The Law

First, it is important to realize that drinking and driving is one hundred percent legal, provided that you are over 21. Second, nearly everyone does it. Drinking and driving only becomes a crime in two circumstances. In California, an arrest for Driving under the Influence usually involves two charges: Vehicle Code Section 23152(a), which deals with impairment due to alcohol, drugs, or any combination thereof and Vehicle Code Section 23152(b), which concerns the legal limit for alcohol of .08%. Under both charges, the prosecution must prove that you were actually driving the vehicle, which can sometimes be impossible for them to do, depending on the circumstances. If you have been arrested for a DUI in Ventura County and feel that it cannot be proven that you were driving.