The court system uses CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol to prosecute drivers accused of drunk driving by police officers. California treats driving under the influence (DUI) charges seriously, with convictions resulting in many penalties.
You do not have to face DUI charges alone. At Los Angeles DUI Lawyer, we can give you more information about the California Vehicle Codes and explain the charges you’re facing. Our team can also connect you with a lawyer who will build a defense to help you take charge after an arrest. Turn to a legal resource with decades of experience.
Facts About California VC 23152 (A): Driving Under the Influence of Alcohol
California Vehicle Code § 23152 (a) prohibits individuals from driving under the influence of alcohol. Police officers can use this charge on any driver that they claim is impaired by alcohol, but generally, the police measure a driver’s blood alcohol content (BAC) levels before issuing this charge.
What’s the Legally Allowable BAC in California?
In California, non-commercial adult drivers cannot legally operate a vehicle with a BAC over .08%. These regulations vary for other drivers. For example, commercial drivers must maintain a BAC under .04% while working.
Drivers under the age of 21 cannot legally operate a vehicle with a BAC at or above .01% because of California’s zero-tolerance law.
Can You Face a DUI Arrest if You Have a BAC Under the Legal Limit?
The police can charge you with a DUI even if you have a BAC under .08% if they claim you displayed signs of intoxication. In the aftermath of an arrest, it’s crucial that you get professional help from a lawyer who can dispute the beliefs of the police.
Is Driving Under the Influence a Misdemeanor?
The court system in California treats most CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol as misdemeanors. However, you can face more serious felony charges in some situations involving drunk driving.
For example, drivers with multiple past DUIs on their record could face felony charges for a fourth arrest under CA Vehicle Code 23550 – Fourth or Subsequent Conviction Within Ten Years Arrest without a Warrant in DUI Cases.
Additionally, charges for CA Vehicle Code 23153 – Driving Under the Influence of Alcohol or Drugs Causing Injury can qualify as a felony. Drivers may also face felony charges if accused of a fatal drunk driving accident.
How to Resolve VC 23152(a) Charges
If you face charges for drunk driving under CA Vehicle Code §23152 (a), a lawyer may use several strategies to successfully handle the allegations. Depending on your situation, a criminal defense lawyer may focus on:
Getting the Charges Dropped
In some cases, the court will drop a DUI allegation, especially if your lawyer can show that the prosecution lacks evidence that you broke the law. The court may also drop your charges if your attorney can show that the police violated your rights.
A defense attorney can review your case for evidence that the police officers failed in their duties by:
- Committing misconduct
- Lacking probable cause to suspect DUI
- Stopping you improperly
- Violating your constitutional rights, such as failing to read your Miranda rights
You will not face any penalties if the court drops your DUI charges.
Getting Your DUI Charges Reduced
Your attorney may recommend accepting a plea bargain from the prosecution in some cases. DUI plea bargains can reduce the penalties you face, but they require you to admit guilt to a lesser charge, like CA Vehicle Code 23103.5 – Wet Reckless Driving.
An attorney will need to carefully review the terms of the deal to ensure that it represents your best choice before you make a verbal or written agreement to accept lesser charges.
Fighting a DUI Charge in Court
An attorney can get to work on a personalized defense if the police accuse you of driving after drinking an alcoholic beverage. Depending on your situation, your lawyer could argue that:
- The field sobriety test was inaccurate.
- You were not intoxicated at the time of the traffic stop.
- There were no signs of alcohol impairment during the stop.
- A medical condition caused you to drive erratically or have BAC levels above the legal limit of .08%.
After closely analyzing the evidence in your case, your criminal record, aggravating and mitigating factors, and the penalties you face, an attorney will explain how to best approach your defense for a misdemeanor offense or a felony offense. You can rely on a lawyer to help through all steps of the legal process.
Can You Get a Pretrial Diversion for a DUI Charge?
California allows some individuals accused of misdemeanor offenses to request a pretrial diversion that could enable them to avoid jail time and fines. Our state’s laws specifically disallow individuals facing DUI charges from seeking this type of resolution to their charges in most cases.
You can discuss the option with your lawyer to see if it applies in your situation, but you should know these diversions are generally not available for DUI arrests.
Services Provided by a DUI Lawyer
A criminal defense attorney can provide you with comprehensive assistance after an arrest under VC 23152(a). Depending on your situation, a lawyer can:
Explain Your Charges
You can rely on an attorney to explain the specifics of your DUI charge. A lawyer can also explain any additional charges you may face related to a DUI arrest, like reckless driving. It’s crucial that you work with a lawyer who has a deep understanding of California’s laws.
Protect Your Rights
You can rely on an attorney to fight for you after an arrest. You should wait for your lawyer to arrive before discussing your charges with the police. A lawyer can also focus on assessing the steps taken by the police when making an arrest.
Build Your Defense
You can rely on a lawyer to immediately get to work on a personalized defense after an arrest. You do not have to simply accept a VC 23152(a) charge, even if the police claim they have conclusive evidence.
