Driving under the influence (DUI) is a dangerous act that can be harshly punished by the court system in California. One charged used to prosecute DUIs is California Vehicle Code Section 23152(b): Driving with a Blood Alcohol Content of 0.08 Percent or Higher.
You can find out what distinguishes VC 23152(b) from other DUI charges from the professionals at the Simmrin Law Group. Find out more about the results of a conviction for driving with a blood alcohol content of 0.08 percent or higher and learn about possible legal defenses.
Understanding the Definition of VC 23152(b)
Technically, anyone driving under the influence in California can be prosecuted under California Vehicle Code Section 23152(a): Driving Under the Influence Of Alcohol. VC 23152(b) deals specifically with individuals who operate a motor vehicle with a BAC of 0.08 or higher.
Generally, a driver’s BAC is measured by a police officer if they are pulled over while driving or if they are involved in a motor vehicle collision. If a driver’s BAC measures 0.08 or higher, they are considered to be driving under the influence.
Note that individuals cannot be charged under VC 23152(b) if they are under the influence of drugs. Instead, they would be charged under California Vehicle Code Section 23152(e): Driving Under The Influence Of Drugs.
Refusing a Chemical Test and VC 23152(b) Charges
Technically, drivers cannot be charged under VC 23152(b) if they refuse to take a chemical test for a police officer. However, refusing a chemical test can have serious consequences in some situations. The following individuals can face criminal charges if they refuse a chemical test:
- Drivers Under 21
- Drivers on Probation
- All Drivers Who Are Legally Arrested
The Department of Motor Vehicles (DMV) may also suspend a driver’s license if they refuse to submit to a legally ordered chemical test.
Note, also, that refusing a chemical test does not mean a driver will not face criminal charges. The court can still prosecute individuals for driving under the influence using VC 23152(a).
Go Over the Penalties for a VC 23152(b) Conviction
The penalties for a conviction under VC 23152(b) can be incredibly harsh. Drivers should also be aware that the penalties increase for subsequent DUI convictions. These legal penalties can include:
VC 23152(b) Fines:
- 1st Offense: Up to $2,000
- 2nd Offense: Up to $2,500
- 3rd Offense: Up to $3,000
VC 23152(b) Jail Time:
- 1st Offense: Up to 6 Months
- 2nd Offense: Up to 1 Year
- 3rd Offense: Up to 1 Year
VC 23152(b) License Suspension:
- 1st Offense: Up to 1 Year
- 2nd Offense: Up to 2 Years
- 3rd Offense: Up to 3 Years
Note that drivers convicted under VC 23152(b) must also complete alcohol treatment programs. The court may also require drivers to install an Ignition Interlock Device in their vehicles. This device measures a driver’s BAC before they are allowed to operate their vehicle.
The DMV and VC 23152(b) Charges
The California DMV plays an important role in all DUI charges, including those tied to VC 23152(b). Drivers who are charged with a DUI for driving with a blood alcohol content of 0.08 percent or higher will need to request a hearing with the DMV within 10 days of an arrest.
The DMV can automatically suspend an individual’s driver’s license if this hearing is not requested. This suspension can occur even if a driver beats any criminal charges they are facing.
It is very important that any driver accused of a VC 23152(b) violation contacts the DMV immediately. Drivers can reach out to a criminal defense lawyer in Los Angeles to get help handling both the DMV and the criminal charges they are facing after a DUI arrest.
Fighting Charges Under VC 23152(b)
There are legal defenses that can be used if a driver is charged with driving with a blood alcohol content of 0.08 percent or higher. A criminal defense lawyer may be able to argue:
You Were Stopped Without Probable Cause
Police officers should only stop drivers if they have legitimate reason to believe they are driving under the influence. A lawyer may be able to suppress evidence if you were stopped without probable cause.
The Results of Your Chemical Test Were Flawed
The chemical tests used to measure BAC are not perfect. In fact, these tests can return faulty results with startling frequency. A lawyer could prove that your testing device incorrectly reported your BAC as above the legal limit.
Getting Help Beating a VC 23152(a) Charge
A conviction under California Vehicle Code Section 23152(b): Driving with a Blood Alcohol Content of 0.08 Percent or Higher can haunt a driver for years to come. Fortunately, help is available today from the Simmrin Law Group. Contact us today to learn more about how we can help. Call (310) 997-4688 or fill out our online contact form now.
We can offer you a FREE consultation if you are facing DUI charges.