In my line of work, I regularly defend those accused of violating California Vehicle Codes 23152(a) and 23152(b). They are two vehicles codes which regulate DUIs (driving under the influence) in California.
I have defended thousands of people accused of violating these statutes in Los Angeles, Orange County, San Bernardino and Riverside, CA. If you are facing charges or considering seeking legal help, it is important that you understand these vehicle codes and what they refer to.
California Vehicle Code VC 23152(a): driving under the influence of any alcoholic beverage
VC 23152(a) makes it unlawful for individuals to operate a vehicle while under the influence of alcohol or drugs. This statute doesn't hinge on specific blood alcohol concentration (BAC) levels but rather focuses on impairment. If you're unable to drive with the caution of a sober person due to alcohol or drug consumption, you may be in violation of 23152(a).
The language of the statute is as follows:
23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
The focus on this sub-section is on impairment, rather than any objective measurement of, e.g., your blood alcohol level (often taken through a breathalizer).
California Vehicle Code VC 23152(b): per se limit
Complementing 23152(a), Penal Code 23152(b) addresses the offense of driving with a blood alcohol concentration (BAC) of 0.08% or higher.
The language of the statute is as follows:
(b)Â It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
This statute establishes a per se limit, wherein exceeding the prescribed BAC constitutes a DUI offense, regardless of impairment level. It's crucial to note that even if you feel capable of driving, surpassing the legal BAC limit renders you susceptible to charges under 23152(b).
What to do if you get a VC 23152(a) or VC23152(b) ticket and defenses
If stopped by the police, you may receive a ticket with a citation under VC 23152(a) or (b). In my expierence, the Police usually give out a ticket and charge you under both statutes but it is important to note that you can only be sentenced under one sub-section.
VC 23153 is a separate and more serious offence.
If you find yourself facing allegations under VC 23152(a) or (b), consider enlisting the support of a seasoned criminal defense attorney who specialises in DUIs. DUI attorneys well-versed in DUI defense strategies can scrutinize the circumstances of your arrest, challenge breathalyzer results, and pursue avenues for mitigating or dismissing charges, including defenses.
Some of the defenses that may apply include:
Your driving was not impaired;
The Police failed to follow proper protocol and/or failed to fulfil your rights;
The Police had no probable cause to stop your;
The Police used faulty equipment and/or unreliable 'field tests'.
If you have been given a DUI ticket, get in touch today for your free DUI lawyer consultation.
Comments