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California DUI Laws

California DUI laws are complicated. A person arrested for driving under the influence is usually charged with two criminal offenses. The first DUI criminal offense is for driving under the influence in violation of Vehicle Code Section 23152, subdivision (a). The second DUI criminal offense is for driving with a blood alcohol level of 0.08 percent or greater in violation of Vehicle Code Section 23152, subdivision (b).

In some Alameda County driving under the influence cases, the DUI charge may be reduced to Reckless Driving with Alcohol Involved in violation of Vehicle Code Section 23103.5. This is sometimes referred to as a wet reckless. Some California Highway Patrol Officers refer to this reduction as wet and reckless. Reckless Driving with Alcohol Involved carries a reduced penalty in the Alameda County criminal court.

In rare cases, an Alameda County DUI arrest will be reduced to Reckless Driving in violation of Vehicle Code Section 23103. However, this usually occurs shortly before trial as a compromise by the Alameda County District Attorney if there is some proof problem. Reckless Driving carries a reduced penalty in the Alameda County criminal court.

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Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

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    Dave

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