CA Vehicle Code 23152(a) and (b) VC - Misdemeanor DUI
Driving under the influence (DUI) in California is typically a serious violation under Vehicle Code 23152, but it is generally prosecuted as a misdemeanor unless there are aggravating factors.
It's essential to recognize that even a misdemeanor DUI in California can result in harsh DUI penalties such as hefty fines, probation, license suspension, required DUI education, and possibly jail time. This highlights how serious the offense is and its potential effects on your life.
Vehicle Code 23152(a) in California bans driving under the influence of alcohol. Importantly, a conviction can occur even if your BAC is below 0.08%. The key consideration is whether you are too intoxicated to drive safely, highlighting the importance of exercising caution.
What Does VC 23152 Say?
VC 23152(a) says, "It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle."
California Vehicle Code 23152(b) establishes that driving with a BAC of 0.08% or higher is a per se violation. Generally, DUI offenses are misdemeanors, and the associated penalties become harsher with each subsequent conviction.
VC 23152(b) says, "It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle."
In simple terms, VC 23152(b) forbids driving with a BAC of 0.08% or higher. It doesn't matter if you have a high alcohol tolerance or if you are driving safely without seeming intoxicated.
The elements of this crime are outlined in CALCRIM 2111. To convict you of violating 23152(b) VC, prosecutors must demonstrate beyond a reasonable doubt that you were driving a vehicle and that your BAC was 0.08% or higher by weight.
Most misdemeanor DUI cases are prosecuted under VC 23152(a), VC 23152(b), or both.
CA Vehicle Code 23152(a) VC
VC 23152(a) prohibits driving under the influence of alcohol or drugs. Knowing your legal defenses, such as challenging the accuracy of sobriety tests or BAC results, can be crucial for your case.
This section is relevant regardless of a person's BAC level, meaning law enforcement can arrest someone for DUI simply if they show typical signs of impairment, like reckless driving, slurred speech, or failing sobriety tests.
In simple terms, this law is relevant when your physical or mental abilities are impaired to a degree that prevents you from driving as safely as a cautious, sober individual.
After each DUI arrest, you're required to undergo a breathalyzer or blood test to determine your BAC. The legal process, including court dates and potential hearings, typically unfolds over several months, so understanding this timeline can help you plan accordingly.
What is Circumstantial Evidence?
Prosecutors often rely on circumstantial evidence to prove that you were driving under the influence of alcohol. Usually, police reports will state that you exhibited certain behaviors, such as:
- We're weaving or driving unpredictably.
- Had an alcohol odor.
- Speech was slurred.
- Had eyes that appeared glassy, watery, or bloodshot.
- Walked unsteadily, exhibiting an uneven gait.
- Admitted to consuming alcohol.
- Failed both the PAS test and the field sobriety tests.
California prosecutors must prove beyond a reasonable doubt the two elements specified in the jury instructions.
- You operated a motor vehicle, and
- You were intoxicated when you drove.
CA Vehicle Code 23152(b) VC
Vehicle Code 23152(b) emphasizes a measurable level of intoxication, banning drivers from operating a vehicle with a BAC of 0.08% or higher. Even without visible signs of impairment, a driver can be charged under this law if chemical test results indicate they exceed this legal limit.
This "per se" DUI law streamlines prosecution by focusing only on BAC evidence. However, both statutes are frequently charged together because they cover different facets of DUI conduct. As a result, a defendant can be accused under both laws for the same incident.
To demonstrate blood alcohol content, prosecutors usually depend on the results of:
- The optional preliminary alcohol screening (PAS), a roadside breath test given before any arrest, and
- The required breath or blood test you must take after your arrest.
Prosecutors do not require circumstantial evidence, like erratic driving or slurred speech, to prove you were intoxicated. It's important to recognize that sober individuals can also have a BAC above the legal limit.
As a DUI suspect in California, you will usually face charges not only for DUI per se under 23152(b) VC but also for drunk driving under 23152(a) VC, meaning driving under the influence is a criminal offense even if your BAC is within legal limits.
When Is a DUI Considered a Felony?
Most DUI offenses in California are classified as misdemeanors. However, prior convictions, especially multiple offenses, can elevate your charge to a felony DUI, leading to more severe penalties and longer-lasting consequences.
- This marks your fourth DUI (or "wet reckless") violation within a decade;
- You have previously been convicted of a felony DUI, or
- No one was injured or killed in the incident.
Felony DUI can lead to much higher fines and longer prison sentences if you're convicted.
Penalties for a Misdemeanor DUI
A misdemeanor DUI conviction can lead to various penalties, which may increase with aggravating factors like refusing a chemical test or having a very high BAC. For first, second, or third offenses, penalties may include:
- Probation: Misdemeanor DUI offenders usually serve informal probation instead of jail, with durations typically ranging from three to five years.
- Jail Time: A first offense may result in up to six months in county jail, with subsequent offenses potentially leading to up to one year in jail.
- Fines: Offenders could be subject to fines and court fees.
- Alcohol Programs: Mandatory alcohol and drug education classes are often required to enroll and complete.
- DL Suspension: The Department of Motor Vehicles (DMV) is essential in DUI cases because it suspends or restricts the defendant's driving privileges for a minimum of 6 months on a first offense, with longer bans for later offenses.
- Ignition Interlock Device (IID): Courts can mandate IID installation, especially for repeat offenders. An IID acts as a breathalyzer for your vehicle, preventing it from starting unless the driver gives a clean breath sample. Before driving, the driver must blow into the device, and if alcohol is present, the car will not start.
What are Aggravating Factors?
Several factors can increase the penalties for a misdemeanor DUI conviction, such as:
- High BAC levels (e.g., 0.15% or above).
- Endangering minors, such as transporting passengers under 14 in the vehicle.
- Reckless driving, including excessive speeding.
- Refusing to undergo chemical testing.
Each of these situations can result in harsher sentencing, including higher fines or longer imprisonment.
What Are the Common Defenses?
When charged with a misdemeanor DUI, defendants can explore various defenses. An experienced Los Angeles DUI lawyer will assess your case details to craft the most effective defense strategy. Typical defenses include:
- Probable Cause: Law enforcement officers are required to have a legitimate reason to initiate a vehicle stop. If they conduct the stop without probable cause to believe a traffic violation occurred, any evidence collected after the stop could be excluded.
- Procedural Errors: Arresting officers must follow specific legal procedures during a DUI investigation and arrest. Errors such as incorrectly administering breath tests or failing to inform the suspect of their rights can undermine the prosecution's case.
- Chemical Testing: Breathalyzer and blood test results can be disputed if there are issues such as faulty calibration of equipment, mishandling.
- Not Impaired: Signs indicating perceived impairment might have other explanations, like fatigue, illness, or anxiety. This defense often requires expert testimony to challenge an officer's observations.
For more information, contact the Hedding Law Firm in Los Angeles.