DUI Charges / Vehicle Code 23152 (b) 2017-06-07T23:32:07+00:00

Skilled Los Angeles DUI Attorneys

Fighting § 23152(a) Charges, Protecting Your Future

Vehicle Code § 23152(b) reads:

“It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

This is also known as a “per se” DUI because the law presumes you were “under the influence” if your blood alcohol content (BAC) is 0.08% or higher, regardless of whether you actually were under the influence. This is in contrast to the “subjective” DUI under VC § 23152(a).

When you are facing daunting criminal allegations, you need a professional and seasoned Los Angeles criminal defense attorney next to you who can push back and defend your rights.  Moaddel Law Firm consistently exceeds our clients’ expectations when it comes to their DUI arrests because we have such a wealth of experience when it comes to drunk driving cases we have handled in the past.  Look to us to protect your freedom when you are arrested.

A DUI arrest is NOT a DUI conviction!

To convict you of DUI under § 23152(b), the prosecution must prove that: you drove a vehicle, and at the time you drove your BAC was 0.08% or higher.

The prosecutor must prove you BAC was 0.08% or higher when you were driving or when you were stopped at a DUI checkpoint, not before or after. An experienced DUI attorney can fight your case using defenses such as rising blood alcohol, which describes how blood alcohol rises as it is absorbed, meaning someone who shows a BAC of 0.08% when they submitted to a breath test may have had a lower BAC at the time they were driving. This is a complicated scientific explanation, but an experienced attorney can explain it to a jury.

Your attorney can also challenge the validity of the breath or blood sample taken. Your attorney may challenge the officer’s sample collection and preservation procedures, the accuracy of the breath testing machine, or the method of testing. Your attorney can also show that the alcohol level in your mouth was an inaccurate based on medical conditions, such as diabetes, GERD, or acid reflex, or using mouthwash.

Learn What You’re Up Against for Vehicle Code § 23152(b)

While your first DUI conviction will likely be charged as a misdemeanor, subsequent convictions, especially those coming within 10 years of the first, can come with increasingly harsh penalties.  This is in addition to other potential ramifications such as the loss of your, along with the social stigma that drunk driving can carry.

Misdemeanor DUI usually includes three to five years of probation, up to one year in county jail (usually for second or third offenses), a fine plus court assessment fees, court-approved DUI school, and driver’s license suspension of at least six months[1] (unless you win your DMV hearing).[2] You may also face an increased car insurance payment. In Alameda, Los Angeles, Sacramento, and Tulare counties, you will also be required to install an ignition interlock device.[3]

Felony DUI penalties include formal probation, up to three years in state prison, a four year driver’s license revocation, and designation as a habitual traffic offender by the DMV. You may face increased penalties if you are also speeding,[1] have a child in the car,[2] or have a BAC over 0.15%. Your attorney can also negotiate with the prosecutor for a plea bargain to a reduced charge, such as a “wet reckless,”[3] “dry reckless,”[4] or drinking alcohol in a vehicle.[5]

You have legal rights, no matter what you have been accused of.  At Moaddel Law Firm, we can take the time to craft a defense unique to your situation in order to contest your DUI charge.  your future is too important for you to not have a trusted Los Angeles DUI attorney at your side.

Call our firm as soon as possible to begin building your defense–(877) 375-8188.

[1] Vehicle Code § 23582.

[2] Vehicle Code § 23572, which could also be filed as child endangerment under Penal Code § 273(a).

[3] Vehicle Code § 23103.5

[4] Vehicle Code § 23103.

[5] Vehicle Code § 23221.

[1] Vehicle Code § 13350 et seq.

[2] DMV hearings are not automatic and must be requested within ten days of your arrest. Please see our DMV hearing article <LINK>

[3] Vehicle Code § 23700 et seq.