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.
Many believe you can only be charged with driving under the influence (DUI) if your blood alcohol content (BAC) is above 0.08. VC 23152(a) allows police officers to arrest individuals even if their BAC is below 0.08.
You can learn more about the definition and penalties associated with VC 23152 from the legal professionals at the Simmrin Law Group. It is a crime to drive a motor vehicle under the influence of alcohol in California.
Understanding VC 23152(a): Driving Under the Influence of Alcohol
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.
Drivers with a BAC above 0.08 may also be charged 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 BAC.
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Traffic Stops and VC 23152(a)
Generally, drivers are charged with VC 23152(a) after being stopped by a police officer. Police officers may stop drivers that are violating different driving laws. Common examples of traffic violations that lead to DUI stops include:
- Speeding
- Reckless driving
- Equipment violations
Drivers should not be stopped without any reason. Once a driver has been stopped, a police officer may request that they complete field sobriety tests. Drivers may also be asked to complete a chemical test, such as the breathalyzer.
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Refusing a Chemical Test
When an officer suspects a driver of DUI, they will likely request that the driver submits to a breathalyzer. However, there is no requirement for a driver to comply with this initial request unless they are under the age of 21 or have a prior DUI conviction.
After an arrest has already been made, though, things are different. Drivers can face additional charges if they refuse to submit to a blood or breath test after being arrested. Depending on the circumstances surrounding a DUI arrest, a driver could also be charged with the following:
- California Vehicle Code Section 23103: Dry Reckless
- California Vehicle Code Section 23103/23103.5: Wet Reckless
- California Vehicle Code Section 23140: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent
- California Vehicle Code Section 23153: DUI with Injury
If you are facing a DUI charge in California, it is in your best interest 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.
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How the Prosecution Proves A Defendant Was Driving Under the Influence
While California VC Section 23152(b) primarily relies upon chemical testing 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
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Penalties for a VC 23152(a) Conviction
Drivers convicted under VC 23152(a) will be subjected to 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 major 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
- License suspension for up to six months
- DUI school for three to nine 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
- License suspension of up to two years
- DUI school for 18 to 30 months
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
- 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%
Schedule a Hearing With the DMV
The Department of Motor Vehicles plays an important 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 that do not request the hearing will have their licenses automatically revoked. This suspension is not reliant upon a conviction and can occur before your criminal case even goes to trial.
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. A criminal defense lawyer in Los Angeles may be able to build a defense by arguing several points. Below are the two most common arguments used to fight VC 23152(a).
You Were Stopped 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 any evidence gathered against you to be suppressed.
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 you were charged 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.
Get Help Understanding VC 23152(a) Today
Charges under 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