The law in California regarding DUI makes it illegal both to drive under the influence of alcohol and/or drugs, as well as, to drive with .08 percent alcohol in your blood. A person accused of violating one of these laws, may be charged and convicted of both, but not subject to separate punishment for each. There are also felony provisions under California law that relate to injuries sustained as a result of drinking and driving. Finally, if a person is killed due to drunk driving, the drunk driver may be charged under the vehicular manslaughter law.

There are various rights to which an accused drunk driver is entitled. One of these is the requirement of probable cause. Failure of the state to demonstrate probable cause for a stop or arrest, may be enough alone to have the charges dropped. This is a safeguard built-in to prevent law enforcement officers from making unreasonable arrests.

With regard to sobriety tests, individuals stopped for drunk driving cannot be forced to submit to field sobriety testing. It is important to note that there may be consequences for refusing to such testing.

Miranda warnings must also be issued in the event that law enforcement chooses to detain and question a stopped individual. These warnings provide the detained individual with notice of certain rights they have under the Constitution. These rights include the right not to answer police questions that may provide evidence against the arrested individual.

Testing cannot be forced on an individual. However, deciding not to take the tests may have significant legal consequences. That is why an individual arrested for DUI must be given notice of the potential consequences of refusing to participate in field sobriety or breath testing. They must also be allowed to get an objective test to use against the test results conducted by the police.