Vehicle Code 23578 does not create a separate crime. Instead, it directs the court to treat a blood alcohol concentration of 0.15 percent or more, and a refusal to take a chemical test, as a special factor that can justify enhanced penalties in a DUI case.
What it changes
When 23578 applies, prosecutors and judges tend to seek stricter terms: a longer alcohol education program, tighter probation conditions, an ignition interlock requirement, and less willingness to reduce the charge. At 0.20 percent and above, many courts push for the nine-month program rather than the standard three-month program for a first offense.
Why the number is not the last word
The special-factor treatment rests entirely on the reliability of the blood alcohol reading. Breath and blood results are produced by instruments and procedures that can be wrong. Rising blood alcohol, mouth alcohol, an improper observation period, calibration and maintenance failures, and chain-of-custody gaps can all undermine a high reading. If the number does not hold up, the 23578 treatment falls away with it.
Where to start
A high reading changes the posture of the case, and the defense is specific to the chemistry and the testing. Get a free written case analysis below or call me directly. See also the high-BAC DUI overview and the rising blood alcohol defense.