VC 23152(f) is a California Vehicle Code section that prohibits individuals from operating a vehicle while under the influence of drugs. Specifically, this section makes it illegal for a person to drive a vehicle while under the influence of any drug that impairs their ability to operate the vehicle safely.
The penalties for violating this law can include fines, license suspension, and even jail time, depending on the severity of the offense and whether the individual has prior DUI convictions.
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Is VC 23152(f) conviction a misdemeanor?
In most cases, a VC 23152(f) conviction is a misdemeanor. Misdemeanor sentences are typically less than 1 year in jail and/or less than $1,000 in fines.
However, there are some instances when you can be sentenced to more time behind bars or pay more fines. If you have a prior felony conviction (for example drug possession or assault).
Types Of VC Penalties
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VC 23152(f) Penalties include jail time which can range from 2 days to 6 months.
VC 23152(f) penalties include jail time which can range from 2 days to 6 months. The judge has the discretion to impose a jail sentence, fine, probation, or community service. The judge may also suspend your license for an additional period of time if you’ve been convicted of an offense under this section.
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VC 23152(f) penalties also include probation or informal probation.
- Formal probation. This is when you agree to follow the rules set by the judge or magistrate and pay fines, fees, and restitution for your crime. You may also be ordered to do community service work as part of your sentence.
- Informal probation. This type of penalty doesn’t require a court hearing and allows you to serve your sentence in part through community service activities that can be completed while on probation (or at other times).
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VC 23152(f) penalties can result in a suspended driver’s license for 1 year.
If you are convicted of VC 23152(f) and receive a suspended license, your driving privileges will be suspended for one year. This means that if you are caught driving with a suspended license again, the Department of Motor Vehicles (DMV) will issue a permanent revocation and revoke your driver’s license.
How to get back on the road again after a VC 23152(f) violation
Contact an attorney to help you file an appeal on your behalf at no cost to you; this could mean getting your driver’s license reinstated in less than 48 hours!
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VC 23152(f) penalties may also include DUI school, fines, and court fees.
If you are convicted of VC 23152(f), you may have to pay a fine. You may also have to pay court fees and take a class on the dangers of driving while high.
If you’re facing charges under VC 23152(f), don’t wait to reach out for help. Contact the Hallinan Law Firm today to schedule a consultation with Neil Hallinan. You can reach us by phone at (415) 837-3449, or by email at contact@hallinanlawfirm.com.
Other VC 23152 Punishment
VC 23152(a): Driving Under the Influence of Alcohol or Drugs.
The law defines driving under the influence as driving with a blood alcohol content (BAC) of 0.08% or higher or driving with any amount of drugs in their system that may impair their ability to drive safely.
If you are found guilty of VC 23152(a), your license will be suspended for two years from the date you were charged until it expires.
VC 23152(b): Driving with a Blood Alcohol Content (BAC) of 0.08% or Higher.
The legal definition of BAC is the amount of alcohol in your blood. It’s calculated by taking a sample and then multiplying it by 0.0134 (this is the same formula that police officers use). For example, if you have 80mg/dL of alcohol in your bloodstream after drinking three beers, then:
- 0.80 * 0.0134 = .086% or 860 mg/dL
- 3 ounces equals approximately 14 grams (0.7 ounces) so that means there are 14 grams of alcohol in this case; therefore, your BAC would be 0.086%.
VC 23152(c) DUI of Drugs.
As you may know, driving under the influence of drugs is a serious crime that can result in jail time. If you are convicted of this offense, the penalties will be harsher than those for a first-time DUI offender. The consequences include:
- A minimum fine of $2,500 and/or up to six months in jail
- License suspension (until your court date)
VC 23152(d) DUI of Alcohol for those under 21 years old.
The law prohibits driving with a BAC of 0.01% or higher. This means that if you have any amount of alcohol in your system, you are considered to be driving while under the influence of alcohol and/or drugs.
The law also prohibits driving while under 21 years old with any amount of alcohol in your system (even if it was only consumed by someone else).
At the Hallinan Law Firm, we’re committed to providing our clients with the highest level of legal representation. We know that facing criminal charges can be stressful and overwhelming, which is why we’re here to help ease the burden and fight for your rights.
Contact us today to schedule a consultation with attorney Neil Hallinan by calling (415) 837-3449 or emailing contact@hallinanlawfirm.com.