Drunk Driving Offenses – CPC 23152(a) & 23152(b)
Any Los Angeles drunk driving attorney will tell you that driving under the influence, or DUI, is an unpopular offense with lawmakers and the general public. Consequently, DUI punishments have grown increasingly severe with the potential for jail time, high fines, and driver’s license suspension.
Yet, DUI cases can be successfully defended. The police don’t always follow proper procedures, and breath or blood test results can be flawed. A skilled Los Angeles drunk driving lawyer will investigate your case thoroughly to find any weaknesses that can lead to dismissal or reduction of the charges.
Drunk Driving California Vehicle Code Violations
- Driving Under the Influence – California Vehicle Code 23152(a) provides that it is against the law for any person to operate or be in control of a motor vehicle while under the influence of drugs or alcohol.
- California “Per Se” Law – California Vehicle Code 23152(b) states that it is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater.
A person arrested for drunk driving will often be charged on both counts. Driving under the influence is typically proven by testimony of the arresting officer that your driving was bad, you appeared intoxicated, or you failed field sobriety tests. The per se offense is proven by the results of a breath or blood test.
While it is possible to be convicted of both charges, you will only be punished for one because the penalties are identical.
The Your Los Angeles drunk driving lawyer will explain to you that even if your BAC is below .08% or you refuse to submit to breath or blood testing, you can still be charged with driving under the influence if the arresting officer believed that you were intoxicated and should not be operating the vehicle.
Penalties for Drunk Driving
California DUI penalties can be severe, depending on whether you are facing your first, second, third or subsequent DUI conviction. Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI. The punishment for a California DUI offense increases with each successive drunk driving conviction that takes place within a ten-year period.
In addition to criminal charges, the California DMV will impose sanctions against your driver’s license for violating the California “per se” law.
Contact Los Angeles drunk driving Lawyer
If you or someone you care about has been arrested for any drinking and driving offense, please consult with an experienced Los Angeles drunk driving lawyer who is well versed in defending drunk driving cases. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced Los Angeles drunk driving lawyer, contact Daniel V. Cota & Associates, P.C. toll free at (800) 351-6860.