Operating a motor vehicle while impaired by alcohol or drugs is a serious offense in California. The court system uses a number of different charges to prosecute different forms of impairment. California Vehicle Code Section 23152(g): Driving Under the Combined Influence of Alcohol and Drugs charges are used when a driver uses both alcohol and drugs before getting behind the wheel.
You can find out more about driving under the influence (DUI) charges in California right here with the Simmrin Law Group. This article also deals specifically with VC 23152(g) charges, the results of a conviction, and possible legal defenses for DUI accusations.
The Definition of Driving Under the Combined Influence of Alcohol and Drugs
VC 23152(g) is one of many different charges used to prosecute DUIs in California. Drivers should only be charged under VC 23152(g) if they:
- Consume an Alcoholic Beverage.
- Use a Chemical Substance That Impairs Driving Ability.
- Subsequently Operate a Motor Vehicle.
Note that any chemical substance that impairs a driver’s ability to safely operate a vehicle can lead to VC 23152(g) charges. This includes certain prescription medications – like sleep aids – and illicit substances.
Other Charges Used to Prosecute DUIs in California
We mentioned that there were many different DUI charges in California. Many of these charges deal specifically with driving a vehicle under the influence of alcohol, including:
- California Vehicle Code Section 23136: Under 21 DUI with Any Measurable Amount of Alcohol.
- California Vehicle Code Section 23140: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent.
- California Vehicle Code Section 23152(a): Driving Under The Influence Of Alcohol.
- California Vehicle Code Section 23152(b): Driving With A Blood Alcohol Content Of 0.08 Percent Or Higher.
Drivers can also face specific charges for driving a vehicle under the influence of chemical substances, such as:
- California Vehicle Code Section 23152(c): Driving While Addicted.
- California Vehicle Code Section 23152(f): Driving Under the Influence of Drugs.
VC 23152(g) is unique as a charge used to prosecute drivers who used both alcohol and drugs before they got behind the wheel of their vehicle.
Consider the Penalties for a VC 23152(g) Conviction
DUIs are generally prosecuted very harshly in the state of California. Driving under the combined influence of alcohol and drugs is no exception to this rule. A first-time conviction can lead to fines, incarceration, and a driver’s license suspension.
Additionally, as with other DUI charges, drivers will face increased penalties for subsequent VC 23152(g) convictions. Note that DUI charges are interconnected in the court system. Any DUI conviction can serve as a prior conviction if a driver is pulled over for subsequent offense.
You should also be aware that, in most cases, drivers charged with driving under the influence of drugs are not eligible for California’s drug diversions program. This means it can be more difficult to avoid jail time for drivers charged under VC 23152(g).
Go Over Defenses for VC 23152(g) Accusations
You do not have to just accept VC 23152(g) charges in the state of California. You can start building a defense to these accusations right away by reaching out to a Los Angeles criminal defense lawyer. Your lawyer can work aggressively to show that:
You Were Stopped Without Reasonable Cause
Law enforcement officers in California are not legally allowed to stop drivers just because they feel like it. They must have reasonable cause to conduct a traffic stop. If you were stopped without a good reason, the charges against you could be dropped.
You Were Not Operating a Vehicle Under the Influence of Drugs
Police officers sometimes believe that drivers in California are under the influence of drugs when they are sober. If you were sick, nervous, or tired, a police officer could mistakenly assume that you were operating your vehicle under the influence of drugs.
You Were Not Under the Influence of Alcohol
A lawyer can also argue that you did not consume dangerous amounts of alcohol before driving. This defense can apply even if you took a blood alcohol content (BAC) test after being pulled over. These tests frequently result in false positives that your lawyer can dispute.
Stand Up to VC 23152(g) Charges with a Legal Professional
California Vehicle Code Section 23152(g): Driving Under the Combined Influence of Alcohol and Drugs charges can be challenging to handle on your own. Fortunately, you can get the help you need by contacting the Simmrin Law Group today. Find out how we can help you by completing our online contact form or calling 310-997-4688.
Our criminal defense lawyers in Los Angeles can start working on your case today with a FREE case evaluation.