In California, driving with a blood alcohol concentration (BAC) of 0.08% or higher is considered driving under the influence (DUI). However, under California Vehicle Code 23538(b)(2), if your BAC is 0.20% or above, the penalties become significantly more severe and may necessitate the need for a Los Angeles DUI lawyer.
Facing charges related to CA Vehicle Code 23538(b)(2) can have serious, long-lasting consequences. From steep fines and jail time to a suspended license, the stakes are high. That’s why it’s crucial to understand your legal rights and the potential defenses available if you find yourself in this situation. Los Angeles DUI Attorney has decades of experience and is available 24/7.
Overview of California Vehicle Code 23538(b)(2)
The state of California has vehicle code laws created by the California Office of Administrative Law to ensure public safety. Under VC 23538(b)(2), if you are found to have a BAC of 0.20 percent or higher while operating a vehicle, you will face enhanced penalties beyond the standard DUI charges.
This is considered an “aggravated DUI” due to the significantly elevated alcohol levels. The state of California has reported that over 25% of traffic fatalities are a result of drunk driving.
The rationale behind this law is that drivers with such high BAC levels pose an extreme threat to public safety and require more stringent punishment to deter future offenses.
Potential Penalties for a VC 23538(b)(2) Violation
If convicted under VC 23538(b)(2), you could face:
- A minimum of 120 days to a maximum of one year in county jail.
- A minimum fine of $390, plus penalty assessments that can total over $2,000.
- A minimum of a one-year driver’s license suspension.
- Possible ignition interlock device requirement for up to one year after license reinstatement.
- Formal probation of three to five years.
- Completion of a licensed alcohol and drug education program.
- Installation of an ignition interlock device in any vehicle owned or operated by the defendant.
- Possible enhanced penalties
Is a Plea Deal Available for a VC 23538(b)(2) Violation?
The possibility of a plea deal will depend on the specific circumstances of your case.
In some cases, a prosecutor may be willing to offer a plea deal to reduce the charges or sentencing, but this is not guaranteed. The availability and terms of a plea deal can depend on factors such as:
- The defendant’s prior criminal history
- The specifics of the current DUI offense (BAC level, aggravating factors, etc.)
- The strength of the prosecution’s evidence
- The defendant’s willingness to accept responsibility and participate in rehabilitation programs
Our experienced DUI defense attorney would be best suited to evaluate the details of your case and negotiate with the prosecutor on the possibility of a plea bargain. We can assess whether a plea deal may be an option and work to secure the most favorable outcome possible for your case.
Successful Defenses Against VC 23538(b)(2) Charges
While the penalties for a BAC above 0.20% under VC 23538(b)(2) are steep, there may be viable defenses available depending on the specifics of your case:
- Improper BAC Testing: We can challenge the accuracy and reliability of the BAC test results. Issues with the equipment, testing procedures, or chain of custody of the sample could all provide grounds to dispute the findings.
- Lack of Probable Cause: If the initial traffic stop that led to the DUI investigation was not supported by probable cause, we may be able to have the evidence suppressed on Fourth Amendment grounds.
- Medical Conditions: Certain health issues, such as diabetes or acid reflux, can cause artificially elevated BAC readings. We can present medical evidence to explain the anomalous test results.
- Mouth Alcohol: If you recently consumed alcohol right before the test, the presence of “mouth alcohol” could skew the BAC measurement. We can argue this temporary phenomenon led to the high reading.
The success of these defenses depends heavily on the circumstances of your case as well as the skill level of your DUI attorney in Los Angeles. This stresses the importance of vetting adequate legal help to retain for your case instead of attempting to defend yourself or allowing a public defender to represent you.
Your future deserves a legal subject matter professional with the capacity to find you viable DUI strategies.
Avoiding Penalties for VC 23538(b)(2) of Having a BAC Above 0.20 Percent
The best way to avoid the harsh penalties associated with a VC 23538(b)(2) violation is to never drive with a BAC of 0.20% or higher in the first place. Practice responsible alcohol consumption, utilize rideshare services or public transportation when needed, and never get behind the wheel if you’ve been drinking.
However, if you do find yourself facing these charges, it’s crucial to consult with an experienced LA DUI defense attorney right away. We can thoroughly review the details of your case, identify potential defenses, and work tirelessly to minimize the impact on your life.
Don’t face the consequences of a VC 23538(b)(2) violation alone. Contact us today for a free consultation to discuss your legal options.