Driving under the influence (DUI) is a serious offense in California, and if you're arrested for it, you could face harsh penalties. One of the most common charges for DUI is California Vehicle Code Section 23152(b), which makes it illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. If you've been arrested for a DUI in Los Angeles County and charged with VC 23152(b), it's essential to understand what it means and how it could impact your case. In this guide, we'll break down the key points of VC 23152(b), including its definition, penalties, and possible defenses, and we'll also provide you with tips on finding the best DUI lawyer in Los Angeles County to help you fight your charges.
Definition of VC 23152(b)
VC 23152(b) is a section of the California Vehicle Code that prohibits driving a vehicle with a BAC of 0.08% or higher. This means that if you're pulled over by law enforcement and your BAC is tested at or above 0.08%, you can be charged with VC 23152(b). It's important to note that this section doesn't only apply to alcohol - it also includes other substances that can impair your ability to drive, such as drugs.
This law is available online on the official website of the California Legislative Information, which provides access to the full text of the California Vehicle Code. The specific section can be found at the following hyperlink:
The California Legislative website also includes information on recent amendments, legislative history, and annotations to help interpret the meaning of the law. It is important to note that the online version may not be the most current or official version of the law, and users should consult a DUI attorney or the appropriate legal authority for any legal advice.
Penalties for VC 23152(b)
If you're convicted of VC 23152(b), you could face significant penalties, including fines, jail time, and license suspension. The exact penalties you'll face will depend on several factors, such as whether it's your first offense, whether anyone was injured or killed as a result of your DUI, and whether you refused to take a chemical test. Here are some of the potential penalties you could face for a VC 23152(b) conviction:
First offense: Up to six months in jail, a fine of up to $2,000, and a license suspension of up to six months.
Second offense: Up to one year in jail, a fine of up to $2,500, and a license suspension of up to two years.
Third offense: Up to one year in jail, a fine of up to $3,000, and a license suspension of up to three years.
Fourth offense or more: Up to three years in jail, a fine of up to $18,000, and a license revocation of up to four years.
Additionally, if you're convicted of VC 23152(b), you'll be required to attend a DUI program, which can range from three to 30 months depending on the severity of your offense.
Defenses for VC 23152(b)
If you've been charged with VC 23152(b), there are several defenses that a skilled DUI lawyer can use to help you fight your charges. Here are some of the most common defenses for VC 23152(b):
Challenging the validity of the BAC test: Breathalyzers and other chemical tests aren't always accurate, and there are several ways that a DUI lawyer can challenge the validity of the test results. For example, they can argue that the test was administered improperly, or that there was an error in the testing equipment.
Challenging the reason for the traffic stop: Law enforcement must have a valid reason for pulling you over, such as a traffic violation or suspicion of DUI. If your lawyer can prove that there was no valid reason for the stop, any evidence gathered as a result of the stop may be thrown out.
Arguing that the BAC was rising: Your BAC level may have been rising at the time of the test, which means that your BAC was below 0.08% when you were actually driving. For example, if you had a drink just before driving, your BAC may not have reached its peak at the time of the test.
Arguing that the test results were affected by other factors: Certain factors, such as medical conditions or certain foods, can affect the accuracy of BAC tests. Your lawyer may be able to argue that these factors affected the test results.
Finding the Best DUI Lawyer in Los Angeles County
If you're facing charges for VC 23152(b) in Los Angeles County, it's essential to find a skilled DUI lawyer to represent you. Here are some tips for finding the best DUI lawyer in Los Angeles County:
Look for experience: DUI cases can be complex, so it's important to find a lawyer who has experience handling these types of cases. Look for a lawyer who has successfully defended clients against VC 23152(b) charges in the past.
Check their credentials: Make sure that the lawyer you choose is licensed to practice law in California and has no disciplinary actions against them. You can check a lawyer's credentials on the State Bar of California's website.
Consider their knowledge of local laws and procedures: DUI laws and procedures can vary by state and even by county. Look for a DUI lawyer who has experience working in Los Angeles County and who understands the local laws and procedures.
Read reviews: Look for reviews from previous clients to get an idea of the lawyer's track record and level of service.
Schedule a consultation: Most DUI lawyers offer free consultations, which are a great opportunity to ask questions and get a feel for the lawyer's communication style and approach to handling cases. Use this time to ask questions and determine whether the lawyer is a good fit for you.
If you've been charged with VC 23152(b) in Los Angeles County, it's important to take your charges seriously and seek the help of a skilled DUI lawyer. With the right representation, you may be able to challenge the charges and avoid the harsh penalties associated with a conviction. Keep the tips and information in this guide in mind as you navigate the legal system, and don't hesitate to reach out to a qualified DUI lawyer for help. If you're looking for the best DUI lawyer in Los Angeles County, call The Law Office Of Damian Siwek at 323-400-8369 for a free consultation.