DUI Prosecution – california vehicle code 23152(a)

Driving under the influence Overview California Vehicle Code Section 23152

DUI laws in California are very serious crimes. Under California Vehicle Code Section 23152, driving under the influence of drugs or alcohol is a serious criminal offense. A DUI conviction may result in substantial jail time and severe fines and fees. Being arrested for a DUI is just the beginning of a long process. Other than the criminal case you will face, you must also answer to the Department of Motor Vehicles, who will attempt to suspend or revoke your driving privilege. It is important that you speak with a drunk driving defense lawyer if you are facing a DUI charge.

There are different types of DUIs. The most common DUI occurs when the drivers blood alcohol concentration (“BAC”) is at 0.08% or higher at the time of driving. [See California Vehicle Code Section 23152(b)]

A driver may still receive a DUI if his or her BAC is lower than 0.08%. California Vehicle Code Section 23152(a) states that it is unlawful for any person who is “under the influence” of any alcoholic beverage and/or drug to drive a vehicle. It does not say that the drivers BAC needs to be 0.08% or higher. A driver is considered “under the influence” for purposes of California Vehicle Code Section 23152(a) when his or her mental or physical abilities are so impaired by drugs and/or alcohol that he/she is no longer able to drive a vehicle with the same caution as a sober person using ordinary care under similar circumstances.

Another type of DUI offense is a DUI that causes an injury to another person. See California Vehicle Code Section 23153. The DUI penalties are severe, but the penalties will increase dramatically if the DUI caused an injury to another person.

Outside of your DUI case in court, you must also worry about the Department of Motor Vehicles (“DMV”) suspending your drivers license. After an arrest for DUI, the driver has only 10-days from the date of arrest to schedule a DMV Hearing to contest the suspension of his or her drivers license. A DMV hearing is an administrative process that is separate and distinct from the criminal charges. If you do not schedule a DMV hearing, your license will be suspended for a proscribed period of time, and you will waive your right to have a DMV hearing in the future.

If you or a loved one has been arrested for a DUI, it is critical that you speak with an experienced DUI attorney. At Wallin & Klarich, our DUI attorneys have over 30 years of experience in handling all types of DUIs. Our attorneys will aggressively fight to get the best possible result in your case. We understand that this is a stressful time. Our attorneys will always keep you updated with your case and provide you with the quality representation you deserve. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.