Driving under the influence

Driving under the influence or DUI also known as a deuce.

Elements

"[S]ection 23152 requires proof of volitional movement of a vehicle." (Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 769.) In Mercer, the Supreme Court compared California's DUI statute to other jurisdictions. California criminalizes "driving" as opposed to "operating". A person asleep and slumped over the driving wheel of an operable vehicle with the engine running is "operating," but not "driving" a car.

Prior convictions

Out-of-state priors

For sentencing purposes

An out-of-state prior is priorable if it had been committed in California, the out-of-state prior would have been considered a DUI. (Veh. Code, § 23626.) Note that many states punish merely "operating" a vehicle while California requires "driving," volitional movement. (Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 769.) For example, siting in the driver's seat with engine on but parked is operating a car, but not driving it.

For DMV purposes

For DMV purposes, for out-of-state priors to be priorable, they need only be substantially similar, and not exactly the same as a court would require. (Veh. Code, §§ 13363, subd. (b); 15023, subd. (c)). For example, a Colorado DUI law that punished driving impaired to the slightest degree was substantially similar to California's DUI law. (McDonald v. Department of Motor Vehicles (2000) 77 Cal.App.4th 677)

Tier One, 10+-years registration
Code	Crime	Notes
PC243.4(b) or (e)	Sexual battery
PC261(a)(1), (5), or (7)	Rape
Alabama	Alaska	Arizona		Arkansas	Colorado CO Denver Aug 1, 1876 5,607,154 104,094 269,601 103,642 268,431 452 1,170 7	Connecticut	Delaware DE Dover Wilmington Dec 7, 1787 961,939 2,489 6,446 1,949 5,047 540 1,399 1 Florida FL Tallahassee Jacksonville Mar 3, 1845 20,984,400 65,758 170,312 53,625 138,887 12,133 31,424 27 Georgia GA Atlanta Jan 2, 1788 10,429,379 59,425 153,910 57,513 148,959 1,912 4,951 14 Hawaii HI Honolulu Aug 21, 1959 1,427,538 10,932 28,313 6,423 16,635 4,509 11,678 2 Idaho ID Boise Jul 3, 1890 1,716,943 83,569 216,443 82,643 214,045 926 2,398 2 Illinois IL Springfield Chicago Dec 3, 1818 12,802,023 57,914 149,995 55,519 143,793 2,395 6,202 18 Indiana IN Indianapolis Dec 11, 1816 6,666,818 36,420 94,326 35,826 92,789 593 1,537 9 Iowa IA Des Moines Dec 28, 1846 3,145,711 56,273 145,746 55,857 144,669 416 1,077 4 Kansas KS Topeka Wichita Jan 29, 1861 2,913,123 82,278 213,100 81,759 211,754 520 1,346 4 Kentucky[E] KY Frankfort Louisville Jun 1, 1792 4,454,189 40,408 104,656 39,486 102,269 921 2,387 6 Louisiana LA Baton Rouge New Orleans Apr 30, 1812 4,684,333 52,378 135,659 43,204 111,898 9,174 23,761 6 Maine ME Augusta Portland Mar 15, 1820 1,335,907 35,380 91,633 30,843 79,883 4,537 11,750 2 Maryland MD Annapolis Baltimore Apr 28, 1788 6,052,177 12,406 32,131 9,707 25,142 2,699 6,990 8 Massachusetts[E] MA Boston Feb 6, 1788 6,859,819 10,554 27,336 7,800 20,202 2,754 7,134 9 Michigan MI Lansing Detroit Jan 26, 1837 9,962,311 96,714 250,487 56,539 146,435 40,175 104,052 14 Minnesota MN St. Paul Minneapolis May 11, 1858 5,576,606 86,936 225,163 79,627 206,232 7,309 18,930 8 Mississippi MS Jackson Dec 10, 1817 2,984,100 48,432 125,438 46,923 121,531 1,508 3,907 4 Missouri MO Jefferson City Kansas City Aug 10, 1821 6,113,532 69,707 180,540 68,742 178,040 965 2,501 8 Montana MT Helena Billings Nov 8, 1889 1,050,493 147,040 380,831 145,546 376,962 1,494 3,869 1 Nebraska NE Lincoln Omaha Mar 1, 1867 1,920,076 77,348 200,330 76,824 198,974 524 1,356 3 Nevada NV Carson City Las Vegas Oct 31, 1864 2,998,039 110,572 286,380 109,781 284,332 791 2,048 4 New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Driving under the influence on federal land Under the Assimilative Crimes Act, 18 U.S.C. § 13, state law is incorporated into federal law on federal land where there is not a federal law on point. (United States v. Carlson (1990) 900 F.2d 1346.) An important point to remember that for a federal DUI, like all out-of-state DUIs, if the client wishes to have California driving privileges restored, the client will need to complete the DUI classes as required by VC13352. It doesn't matter that the federal court didn't require it; the federal DUI is treated as if it were a California DUI, with all the conditions that attach. (Moomjian v. Zolin (1993) 12 Cal.App.4th 1606, 1613 [holding that a driver should have complied with California probation conditions for Georgia DUIs in order to have license re-instated].) National Park Service land DUIs on a National Park Service land are slightly different. There is an explicit federal offense under 36 CFR § 4.23 for DUI on National Park Service land. Like state DUI, there is a DUI count, 36 CFR § 4.23(a)(1), and a 0.08 per se count, 36 CFR § 4.23(a)(2). However, there are several important distinctions. First, the CFR criminalizes "operating or being in actual physical control of a motor vehicle," which covers a broader range of conduct than the Californian definition for driving, which is "volitional movement". (Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 769.) For example, siting in the driver's seat with engine on but parked is operating a car, but not driving it. Second, the CFR requires impairment that renders one "incapable of safe operation" while California only requires impairment "to an appreciable degree." The CFRs have an implied consent law. (36 CFR § 4.23(c).)