Vehicle Code VC 23152

VC 23152(a)

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

VC 23152(b)

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Note re VC 23152(a)

This law has given the police a lot of power as they can arrest and have someone charged with a DUI based simply on their opinion. If the officer thinks in his opinion you are under the influence of alcohol or a drug you can be charged with a DUI even if your breath or blood result is under .08 and you can be charged with a DUI even if you refused to take a breath or blood test.  See Can I be under the limit and still get a DUI? for more detail.