Driving under the influence (DUI) is not just a violation, but a grave offense in California under Vehicle Code 23152. It is a serious crime that is typically charged as a misdemeanor, carrying significant penalties such as fines, probation, license suspension, mandatory DUI classes, and the possibility of jail time. This is a matter of utmost seriousness that demands your full attention and understanding of the potential consequences.
California Vehicle Code 23152(a) strictly and unequivocally prohibits any form of driving under the influence of alcohol. This law does not tolerate any form of intoxication, and you can be convicted even if your BAC is below 0.08%. The only factor that matters is whether you are too intoxicated to operate a vehicle safely. This strictness underscores the need for utmost caution and compliance, making it crucial to adhere to the law at all times.
VC 23152(a) and (b) clearly define the legal standards for driving under the influence. '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.' These are the legal standards you need to be aware of to navigate the legal system effectively.
Related law, California Vehicle Code 23152(b) VC makes it illegal to drive a motor vehicle with a BAC at or above 0.08% automatically (per se). 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 other words, VC 23152(b) prohibits driving with a BAC (blood alcohol concentration) of at least 0.08%. It does not matter if you have a high alcohol tolerance and are driving safely without being impaired by alcohol.
The elements of the crime are defined under CALCRIM 2111. To be convicted, prosecutors must prove beyond a reasonable doubt that you were driving an automobile and that you had a BAC of 0.08% or greater by weight. Most misdemeanor DUIs are prosecuted as violations of VC 23152(a), VC 23152(b), or both.
Vehicle Code 23152(a) VC
Vehicle Code 23152(a) makes it illegal to operate a vehicle while under the influence of alcohol or drugs. Authorities define being under the influence as having impaired physical or mental abilities to the extent that you cannot exercise the caution typical of a sober person under similar circumstances.
This law applies regardless of your BAC level, which means police can arrest you for DUI solely based on whether you display signs of impairment, such as:
- Erratic driving,
- Slurred speech, or
- Failing field sobriety tests.
In other words, this law applies when your physical or mental abilities are impaired to the extent that you can no longer drive as safely as a cautious, sober person.
After every DUI arrest, you must submit to a breathalyzer or blood test to measure your BAC. This is known as 'implied consent'. If you refuse to take the test, you could face additional penalties, such as an automatic license suspension. It's important to note that you can still be convicted of DUI even if the alcohol test results are within the legal limit of less than 0.08%.
Circumstantial Evidence
Prosecutors depend on circumstantial evidence to show that you were driving impaired by alcohol. The police will typically report that:
- You were driving erratically.
- Smelled of alcohol.
- Had slurred speech.
- Had glassy, watery, or bloodshot eyes.
- Admitted to drinking.
- Failed the PAS test and field sobriety tests.
Prosecutors must prove beyond a reasonable doubt these two elements of the jury instructions:
- You drove a motor vehicle, and
- You were under the influence of alcohol at the time you drove.
Vehicle Code 23152(b) VC
Vehicle Code 23152(b) focuses on a quantifiable standard of intoxication. It prohibits driving with a BAC of 0.08% or higher. If chemical test results show you exceed this legal limit, you can be charged under this provision even if there are no visible signs of impairment.
This 'per se' DUI statute simplifies prosecution, relying solely on BAC evidence. 'Per se' means 'by itself' in Latin, and in the context of DUI, it refers to the legal standard that prohibits driving with a BAC of 0.08% or higher. This means that if your BAC is at or above 0.08%, you can be charged with DUI even if you show no other signs of impairment. Both statutes are typically charged together, as they cover different aspects of a DUI. Thus, you may face dual allegations for the same incident.
To prove blood alcohol content, prosecutors rely on the results of:
- The optional preliminary alcohol screening (PAS). This is a roadside breath test administered before any arrest.
- The mandatory evidentiary breath test or evidentiary blood test you take after your arrest.
Prosecutors do not need any circumstantial evidence, such as erratic driving or slurred speech, to show that you were drunk.
As noted above, you typically face charges for not only DUI per se under 23152(b) VC but also drunk driving under 23152(a) VC, making driving under the influence a crime even if your BAC is legal.
When Is DUI a Felony Crime?
Most DUI offenses in California are misdemeanors, but prosecutors may escalate your charge to a DUI felony offense if any of the following are true:
- It is your fourth DUI offense within 10 years.
- You have a prior felony DUI conviction, or
- If someone was injured or killed as a result of the incident.
Felony DUI will result in significantly higher fines and prison time if you are convicted.
Misdemeanor DUI Penalties in CA
A misdemeanor DUI conviction carries a range of penalties, which can escalate depending on aggravating factors, such as a refusal to submit to a chemical test or a particularly high BAC level. However, standard penalties include the following, each of which can significantly impact your life:
- Probation lasting three to five years. You often serve informal probation rather than jail time.
- Jail time of up to six months in county jail, while subsequent offenses include up to a year.
- Fines and fees, including court-related fees.
- Alcohol programs, such as mandatory enrollment and completion of alcohol and drug education classes, are common requirements.
- Driver's license suspension by the Department of Motor Vehicles (DMV) that includes a suspension of your driving privileges for at least 6 months on a first offense, with longer suspensions for subsequent offenses. The DMV also has the authority to suspend your license if you refuse to take a chemical test or if your BAC is above the legal limit. The DMV's role in DUI cases is to administratively suspend or revoke the driver's license of individuals who are arrested for DUI and fail or refuse a chemical test. This means that even if you are not convicted in court, the DMV can still suspend your license based on the results of the chemical test or your refusal to take the test.
- Installation of an Ignition Interlock Device (IID) for repeat offenders. This device is a breathalyzer for your car that prevents the vehicle from starting unless the driver provides a clean breath test. The driver must blow into the device before starting the car. The IID is a measure to prevent repeat offenses and is often required for a certain period after a DUI conviction.
What are Aggravating Factors?
Some factors can enhance the penalties for a misdemeanor DUI conviction, including the following:
- Excessive BAC levels (0.15% or higher).
- Endangerment of minors (passengers under 14 in the vehicle).
- Reckless driving, such as excessive speeding.
- Refusal to submit to chemical testing.
Each of these circumstances can increase sentencing, leading to additional financial penalties or extended jail time.
Common Defenses for a DUI
When facing DUI charges, a skilled DUI defense lawyer will evaluate the circumstances of your case to develop a defense strategy most suitable to your situation. Common defenses include:
- Lack of probable cause. Police must have a valid reason to stop a vehicle. If the stop was made without probable cause, such as a traffic violation, the evidence gathered after the stop may be suppressed.
- Procedural errors. Police must follow specific legal protocols during a DUI investigation and arrest. Improper administration of breath tests or failure to advise the suspect of their rights can weaken the case.
- Challenging chemical testing results. Breathalyzer and blood tests can be challenged due to faulty equipment calibration, improper handling of evidence, or medical conditions that may have modified the results.
- You were not impaired. Common signs of perceived impairment might have alternative explanations, such as fatigue, illness, or anxiety.
For more information, contact our Los Angeles DUI lawyers, the Hedding Law Firm.
Related Content:
