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DUI: Vehicle Code 23152

VC 23152(a) prohibits driving under the influence of alcohol or drugs. VC 23152(b) prohibits driving with a blood alcohol concentration of 0.08% or more. Most DUI cases charge both.

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What the prosecution has to prove

  • You drove a vehicle, and
  • You were under the influence, meaning your ability to drive safely was impaired (23152(a)), or your blood alcohol concentration was 0.08% or more (23152(b)).

First-offense penalties (VC 23536)

  • 96 hours to six months in county jail, with at least 48 hours continuous, and a fine of $390 to $1,000 plus penalty assessments.
  • Suspension of your license by the DMV.
  • Probation and a DUI program are common terms.
  • Penalties increase with priors, injury, or a high BAC.

The 10-day DMV deadline

A DUI arrest also starts a DMV case. You can request an Administrative Per Se hearing within 10 days of receiving the suspension notice (DMV APS fact sheet).

Common defenses

  • No lawful reason for the stop or the arrest.
  • Breath or blood testing problems: calibration, observation period, or sample handling.
  • Field sobriety tests affected by medical conditions, footwear, or the road surface.
  • Rising blood alcohol: your level at the time of driving may have been lower than at the test.

Talk to me before your first court date

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.

sources

  • Driving offenses→
  • DUI lawyer in Los Angeles County→
  • DUI lawyer in Orange County→

General information, not legal advice. Every case is different, and past results do not guarantee a future outcome.

Legal Lion

Criminal defense in Los Angeles County, Orange County, and Riverside County. Direct representation from Raja Rafay Shahid. Legal Lion was founded in 2020.

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