VC 23152(a) California DUI Law 909.913.3138 Free Consultation VC 23152(a)

DUI Law: California Vehicle Code Section 23152(a), or VC 23252(a)

The criminal charge of driving under the influence of alcohol or drugs (DUI) is found at California Vehicle Code Section 23152(a), or simply VC 23152(a). There are many criminal charges associated with California DUI charges. These charges include: VC 23152(a), 23152(b), VC 23153(a), VC 23153(b), VC 23105.5, VC 23140, and PC 191.5 (Penal Code).

As stated, the most common criminal charge for DUI is found at VC 23152(a). According to VC 23152(a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Notice that the words "0.08% or more" is not included in the language of VC 23152(a). Many California drivers believe that if their Blood Alcohol Concentration (BAC) is less than 0.08% while driving that they cannot be charged with a California DUI. However, as stated, under VC 23152(a), even if the defendant's BAC is less than 0.08%, he or she may still be charged with DUI if any measurable amount of alcohol or drugs has influenced the driver's ability to safely operate a vehicle.

In fact, when the driver's BAC is found to be 0.08% or more, the driver will be charged with VC 2315(a) in addition to VC 23152(b), the DUI 0.08% charge. This is why a driver cited for DUI in California will usually see at least two charges written on their citation: VC 23152(a), and VC 23152(b).

The penalties for DUI under VC 23152(a) are no less harsh than the penalties for the better known DUI charge of VC 23152(b) [The 0.08% BAC charge]. These penalties include some or all of the following for a first time offense without accident: Jail terms up to 180 days in jail, license suspension, probation terms, fines, insurance rate hikes, mandatory DUI class attendance, installation of Interlock Ignition devices (IIDs), possible immigration consequences (for non-U.S. citizens), professional license suspension or revocation, and more.  

For DUI charges of VC 23152(a), where prior DUIs are alleged to have been committed by the defendant, the penalties can be very severe. In fact, a charge of VC 23152(a) may be charged as a felony. For more information on DUI charges under VC 23152(a) with prior DUI convictions, or where injury has occurred, contact a California DUI attorney.

The only penalty that is not associated with DUI VC 23152(a) charges are those associated with the Department of Motor Vehicles (DMV) Administration Per Se (Admin Per Se) hearings. What these means is that the DMV license suspension hearing concerns DUIs where the driver is found to have a BAC of 0.08% or more only.  If the only charge the defendant is facing is a DUI charge of VC 23152(a), as a misdemeanor, then the DMV will not hold a separate hearing to determine whether or not the defendant may keep his or her driver's license. However, if the defendant is ultimately convicted in DUI court of the charge of VC 23152(a), then the DMV will likely suspend the driver's license for six months on a first time DUI charge.

For example: If the driver is charged with DUI under VC 23152(b), the 0.08% charge, the driver will face both a DMV hearing and a DUI criminal charge. If he or she loses the DMV hearing and is ultimately convicted under VC 23152(b) in criminal court, he or she will likely lose his or her license for a total of ten months, as opposed to six months for a conviction under VC 23152(a).

It may be possible to reduce a DUI charge under VC 23152(a). It may also be possible to reduce the sentence or penalties associated with a DUI charge under VC 23152(a).

To learn more about a California DUI charged under VC 23152(a), contact a San Bernardino DUI attorney today. There is no charge to speak to a qualified DUI attorney and our office is available for advice 24/7.

We offer advice on all California DUI charges, including VC 23152(a), in San Bernardino County, including the cities of Redlands, Rialto, Fontana, Rancho Cucamonga, Yucaipa, Victorville, Mentone, Ontario, Riverside, and more.

Call Today! 909.913.3138 or visit a DUI attorney at ChristopherDoradoLaw.com or Criminal Defense Attorney to learn more about criminal defense in general.