What is the California Vehicle Code 23152 A Penalty?

California Vehicle Code 23152

California Vehicle Code Section 23152 is a law dictating safe driving standards regarding the use of impairing substances, such as alcohol and other drugs. The exact definition of the California Vehicle Code Section 23152 is as follows:

• It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
• It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
• It is unlawful for a person who is under the influence of any drug to drive a vehicle.
• It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

In California, the penalties for those convicted of driving under the influence (DUI) are some of the most severe in the country. If you have been arrested for a DUI, it is imperative that you contact an experienced defense attorney as soon as possible.

California Vehicle Code Section 23152 – First Offense DUI

In the State of California, egregious injuries notwithstanding, first offense DUIs are considered misdemeanors. A first time violation of California Code Section 23152, therefore, carries potential imprisonment of anywhere between 96 hours and 6 months, fines ranging from $390 to $1000, and license suspension for up to six months. For those convicted of a first offense DUI, in violation of Section 23152 of the California Vehicle Code, probation may be granted under the following terms and conditions:

• A period of probation ranging anywhere from 3 to 5 years
• Prohibition of driving a motor vehicle after the consumption of any amount of alcohol

California Vehicle Code Section 23152 – Second Offense DUI

According to California Vehicle Code Section 23152, a DUI is considered a second offense if it occurs within ten years after a previous DUI charge. A secondary DUI has harsher penalties and less leniency than a first offense DUI. A second violation of California Code Section 23152 carries a potential sentence of imprisonment for anywhere between 90 days and 1 year, fines ranging from $390 to $1000, and license suspension of two years.

Your Legal Representation in a DUI Case Matters

Due to the challenging and complex nature of DUI charges, it is necessary to hire an experienced attorney. The outcome of these cases is high influenced by your ability to argue against the admissibility of certain evidence and the validity of evidence submitted by the prosecution.

At the Law Office of Christopher J. McCann, it is our mission to provide comprehensive services tailored to the individual client’s need. We use our 15+ years of experience including thousands of federal, state, and juvenile court appearances in Southern California to ensure that you achieve the best possible outcome. Our commitment to protecting your rights through vigorous advocacy and aggressive defensive tactics begins in your initial consultation. We will thoroughly examine every detail of your case and work closely with you to provide support during this trying time.

We represent California clients in Orange County, Newport Beach, Fullerton, Santa Ana, and the surrounding areas. If you have been arrested or charged with a DUI, contact our office at 888-360-4256 or use our contact form to schedule a free consultation today.