DUI— Vehicle Code § 23152 2017-07-06T23:23:07+00:00

Los Angeles DUI Lawyer— Vehicle Code § 23152

When your future is in jeopardy, call the DUI professionals!

California law prohibits driving a vehicle under the influence of drugs or alcohol.[1] Contrary to popular belief, you can be convicted of driving under the influence of alcohol with a blood alcohol content (“BAC”) below 0.08% if your driving is impaired.[2] Additionally, you can be convicted of driving under the influence of drugs even if the drugs you were using were legal and prescribed to you.[3]

Don’t be overwhelmed–anyone can get a DUI

Because of these harsh penalties involved in a DUI conviction, it is essential to find a Los Angeles DUI attorney who can effectively contest the case against you. The attorneys at Moaddel Law Firm are experienced at challenging the prosecution on all fronts: the probable cause to justify your arrest, the subjective roadside field sobriety tests, and the validity of the instruments used to test your blood alcohol level. They are also skilled at DMV hearings so you can keep your driving privileges.

DUI Penalties in California

  • Your first DUI conviction can bring serious repercussions, even if no bodily injury or death results from the accident.
  • $390 in fines and more than $1,000 in penalty assessments
  • a 48-hour jail sentence or a 90-day licenses restriction where you can only drive to and from work
  • Completion of a $500, 3-month alcohol treatment program
  • 30-day loss of your driver’s license

Most first-time offenders will be placed on probation for 3 to 5 years, and violation of your probation can result in additional penalties.  The serious nature of a DUI conviction, even your first, means you need tough legal representation to push back against your charges and protect your interests.

California Vehicle Code § 23152(a)

Vehicle Code § 23152(a) prohibits driving under the influence of alcohol. This offense does not require that you have a 0.08% blood alcohol level, it only requires that you consumed some alcohol and your driving is impaired.

Also known as the “per se” DUI, under Vehicle Code § 23152(b), the law presumes you were under the influence of alcohol if you blood alcohol level is 0.08% or higher.

Vehicle Code § 23152(e)

Vehicle Code § 23152(e) prohibits driving under the influence of drugs. The drugs do not need to be illegal; you can be convicted even if you were using prescription or over the counter drugs if your ability to drive was impaired.

Vehicle Code § 23153

If you violated a DUI law and injured another person, you can be charged with either a misdemeanor or felony under Vehicle Code § 23153.

Generally, DUI offenses are misdemeanors; however, they can be charged as felonies if you injured someone or have had multiple DUI convictions.[4] Penalties usually include three to five years of probation, up to one year of county jail, a suspension of your driver’s license, DUI school, and fines, fees, and penalty assessments. Your car insurance payment may increase, and in Los Angeles county you may have to install an ignition interlock device (for alcohol DUI).

Additionally, you will face a hearing with the Department of Motor Vehicles to contest the suspension of your driving privileges. The hearing is presided over by a DMV hearing officer—not a judge or jury—and the burden of proof is lower than at a criminal trial. However, you have the right to have a Los Angeles DUI lawyer represent you.

Vehicle Code § 23221 Drinking Alcohol in a Motor Vehicle

Otherwise known as “open container” laws, Vehicle Code § 23221 prohibits anyone in a motor vehicle from drinking an alcoholic beverage in a vehicle on a public road. This applies to passengers, as well as the driver. VC § 23221 is an infraction,[1] with a penalty of a fine up to $250.[2] However, anyone under the legal drinking age can also face the applicable penalties for underage drinking.

[1] Vehicle Code 40000.1.

[2] Penal Code § 19.8.

Arrested at a DUI checkpoint in Los Angeles?

Even being charged with drunk driving at a DUI checkpoint can be challenged in court.  Get a Los Angeles DUI defense lawyer on your side to contest your arrest and protect your future!

No matter the circumstances of your DUI arrest, our Los Angeles DUI attorney can counsel you through this difficult situation.  We know how to protect your legal rights and will fight to defend them at all costs, regardless of why you were charged with drunk driving.  If you are charged with a DUI we will meet with you and discuss what you are up against, as well as how we can push back against your charges to maintain your freedom.

Your arraignment will be your first interaction with the court after being arrested.  During your arraignment, your charges will be read aloud and you may enter a plea of either “not guilty,” “no contest,” or “guilty.”  We frequently advise our clients to plead “not guilty.”  After entering your plea, the court will schedule your trial.  Many people are understandably intimidated and anxious before and during their arraignment, particularly if it is their first time.  Having a DUI lawyer from Moaddel Law Firm with you will help calm your nerves and ensure you do and say everything in order to protect your rights.

Call Moaddel Law Firm and set up a consultation to discuss your case—(877) 375-8188!

[1] See Vehicle Code § 23152.

[2] Vehicle Code § 23152(a).

[3] Vehicle Code § 23152(e).

[4] Vehicle Code §§ 23536-23548.