DCD Law

Have you been arrested or charged with a DUI under CA Vehicle Code section 23152(a)?

Call Los Angeles DUI lawyer Kevin Moghtanei for a free consultation today

In most DUI cases, the police will charge you with both CVC 23152(a) and 23152(b). While these are technically two separate crimes, you cannot be punished for both in California.

*CVC = California Vehicle Code

The Law

Here, we will discuss CVC 23152(a), which writes:

“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”

Elements: What Must Be Proven to Convict You

  1. You drove a motor vehicle
  2. You did so while under the infuence of an alcoholic beverage
Lets Take a Closer Look
Driving:
  • The prosecutor must prove that you were actually driving.
  • If a police officer pulls you over, this element of the crime is usually straightforward and easy to prove.
  • But there are instances where driving may not be so clear:
    • You may be asleep in a car pulled on the side of the road
    • You may be sitting in a car on the side of the road with the engine on (perhaps to use the heater)
    • You may have been in an accident and the police show up afterwards, and you’re standing outside next to a car
Under the Influence:
  • In court, you can be found “under the influence” if, as a result of drinking/ consuming an alcoholic beverage your mental or physical abilities were so impaired that you were no longer able to drive the car with the caution of a sober person, using ordinary care, under similar circumstances.
  • This basically means that you can be found “under the influence” if your ability to drive was impaired to the point that you could not drive the same as a sober person could.
Plea Bargaining in DUI Cases

A DUI charge does not automatically equate a DUI conviction. In many cases, a skilled defense attorney can negotiate down a 23152(a) DUI charge to one of the following:

  • “Wet reckless” – vehicle code section 23103 per 23101.5
  • “Dry reckless” – vehicle code section 23103
  • “Speed Ex” – vehicle code section 23109(c)
  •  Drunk in Public – penal code section 647(f)
  •  Drinking in a motor vehicle – vehicle code section 23221

I have a great deal of experience in handling 23152(a) DUI charges throughout San Fernando and Van Nuys, and greater Los Angeles County.

Contact me for a free consultation to discuss your DUI arrest and DUI charges.

 

DCD Law

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