beverage or drug, they are not permitted to drive in the state.
• If 0.08% of alcohol is found in the blood of a person while doing a chemical test within three hours of driving, that person is not allowed to drive any vehicle
• If a person is participating in a narcotic treatment program, they can drive a vehicle if permitted by the Secretary of State of California

DWI Penalties in California

Penalties for drunk driving are incredibly complex in the state of California. If you have a conviction for driving with a BAC of 0.08% or more within the past ten years, you will bear a minimum jail sentence. Two or three priors within the last ten years will result in felony charges and state prison time. If the blood alcohol content in your body is 0.15% or higher, the state of California imposes a longer sentence. Also, if you refuse the chemical testing, you are subject to an increased jail term as per the administrative suspension for refusal.

Driving in excess of a specified speed or recklessly with a BAC measuring .08% or more leaves you subject to punishable laws. The state of California may impose enhancement of the punishment depending on the seriousness of the situation.

If you are under the influence of alcohol or drugs and have a minor passenger under the age of fourteen in the vehicle, California imposes increased penalties for the person.

The state of California also imposes stricter laws in case of injuries or accidents caused by a person driving under the influence of alcohol or drugs. The existence of property damage or personal injury may trigger to a more serious sentence. Also there are jurisdictions in the state that elevate the offense of personal injury to felony status.

The number of accidents caused by drivers who were driving under the influence of alcohol has decreased. This is due by and large to the public awareness of the dangers of driving while being intoxicated. However, despite all the public awareness campaigns, educational programs and other drunk driving warnings, many people are still choosing to get behind the wheel of their vehicle while intoxicated. During weekends and holidays, drunk driving fatalities are on the rise. If you plan to drink, do not drive. Rather assign a designated driver or call a taxi or relative to pick you up. Play it Safe!

Ignoring the Warnings

According to the Center for Disease Control and Prevention, motor vehicle wrecks are the leading cause of death in the United States; an alarming 40 percent or more are due to alcohol related. Law enforcement agencies across the nation are now issuing stiffer penalties to drunk driving violators, in the hope that this will deter people from driving while intoxicated.

How Dangerous is Drinking and Driving

You do not have to be totally drunk for your reflexes to be impaired. A buzz is all it takes to impair your reaction time. So to be safe rather than sorry, it is recommended that you don’t operate a vehicle while your driving is impaired. A driver with the blood alcohol concentration (BAC) of 0.10 or greater is more likely to be involved in a fatal motor vehicle accident than a driver who has not consumed any alcohol. The higher the blood alcohol concentration level is, the greater the risk of being in a fatal motor vehicle accident.

Legal Level

A person with a blood alcohol level of .08 is considered to be legally intoxicated. According to the National Highway Traffic Safety Administration, “A motor vehicle crash is considered to be alcohol-related if at least one driver or non-occupant (such as a pedestrian or pedal cyclist) involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dl) or higher.”


All 50 states and Puerto Rico have now implemented the two statutory offenses to driving while under the influence of alcohol. The first offense is driving under the influence (DUI), operating a motor vehicle while impaired or intoxicated (OWI), or driving while intoxicated or impaired (DWI). The outcome is determined by a police officer’s observations based on slurred speech, unusual driving behavior or the sobriety test.
The second statutory offense is called “illegal per se”. Illegal per se is driving with a blood alcohol concentration (BAC) of 0.08 percent or higher

A few facts about driving under the influence of alcohol

• The National Survey on Drug Use and Health reports, in 2002 and 2003, 21 percent of persons aged 16 to 20 reported that they had driven in the past year while under the influence of alcohol or illicit drugs.
• And in 2003, approximately 4 percent of persons who reported driving under the influence (DUI) in the past year had been arrested and booked for DUI in the past year.
• In 2004 approximately 17,000 people in the United States died of alcohol-related auto accidents.
• In the United States, around 1.4 million drivers were arrested for driving while under the influence of alcohol or drugs.

Using a DUI stimulator, health educators can now give student a realistic taste of what it is like to drive while drunk. The special go-carts that are used to conduct this will test delayed the reaction of the gas pedals and brake and exaggerate the response time of the steering wheel. This test makes the student more aware of how even a small buzz can impair their reflexes, thus causing a slower reaction time to emergency situations.

In Tallahassee, Florida alone, there are over 17,000 people killed each year due to drunk driving or narcotics. In the United States, approximately 1.4 million Americans are arrested for driving under the influence of alcohol. In most cases, some drunk drivers get a ticket or end up loosing their license, while others end up with steeper consequences.

“Can a high-tech go-cart called SIDNE, help to make these drivers think twice before taking the wheel while drunk? “


I’m not sure this is the answer but what college students are finding out by testing out this high-tech go-cart, SIDNE, is the feeling of not being in total control while driving under the influence of alcohol. At least for some, it may be a deterrent for drunk driving.

What is SIDNE?

Simulated Impaired Driving Experience (SIDNE) is the newest tool in the fight against drunk driving. SINDNE is a remote device that controls when the person who is driving is sober or impaired. It gives person behind the wheel first hand experience and awareness about what it is like to drive while intoxicated and lose total control. SIDNE is currently being used by health educators and law enforcement to teach high school students about the consequences and dangers of drunk driving. Across the country, local driving schools use SIDNE to help people make smarter decisions that will probably save their life or the life of an innocent bystander.

How much is too much?

You do not have to be totally drunk to be impaired. A buzz is all it takes to impair your reaction time. So, to be safe rather than sorry, it is recommended that you don’t operate a vehicle while your driving is impaired.

Legal Level

A person with a blood alcohol level of .08% is considered to be legally intoxicated. According to the National Highway Traffic Safety Administration, “A motor vehicle crash is considered to be alcohol-related if at least one driver or non-occupant (such as a pedestrian or pedal cyclist) involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dl) or higher.” Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.


All 50 sates and Puerto Rico has now implemented the two statutory offenses to driving while under the influence of alcohol. The first statutory offense is driving under the influence (DUI), operating a motor vehicle while impaired or intoxicated (OWI) or driving while intoxicated or impaired (DWI). The outcome is determined by a police officer’s observations based on slurred speech, unusual driving behavior or the sobriety test.


The second statutory offense is called “illegal per se”. Illegal per se is driving with a blood alcohol concentration of 0.08% or higher.

A few facts about driving under the influence of alcohol

• The National Survey on Drug Use and Health reports, in 2002 and 2003, 21 percent of persons aged 16 to 20 reported that they had driven in the past year while under the influence of alcohol or illicit drugs.
• And in 2003, approximately 4% percent of persons who reported driving under the influence (DUI) in the past year had been arrested and booked for DUI in the past year.
• In 2004 approximately 17,000 people in the United States died of alcohol-related auto accidents.
• In the United States, around 1.4 million drivers were arrested for driving while under the influence of alcohol or drugs.