Driving under the influence (DUI) is a serious offense that carries significant legal, financial, and personal consequences. In California, Vehicle Code 23152(b) VC specifically addresses the crime of driving with a blood alcohol content (BAC) of 0.08% or higher. This blog will explore the details of 23152(b) VC, its legal implications, and what steps you should take if you are charged under this statute.
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23152(b) VC
Vehicle Code 23152(b) VC states: “It is unlawful for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle.” This law establishes a per se DUI offense, meaning that driving with a BAC of 0.08% or higher is illegal regardless of whether the driver shows signs of impairment.
Key Elements of 23152(b) VC
- Driving a Vehicle: The prosecution must prove that the defendant was driving. This involves demonstrating that the individual was in actual physical control of the vehicle.
- BAC of 0.08% or Higher: The prosecution must also prove that the driver’s BAC was 0.08% or higher at the time of driving. This is typically done through breathalyzer tests, blood tests, or urine tests.
Legal Process and Consequences
Arrest and Booking
If a law enforcement officer suspects you of driving under the influence, they will likely conduct a traffic stop. During the stop, the officer may ask you to perform field sobriety tests and take a breathalyzer test. If the breathalyzer test shows a BAC of 0.08% or higher, you will be arrested and taken to the police station for booking.
Court Proceedings
Once charged with a DUI under 23152(b) VC, you will have to appear in court. The court process includes an arraignment, where you will enter a plea, and potentially a trial, if you plead not guilty. During the trial, the prosecution must prove beyond a reasonable doubt that you were driving with a BAC of 0.08% or higher.
Penalties
Penalties for a DUI conviction under 23152(b) VC can be severe and may include:
– First Offense:
– Fines up to $1,000
– Jail time ranging from 48 hours to 6 months
– Probation for 3 to 5 years
– DUI school for 3 to 9 months
– License suspension for 6 months
– Second Offense:
– Increased fines
– Jail time ranging from 96 hours to 1 year
– Longer probation
– DUI school for 18 to 30 months
– License suspension for 2 years
– Third Offense:
– Substantial fines
– Jail time ranging from 120 days to 1 year
– DUI school for 30 months
– License suspension for 3 years
Defenses Against 23152(b) VC Charges
Faulty Breathalyzer Equipment:
Breathalyzer machines must be properly maintained and calibrated. If the machine used to measure your BAC was faulty, the results may be inaccurate.
Improper Testing Procedures:
Law enforcement officers must follow specific procedures when administering BAC tests. Any deviation from these procedures can result in inaccurate results, which may be challenged in court.
Rising BAC Defense:
Alcohol absorption takes time. If your BAC was below the legal limit while driving but increased by the time you were tested, this can be a valid defense.
Medical Conditions:
Certain medical conditions, such as acid reflux or diabetes, can affect BAC readings and mimic impairment.
What to Do If Charged with a DUI Under 23152(b) VC
Consult an Attorney:
Immediately contact a skilled DUI attorney who can help you navigate the legal process and build a strong defense.
Document Everything:
Keep detailed records of the incident, including your actions, interactions with law enforcement, and any witnesses.
Follow Legal Advice:
Adhere to your attorney’s guidance and attend all court dates. Failing to comply with court requirements can worsen your situation.
Hallinan Law Firm: Your Defense Against DUI Charges
If you are facing a DUI charge under 23152(b) VC, the experienced attorneys at Hallinan Law Firm are here to help. We specialize in DUI defense and understand the complexities of California DUI laws. Our team is dedicated to providing you with the best possible defense to protect your rights and your future.
Contact Us
For expert legal assistance, contact Hallinan Law Firm today:
– Phone: (415) 837-3449
– Email: Contact@HallinanLawFirm.com
Facing a DUI charge can be overwhelming, but you don’t have to navigate it alone. Reach out to Hallinan Law Firm at (415) 837-3449 or Contact@HallinanLawFirm.com for a consultation and let our experienced team fight for your rights.
Conclusion
Understanding 23152(b) VC is crucial for anyone who drives in California. Driving with a BAC of 0.08% or higher is a serious offense with lasting consequences. By knowing your rights, understanding the legal process, and seeking expert legal representation, you can effectively address a DUI charge and work towards the best possible outcome.