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California Vehicle Code 23152 | Driving Under the Influence of Alcohol or Drugs

Posted in California Law,DUI on June 4, 2024

California Vehicle Code 23152 is the state’s primary DUI law that prohibits driving under the influence of alcohol or drugs. A conviction for this crime can result in incarceration, fines, and collateral consequences that can affect your life for years to come. If you have been charged with DUI in California, contact an experienced Riverside DUI lawyer at the Law Offices of Graham Donath, APC for immediate legal assistance.

What Is Driving Under the Influence of Alcohol or Drugs?

California Vehicle Code 23152 defines the criminal offense of driving under the influence of alcohol or drugs. Under this law, it is illegal to drive a vehicle while you are under the influence of drugs or alcohol. Specifically, it is illegal to operate a motor vehicle if you have a blood alcohol content (BAC) of 0.08% or more or 0.04% or more if you are a CDL driver. However, you can face criminal charges even if your BAC is below this amount if it is established you were under the influence of alcohol, you had any concentration of drugs in your system, or you were under the combined influence of alcohol or drugs while driving.

Penalties for Driving Under the Influence of Alcohol or Drugs

If you are convicted of driving under the influence of alcohol or drugs, you can face many serious consequences. The potential penalties depend on your BAC, the county where you were arrested, and your prior history. Potential penalties include:

First Time Offense

  • Misdemeanor offense
  • 48 hours to six months in jail
  • Fines up to $1,000
  • Six months driver’s license suspension
  • DUI school
  • Attendance at a Victim Impact Panel
  • Three to five years’ summary probation

Second Offense within Ten Years

  • Misdemeanor offense
  • 96 hours to one year in jail
  • Fines up to $1,000, plus penalty assessments
  • Two years driver’s license suspension
  • 18-month or 30-month DUI school
  • Three to five years’ summary probation

Third Offense within Ten Years

  • Misdemeanor offense
  • 120 days to one year in jail
  • Minimum 30 days in jail if the judge grants probation and orders 30-month DUI school
  • Fines up to $1,000, plus penalty assessments
  • Three years driver’s license suspension
  • 30-month DUI school
  • Three to five years’ summary probation

These penalties can be heightened when aggravating circumstances are present, such as having a BAC of 0.15% or more or having a child under 14 in the vehicle.

An experienced criminal defense attorney will try to help you avoid these penalties. They may be able to argue for a work release or house arrest instead of jail time or negotiate a wet reckless charge instead of a DUI conviction.

Contact an Experienced DUI Lawyer for Help Today

If you have been charged under California Vehicle Code 23152, your freedom is at stake. Take the first step to protecting your rights by contacting an experienced Riverside criminal defense attorney. We can investigate your case, review the charges against you, and build an effective defense strategy based on your case. Call us today at (951) 667-5293 to arrange a free, confidential consultation.