DUI Charge, Over 21 Years Of Age:
Understanding the DUI Laws in California can be tricky if you are not familiar with them, and most people are not. If you are over 21 years of age, and charged with a DUI, the citation you receive may list two separate charges related to the DUI. VC 23152(a), and VC 23152(b). The “VC” portion stands for “Vehicle Code,” which is the set of laws in California that controls, among other things, DUI laws.
VC 23152(a) is a general DUI “catch all” charge that covers driving under the influence of alcohol and drugs. For example, a person can be convicted of this charge if they were under the influence of alcohol and had a Blood Alcohol Content of 0.07. Likewise, a person can be arrested and charged with this if a cop believes that the person was driving a car under the influence of a another intoxicant such as marijuana or even prescription drugs.
VC 23152(b) is a more specific DUI charge and relates only to alcohol. To be charged with this, a person must have a Blood Alcohol Level of 0.08 or higher. For example, if after getting arrested, a person submits to a Breath Test and the results come back at 0.10, the cop will list both charges, VC 23152(a) and VC 23152(b) on the citation. Keep in mind that if a person submits to a blood test as opposed to a breath test, the cop will only list VC 23152(a) on the citation. But, if the results come back at 0.08 or higher, the Court prosecutor will then add the VC 23152(b) charge.
PENALTIES for VC 23152(a) and 23152(b)
Both VC 23152(a) and VC 23152(b) each carry the same penalties, and they vary depending on whether this is your first offense, or you have received previous DUI’s within the last 10 years of your arrest.
First Offense DUI: If convicted of a first offense DUI, the penalty may include anywhere between 48 hours to 6 months in jail, a fine between $390 to $1,000 plus penalty assessments*, and an alcohol course ranging from 3 months to 9 months in length. The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action.
*Penalty Assessments are fees and taxes that the Court adds to a fine. Currently, the penalty assessments are approximately 4 and a 1/2 times the actual fine. That is why it is important to keep those fines as low as possible. A $390 fine with penalty assessment will total approximately $1,750, but a $1,000 fine will be almost $5,000!
Second Offense DUI: If convicted of a second offense DUI, the penalty may include anywhere between 96 hours to 1 year in jail, a fine between $390 to $1,000 plus penalty assessments*, and an 18 month alcohol program. The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action.
It is important to hire an attorney that you feel confident will defend you vigorously in Court. I know how to get DUI charges dismissed and have done so time and time again. In cases where that is not feasible, I know how to get favorable results even when pleading to DUI. I know the importance of your freedom and how jail time can affect your job, among other things, and I will fight on your behalf. I also know how this recession has affected people financially. If the Court is imposing a fine, I will keep it to a minimum. Additionally, I will fight to get an extended amount of time to pay that fine, or get alternatives to reduce the fine substantially.
DUI Charge, Over 21 Years Of Age: