DUI in California – Vehicle Code 23152(b): Driving With BAC of .08% or Higher
Have you been arrested or charged with a DUI under CA Vehicle Code section 23152(b)?
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
Here, we will discuss CVC 23152(b), which writes:
“It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
Elements: What Must Be Proven to Convict You
- You drove a motor vehicle
- At the time of driving, you had 0.08% or more, by weight, of alcohol in your blood
Lets Take a Closer Look
- 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
BAC of 0.08% or More While Driving:
- The prosecutor must prove beyond a reasonable doubt that at the time of driving, your BAC was 0.08% or higher.
- This basically means that your BAC can be 0.08% or higher before or after driving.
- The sole focus is whether your BAC was 0.08% or higher at the time of driving.
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(b) 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(b) 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.
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