VC 23152(a) – Driving Under the Influence of Alcohol
23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
Overview of the Criminal Charge
California Vehicle Code Section 23152(a) is one of the primary statutes under which individuals are charged when accused of driving under the influence (DUI) of alcohol. This section makes it illegal to operate a motor vehicle while under the influence of alcohol, regardless of the specific blood alcohol content (BAC). Unlike other sections, such as 23152(b), which specifically address driving with a BAC of 0.08% or higher, Section 23152(a) focuses on the driver’s impairment rather than a specific BAC threshold.
Elements of the Crime
To secure a conviction under Section 23152(a), the prosecution must prove two key elements beyond a reasonable doubt:
- The Defendant Was Driving a Vehicle: The prosecution must show that the individual was actually driving a vehicle. This can be established through direct evidence, such as a police officer witnessing the driving, or circumstantial evidence, such as the defendant being found in the driver’s seat of a running vehicle.
- The Defendant Was Under the Influence of Alcohol: “Under the influence” is defined as the person’s physical or mental abilities being impaired to the extent that they can no longer drive with the caution characteristic of a sober person under similar circumstances. The prosecution may use evidence such as the results of field sobriety tests, the officer’s observations, or even the defendant’s own statements to establish impairment.
Legal Implications
A conviction under Section 23152(a) carries serious legal consequences, which can vary depending on whether it is a first offense or if the defendant has prior DUI convictions. Penalties for a first-time DUI conviction under 23152(a) can include:
- Fines: Typically, fines range from $390 to $1,000, but additional penalties and fees can significantly increase the total cost.
- License Suspension: The Department of Motor Vehicles (DMV) can impose a license suspension ranging from six months to a year, depending on the circumstances.
- Probation: The defendant may be placed on informal probation, usually for three to five years.
- Alcohol Education Programs: The defendant may be required to complete a DUI education program.
- Jail Time: Although jail time is typically minimal for first offenses (ranging from 48 hours to six months), it can be mandatory in some cases, especially if aggravating factors are present.
Defenses to a Section 23152(a) Charge
Defendants have several potential defenses against a DUI charge under 23152(a). Some of the common defenses include:
- Challenging the Legality of the Traffic Stop: If the police did not have reasonable suspicion to make the traffic stop, any evidence obtained as a result of that stop could be suppressed.
- Disputing the Evidence of Impairment: The defense might challenge the results of field sobriety tests or argue that the defendant’s alleged impairment was due to factors other than alcohol, such as fatigue, illness, or medication.
- Rising BAC Defense: This defense argues that the defendant’s BAC was below the legal limit while driving but increased by the time the BAC was measured due to the absorption of alcohol into the bloodstream.
- Improper Testing Procedures: If breathalyzer or blood test procedures were not followed correctly, the results might be deemed unreliable and inadmissible in court.
Conclusion
A charge under California Vehicle Code Section 23152(a) is a serious offense with potentially life-altering consequences. Given the complexities of DUI law and the potential penalties, anyone charged with a violation of this statute should seek the assistance of an experienced DUI attorney to explore all possible defenses and ensure their rights are protected.