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 California Vehicle Code Section 23152 (a) makes it illegal
to operate a motor vehicle while under the influence. If you notice, there
is no requirement of being over a certain blood alcohol level to found
guilty of this section. That means, that even if your BAC comes back under
.08%, the District Attorney still can, and often times does, charge you with
a DUI if the police officer reports that you failed the Field Sobriety
Tests. This section is also applied to drugs and can result in you being
charged with DUI while under the influence of marijuana, prescription drugs,
or illegal substances.
California Vehicle Code Section 23152(b) makes it illegal to
drive with a .08% or more Blood Alcohol Content (BAC). There is no
requirement of proving you were impaired to be charged and convicted of VC
23152(b), the fact that you have a BAC of .08 or higher within three hours
of driving is enough evidence in and of itself. Any person who is pulled
over for an alcohol related DUI in California is usually charged with both
VC 23152(a) and VC 23152(b), but only one punishment may be imposed. The
punishment for violating either section is the same.
DUI is a serious criminal offense that may result in the enforcement of very
harsh penalties, especially in Orange County, CA. Some defendants walk into
court without representation, thinking it is no big deal and that they will
just talk to the judge. Most of them leave with a completely different, and
more educated, opinion.
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