Understanding 23152(b) VC: DUI with a Blood Alcohol Level of 0.08 Percent or Higher
In California, driving under the influence (DUI) of alcohol or drugs is a serious offense that can result in severe penalties, including fines, imprisonment, and license suspension. One of the most common DUI charges in California is 23152(b) VC, which refers to driving with a blood alcohol level of 0.08 percent or higher.
What is 23152(b) VC?
Vehicle Code section 23152(b) VC is a California law that makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This law applies to drivers who are 21 years or older. For drivers under 21, the legal limit is 0.05 percent BAC.
How is Blood Alcohol Level Measured?
Blood alcohol level is typically measured through a Blood Alcohol Concentration (BAC) test. There are three common types of BAC tests:
- Breath Test: This test measures the amount of alcohol in your breath. It is usually administered at the scene of the stop or at a police station.
- Blood Test: This test measures the amount of alcohol in your bloodstream. It is usually administered at a hospital or medical facility.
- Urine Test: This test measures the amount of alcohol in your urine. It is not commonly used in DUI arrests.
Penalties for 23152(b) VC
If you are convicted of 23152(b) VC, you may face the following penalties:
- First Offense:
- Jail time: up to 6 months
- Fine: up to $1,000
- License suspension: up to 6 months
- Mandatory DUI education program
- Second Offense:
- Jail time: up to 1 year
- Fine: up to $2,000
- License suspension: up to 2 years
- Mandatory DUI education program
- Third Offense:
- Jail time: up to 1 year
- Fine: up to $2,500
- License suspension: up to 3 years
- Mandatory DUI education program
Defenses to 23152(b) VC
There are several defenses to 23152(b) VC, including:
- Rising Blood Alcohol Level: This defense argues that your BAC was under 0.08 percent at the time of driving, but rose to 0.08 percent or higher by the time the test was administered.
- Mouth Alcohol: This defense argues that the breath test was contaminated by mouth alcohol, which can artificially inflate the BAC reading.
- Police Misconduct: This defense argues that the police failed to follow proper procedures during the stop, detention, or testing.
Conclusion
If you have been charged with 23152(b) VC, it is essential to seek the help of a qualified DUI attorney. A skilled lawyer can help you understand your rights, explore possible defenses, and fight to minimize the penalties. Remember, driving under the influence is a serious offense that can have long-lasting consequences. Always drive sober, and never get behind the wheel if you have consumed alcohol or drugs.
