In Los Angeles, operating a motor vehicle after consuming alcohol is considered a serious criminal offense. California can prosecute this act under California Vehicle Code Section 23152(a): Driving Under the Influence of Alcohol.
Law enforcement officers can arrest individuals on suspicion of drunk driving under this charge. Fortunately, a Los Angeles DUI lawyer can protect you from drunk driving charges.
You can learn more about the definition and penalties associated with VC 23152 from the criminal defense attorney in Los Angeles at the Simmrin Law Group. Find out more by calling or completing our online contact form.
Understanding VC 23152(a): Driving Under the Influence of Alcohol
Many believe you can only face charges for driving under the influence (DUI) if your blood alcohol concentration (BAC) is above 0.08. However, VC 23152(a) allows police officers to arrest individuals even if their BAC is below 0.08.
VC 23152(a) makes it illegal for any individual to operate a motor vehicle while under the influence of alcohol. This law applies even if a driver is below the legal limit of 0.08 BAC. Drivers may be charged under VC 23152(a) if:
- They were driving like they were intoxicated.
- The results of a chemical test are pending.
- They refused to comply with chemical testing.
All the prosecution needs to prove is that the defendant drove a motor vehicle and was under the influence of alcohol at the time, regardless of the driver’s actual blood alcohol level.
Drivers with a BAC above 0.08 may also face charges under California Vehicle Code Section 23152(b): Driving With a BAC of 0.08% or Greater.
Police officers often charge drivers with VC 23152(a) and VC 23152(b) after detecting a high blood alcohol concentration with a field sobriety test. You can learn more about drunk driving charges with a Los Angeles criminal defense lawyer.
For a free legal consultation with a ca vc §23152(a) lawyer serving California, call (310) 896-2723
Can You Face VC 23152(a) Charges at a Traffic Stop?
Generally, drivers face VC 23152(a) charges after being stopped by a police officer. Police officers may stop drivers who are violating different driving laws. Common examples of traffic violations that lead to DUI stops include:
- Speeding
- Reckless driving
- Equipment violations
Police officers should not stop drivers without any reason. After stopping a driver, a police officer may request that they complete field sobriety tests to check their physical abilities for the influence of drugs or alcohol.
Law enforcement officers may also ask drivers to complete a chemical test, such as the breathalyzer, to measure their blood alcohol level. The officers may also note symptoms of intoxication after performing a preliminary alcohol screening, resulting in drunk driving charges.
Can You Refuse a Chemical Test?
When an officer suspects a driver of DUI, they will likely request that the driver submit to a breathalyzer. However, there is no requirement for a driver to comply with this initial request for a preliminary alcohol screening unless they are under the age of 21 or have a prior DUI conviction.
After an arrest, though, things are different. Drivers can face additional charges if they refuse to take a chemical test after being arrested, as California has harsh drunk driving laws that require effective defense strategies to handle.
If you are facing a DUI charge in California, it is best to speak with an experienced criminal defense lawyer from Simmrin Law Group about your case. The longer you wait, the less time the lawyer has to build a strong defense against the charges filed against you.
California CA VC §23152(A) Lawyer Near Me (310) 896-2723
How the Prosecution Proves a Defendant Was Driving Under the Influence
While California VC Section 23152(b) primarily relies upon chemical testing of blood alcohol content to prove guilt, most of the evidence used to convict under VC Section 23152(a) is circumstantial. This evidence can include showing that the defendant:
- Was driving erratically
- Had slurred speech
- Had glassy or bloodshot eyes
- Smelled of alcohol
- Admitted to drinking alcohol
- Failed the field sobriety tests
Fortunately, experienced attorneys can help drivers stand up to these charges and the results of chemical testing, building defenses to protect clients from drunk driving charges.
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What Are the Penalties for a VC 23152(a) Conviction?
Drivers convicted under VC 23152(a) will face different penalties based on the number of their prior DUI convictions.
Penalties for a First-Time DUI Conviction
A first-time DUI conviction is usually a misdemeanor unless the offense resulted in significant property damage or an injury. Penalties that drivers may face for a first offense include:
- Summary probation of three to five years
- Fines of up to $2,000
- Jail time of up to six months
- DUI school for three to nine months
Loss of driving privileges for up to six months.
Penalties for a Second DUI Conviction
The Penalties for a second DUI conviction get much harsher. A second offense can result in the following:
- Summary probation of three to five years
- Fines of up to $2,500
- Jail Time up to one year
- Mandatory license suspension of up to two years
- DUI school for 18 to 30 months
Drivers may have to attend an alcohol education program.
Penalties for a Third DUI Conviction
Things get even worse after a third conviction, which can result in the following:
- Summary probation of three to five years
- Fines of up to $3,000
- Jail time for up to one year
- Mandatory license suspension of up to three years
- DUI school for 30 months
Many factors can increase the penalties for DUI further. Some aggravating circumstances that could lead to harsher penalties include:
- Speeding While Intoxicated
- Driving With a Child Under 14 in the Vehicle
- Causing Major Property Damage
- Causing an Injury
- Having a BAC of above 0.15%
A lawyer can help clients build a strong defense to handle a mandatory license suspension or jail time.
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Schedule a Hearing With the DMV
The Department of Motor Vehicles plays an essential role in DUI charges. Beyond the consequences you could face in court, any driver charged under VC 23152(a) must request a hearing with the DMV. Drivers have ten days after an arrest to request this hearing.
Drivers who do not request the hearing will face a mandatory license suspension. This suspension is not reliant upon a conviction and can occur before your criminal case goes to trial.
What Are Defenses for DUI Charges in Los Angeles?
Drivers accused under VC 23152(a) do not just have to accept the charges they are facing. Several defenses may be effective in a DUI case to show reasonable doubt that a driver broke the law. Common defenses include arguing that:
The Police Stopped You Without Probable Cause
Police officers are not permitted to stop drivers for no reason. If a lawyer can prove that a police officer did not have cause to stop you, it could allow us to suppress any evidence gathered against you.
You Were Not Impaired
VC 23152(a) does not require a driver to have a BAC above 0.08. It only states that a driver must be impaired. A lawyer may be able to argue that there was no evidence of any impairment when the police charged you with a DUI.
For this reason alone, it is vital that you reach out to a defense attorney as soon as possible after being arrested for suspicion of DUI in California.
How Do Lawyers Help with DUI Charges?
A lawyer can help with a felony or misdemeanor level office. Your lawyer may focus on securing a plea bargain that reduces time in county jail to informal probation, for example.
We may also get your charges dismissed if we can show that a police officer pulled you over without reasonable suspicion of a criminal act. We provide comprehensive legal services, starting with a free initial consultation. You can rely on our extensive experience after an arrest.
Get Help Understanding VC 23152(a) Today
Charges for California Vehicle Code Section 23152(a): Driving Under The Influence Of Alcohol can be difficult to handle alone. The professional DUI lawyers at the Simmrin Law Group can provide you with the help you need to address these charges.
Call or fill out our online contact form to learn more. We offer a free, no-obligation initial case evaluation so you can get legal advice when you need it.
Do not let the prosecutor or District Attorney saddle you with incorrect charges when you can fight with the help of an experienced defense attorney.
Call or text (310) 896-2723 or complete a Free Case Evaluation form