California Vehicle Code §42009
DUI in Highway Construction or Maintenance Zone
- For any offense specified in subdivision (b), committed by the driver of a vehicle within a highway construction or maintenance area, during any time when traffic is regulated or restricted through or around that area pursuant to Section 21367, when the highway construction or maintenance is actually being performed in the area by workers acting in their official capacity, the fine, in a misdemeanor case, shall be double the amount otherwise prescribed. In an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310
- A violation of any of the following provisions is an offense which is subject to subdivision (a):
- Section 21367, relating to regulation of traffic at a construction site.
- Article 3 (commencing with Section 21450) of Chapter 2 of Division 11, relating to obedience to traffic devices.
- Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing.
- Chapter 4 (commencing with Section 21800) of Division 11, relating to yielding the right-of-way.
- Chapter 6 (commencing with Section 22100) of Division 11, relating to turning and stopping and turn signals.
- Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits.
- Chapter 8 (commencing with Section 22450) of Division 11, relating to special traffic stops.
- Section 23103, relating to reckless driving.
- Section 23104, relating to reckless driving which results in bodily injury to another.
- Section 23109, relating to speed contests.
- Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating to alcohol-related reckless driving.
- Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another.
- Section 23220, relating to drinking while driving.
- Section 23221, relating to drinking in a motor vehicle while on the highway.
- Section 23222, relating to driving while possessing an open alcoholic beverage container.
- Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container.
- Section 23224, relating to being a driver or passenger under the age of 21 possessing an open alcoholic beverage container.
- Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container.
- Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container.
- This section applies only when construction or maintenance work is actually being performed by workers, and there are work zone traffic control devices, traffic controls or warning signs, or any combination of those, to notify motorists and pedestrians of construction or maintenance workers in the area.
“Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”- Less F.
“Thanks to Vincent Tucci, my son’s warrant was quashed, his two charges dismissed, and my son never had to appear in California!”- Paula H.
“He genuinely helps those who want and need it and cares deeply about his clients.”- Beth
Zealous, Individualized Representation for Your Case
Proven Successes in Trial, in Court & with the DMV
Certified in Alcohol Screening & Field Sobriety Testing
Southern California’s Most Respected DUI Attorney
Former President of the CA DUI Lawyers Association
Southern California’s Most Aggressive and Successful DUI Attorney