What are the factors or elements of Driving with a BAC of 0.08% or Greater 23152(b)?
Under 23152(a) VC:
- 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
- 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the “felony DUI” provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of “vehicular manslaughter” where there is a death.
An offender of California’s DUI law may be facing the following punishments/penalties depending on whether he/she is a first time offender; whether the offense is charged as a misdemeanor or felony; the facts of the case; and the offender’s criminal history:
Misdemeanor charge: Offenses under this code section are typically charged as misdemeanors for the first, second, and third time DUI offenders. If that is the case, a defendant faces:
- A maximum jail sentence of 6 months in county jail
- A fine between $390 and $1,000
- A 6-month to 3-year driver’s license suspension
- Informal probation
- Installation of a California ignition interlock device “IID”
- Successful completion of a DUI program, the length of which varies depending on factors like your BAC at the time of arrest
Felony charge: If you have committed your fourth DUI offense within a 10-year period, or have committed a DUI causing injury pursuant to Vehicle Code Section 23153(b) — Driving With 0.08 Percent Blood Alcohol Causing Injury, you may face the following penalties:
- A maximum prison sentence of 3 years in state prison
- A 4-year driver’s license revocation
- Formal probation
- Designation by the DMV as a habitual traffic offender
How can we defend you against charges of California Penal Code 23152(b) VC Driving with a BAC of 0.08% or Greater?
Under California Vehicle Code Section 23152(b) it is illegal to drive while under the influence of alcohol with a blood alcohol content of 0.08% or higher.
There is a rebuttable presumption that if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving, that the person is guilty of DUI, whether or not the person was actually driving under the influence.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
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Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
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Please CLICK HERE to visit our dedicated page on DUI charges for more info.