Is proof of driving required for a DUI conviction under California Vehicle Code section 23152(a) or California Vehicle Code section 23152(b)

Yes. Basic to any California Vehicle Code section 23152 DUI  prosecution in the State of California, is proof of the specific act of driving while one is intoxicated.  California’s interpretation of its driving while intoxicated statute is strict. The California Supreme Court observed that:

. . . California is one of only six states that condition operation of its implied consent law on the act of “driving” (as opposed to “operating,” etc.) a vehicle.  And significantly, as explained below, California is one of only seven states that     confines the substantive offense of “drunk driving” to the act of “driving” a vehicle.

These attributes of our implied consent law, together and in combination, make our statute one of the narrowest, if not the narrowest in the nation.  (Mercer v. Department of Motor Vehicles (1991) 53 Cal. 3d 753, 761, 280 Cal. Rptr. 745, 809 P. 2d 404).

If you have been accused of a crime in Southern California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.