California Vehicle Code Section 23152(b) VC – Driving with a Blood Alcohol Level Above 0.08%

California Vehicle Code Section 23152(b) makes it unlawful for a person to drive a vehicle with a blood alcohol (BAC) level of 0.08% or more. Unlike vehicle code section 23152(a) where the prosecution has to prove that the person behind the wheel was under the influence of alcohol, under vehicle code 23152(b), the prosecution only needs to show that the defendant had a blood-alcohol level of 0.08% or more.

Once a person’s blood-alcohol level hits 0.08% or more, the person is guilty of violating vehicle code section 23152(b). The consequences for violating vehicle code section 23152(b) are identical to those of driving under the influence of alcohol. If convicted of driving with a BAC level of 0.08% or more, the defendant faces up to six months in county jail, suspension of his driver’s license, payment of a fine of up to $1,000, completion of DUI school, as well as completion of summary informal probation.

As such, to reduce the consequences that you face, you should contact an experienced DUI criminal defense attorney to represent you and keep you from going to jail and losing your driver’s license for a long period of time. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.

Text of California Vehicle Code Section 23152(b) VC – Driving with a BAC level of 0.08% or Above

According to Vehicle Code 23152(b), 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.” According to the text of this criminal statute, a person is per se guilty of a DUI if the prosecution can simply show that the defendant was operating a motor vehicle with a BAC level of 0.08% or more. Nothing more must be shown for the prosecution to convict the defendant of a DUI under this section. Even if you were not drunk when driving, if the prosecution proves that your BAC level was 0.08% or more, it will be able to convict you of a DUI.

In a nutshell, for the prosecution to convict the defendant of a DUI under this section it must prove the following two elements beyond a reasonable doubt:

  • The defendant was driving a vehicle
  • The defendant did so with a BAC level of 0.08% or more

Examples of a Violation of Vehicle Code 23152(b) VC

John was driving home from a house party his friend was throwing. While driving home, he was driving fine and not swerving. A police officer pulls him over and smells a slight odor of alcohol. The police officer gives Jeff a breathalyzer and the breathalyzer shows that Jeff has a BAC level of 0.09%. In this case, even though Jeff was not under the influence since he was driving fine, he can still be convicted of a DUI because he was driving with a BAC level of 0.08% or more. We would have the same result if Jeff’s BAC level was 0.08%.

Penalties for Driving with a Blood Alcohol Level of 0.08% or More

If the prosecution proves that a person was driving with a blood-alcohol level of 0.08% or more, he faces the following potential consequences:

  • Conviction of a misdemeanor offense
  • Imprisonment for up to six months in county jail
  • Payment of a fine of up to $1,000
  • Potential suspension of your driver’s license for up to six months
  • Enrollment in and completion of DUI School
  • Placement on informal summary probation for three to five years
  • Performance of community service
  • The potential loss of your job and/or professional license

Defenses to 23152(b) VC Charges

If you have been charged with violating VC 23152(b), there are a number of defenses that your attorney can make to defend you. Here are some of the defenses that your attorney may be able to make to defend you:

  • Challenging the accuracy of the blood alcohol testing
  • Arguing that the defendant’s BAC was below 0.08%
  • The breath sample you provided was tainted
  • The defendant suffered from Gerd, heartburn, or acid reflux contributing to a high BAC level
  • Blood alcohol testing equipment was faulty and/or not calibrated properly
  • The police officer collected evidence from the defendant in violation of his constitutional right to be free from unreasonable searches and seizures, and therefore, any evidence collected should not be used against the defendant

Suspension of Your Driver’s License

If you have been arrested for a DUI, the arresting officer may have confiscated your driver’s license, leaving you with a temporary pink license. This pink license is only good for thirty days from the date of your arrest. After the expiration of the 30-day period, your license will be suspended and remain suspended pending the outcome of your criminal case.

If you want to keep your driver’s license past the 30-day period, you must schedule an administrative DMV hearing to contest the suspension of your license within ten (10) days of your arrest. You must also win the DMV hearing to keep your license. If you fail to schedule your DMV hearing or you lose at the hearing, your driver’s license will be suspended pending the outcome of the criminal case against you.

So, to ensure that you keep your privilege to drive, you should contact an experienced Los Angeles DUI Defense Attorney to defend you and represent you at your criminal proceedings, as well as at the DMV hearing. That said, if you win the DMV hearing, you may be able to obtain a restricted driver’s license that will allow you to drive to and from work and school, so you’re not completely prohibited from driving.

Offenses Related to This Criminal Offense

  • Driving under the influence of Alcohol – VC Section 23152(a)
  • DUI causing injury – VC 23153
  • Wet reckless driving – VC 23103.5
  • Dry reckless driving – VC 23103
  • Exhibition of Speed – VC 23109

Driving Under the Influence of Alcohol vs Driving with a Blood Alcohol Level of 0.08% or Above

Driving under the influence of alcohol charges under vehicle code 23152(a) requires the prosecution to prove that the defendant was drunk driving and that his ability to drive a vehicle was impaired, meaning that he did not drive as well as would a sober person in his place. That said, vehicle code 23152(b) is easier to prove since the prosecution does not need to prove that the defendant’s ability to drive was impaired, rather, the prosecution need only show that the defendant was driving with a BAC Level of 0.08% or more. So, prosecutors often use to convict individuals drinking and driving.

Contact a Criminal Defense Attorney

If you have been charged with a DUI or driving with a blood-alcohol level of 0.08% or more, you should immediately contact an experienced criminal defense attorney to defend you and keep you from going to jail and losing your driver’s license for a very long period of time. Our DUI lawyers have the knowledge and experience to mitigate/reduce the potential consequences that you face.

Over the past decade, we have successfully represented thousands of clients, so if you choose to hire the DUI defense attorneys at The H Law Group, rest assured that your future is in great hands. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.

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