Help with Your DMV Hearing
Drivers arrested under CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol can face an automatic license suspension for the Department of Motor Vehicles (DMV). You have a limited time after an arrest to request an administrative hearing to fight this suspension.
An attorney can explain how to request the hearing and represent you before the DMV, fighting to protect your driving privileges.
What “Under the Influence” Means in California’s Drunk Driving Law
BAC in a DUI case is not the only definition of impairment under CA Vehicle Code § 23152 (a). When looking at the law, “under the influence” should be taken literally. It means a person’s mental and/or physical abilities are impaired to the extent that they cannot operate a motor vehicle safely or with the same ability as a sober driver.
How Do the Police Measure Impairment?
Law enforcement officers in Southern California use various tools to measure one’s BAC levels before they seek drunk driving charges. They can test a breath sample using a breathalyzer or another device. They can also use a DUI blood test that measures how much ethyl alcohol is in the bloodstream.
A person’s blood alcohol concentration can support reasonable suspicion of alcohol use, but that’s not always the whole story when examining someone’s blood sample.
Additionally, the police may do other tests if they believe someone is driving under the combined influence of alcohol and drugs.
Can You Face Other DUI Charges?
If you are a non-commercial adult driver, and your measurable blood alcohol content level registers at .08% or higher, not only will you be charged with driving under the influence under CA Vehicle Code § 23152 (a), but you can also face driving with excessive BAC charges under California Vehicle Code § 23152(b).
For the prosecuting attorney to prove guilt beyond a reasonable doubt, they must show that you were responsible for driving the motor vehicle in question and that you were under the influence of alcohol and showing symptoms of intoxication at the time you were driving.
The Role of Circumstantial Evidence in VC § 23152 (a) Cases
Law enforcement officers can try to use circumstantial evidence to show you were under the influence of alcohol at the time of your stop. Examples of such evidence could include police officer testimony that they observed the following symptoms of intoxication before or during your traffic stop:
- Slurred speech
- Erratic driving patterns
- Bloodshot or watery eyes
They can also report other signs of DUI they noted during the traffic stop, such as:
- The smell of alcohol coming from your motor vehicle
- An uneven gait when asked to walk during a field sobriety test
- Failed your preliminary alcohol screening (PAS) test or field sobriety test
- Your admission that you were drinking and driving under the influence
Fortunately, you can work with a criminal defense lawyer to counter circumstantial evidence while building a defense to drunk driving allegations.
What Are the Penalties of a DUI Conviction Under CA VC § 23152(a)?
If the court convicts you of driving under the influence of alcohol under CA Vehicle Code § 23152 (a), the consequences can negatively affect your life. Even as a first-time offender, you could be looking at the following penalties. Defendants facing these drunk driving charges face the following:
- Up to six months of jail time
- A maximum of five years of summary probation
- Up to 90 hours of DUI school (a mandatory alcohol education program)
- Attendance at a Victim Impact Panel
- Up to $1,000 in fines
- A mandatory minimum six-month driver’s license suspension
- Installation of an ignition interlock device (IID)
An attorney can help you build a defense to avoid these harsh penalties.
Sentencing Enhancements for Repeat DUI Offenses
Repeat offenders will see harsher penalties for multiple DUIs. The time you spend in jail, on probation, and attending DUI school will increase with the number of DUI convictions you have. The size of the fines you must pay will also increase.
For example, if this is your third DUI, you could expect to have your license suspended for up to three years, spend a minimum of one year in county jail, and have an IID installed for up to two years.
You could also expect stricter penalties if aggravating factors are present. For example, if you had BAC levels of .15% or higher or if you violated California Vehicle Code § 23582 by speeding, you could expect more jail or prison time, higher fines, and more severe consequences in general.
How Can a DUI Conviction for Impaired Driving Affect Your Life?
The criminal consequences of a DUI conviction can severely affect your life right now. But it can also affect your future in ways you may not realize. Common collateral consequences you could be facing include:
- Citizenship and immigration troubles
- Being passed over for job opportunities and career advancement
- Been disqualified from Federal student aid eligibility
- Being denied housing
- Suspension or revocation of your professional licenses
- Difficulty maintaining relationships with family and friends
- A destroyed professional reputation
- Visitation and child custody issues
You can learn more about these penalties and how to handle them with help from an experienced criminal defense attorney.
Can You Expunge a Conviction Under VC § 23152 (a)?
Once you have completed the terms of your DUI sentencing, you may be eligible for expungement of your conviction. However, you must meet particular requirements. You can review your eligibility status and criteria when discussing your conviction with our team.
Additionally, your CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol conviction will still count as priorable if you face additional DUI charges after an expungement.
Learn More About DUI Charges Today
If the police charge you with drunk driving under CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol, you have options. Having a lawyer by your side can protect you as prosecutors review your case to determine how to make you pay for a DUI.
The team at Los Angeles DUI Lawyer can put you in contact with an attorney who will help you handle these charges with confidence. Don’t wait; reach out now for professional support.
