At Hurwitz Law Group, our Los Angeles criminal defense attorneys know that facing drunk driving charges can be scary. California law, under Vehicle Code Section 23152(b), prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater after consuming alcohol. This CRIMINAL OFFENSE affects thousands of people each year. Penalties range from losing your license to spending time in jail.
You need strong defense support when you face criminal charges under this code. We've helped thousands of clients fight DUI cases in San Francisco, the Bay Area, and all over California. Our team at Hurwitz Law Group knows how to build effective legal defenses for your case.
California Vehicle Code Section 23152(b) VC targets drivers with too much alcohol in their blood. This Drunk Driving Overview explains that the law focuses on your BAC level, not your driving skills. Police can arrest you even if you drove perfectly fine.
The law says that driving a motor vehicle with a blood alcohol concentration (BAC) higher than 0.08 percent is illegal. This applies no matter how well you handle alcohol. For commercial license holders, the limit is even lower at 0.04%. This "per se" law makes DUI cases simple for the state. If your BAC is over the limit, you've broken the law, even if you felt okay to drive.
Section 23152(b) VC makes driving with a blood alcohol content (BAC) of 0.08% or higher illegal. This translates to 0.08 grams per 100 milliliters of blood and matches 210 milliliters of breath alcohol concentration. According to the Judicial Council of California Criminal Jury Instructions (CALCRIM 2111), the law presumes that individuals with this BAC level were impaired while operating a vehicle.
This code applies to all drivers in California, including visitors. It covers all motor vehicles – cars, trucks, motorcycles, and commercial vehicles. Commercial drivers face stricter limits – just 0.04% BAC can lead to charges. Police enforce this law using breath testing machines, blood tests, and urine tests. Drunk driving statistics show that impaired driving causes many road accidents each year in California. That's why the law is so strict.
Section 23152(a) VC makes driving illegal under the influence of alcohol or drugs. Section 23152(b) VC bans driving with a 0.08% or higher BAC. This key difference changes how cases are handled in court. The Legal References from the Judicial Council of California Criminal Jury Instructions explain this well.
For Section 23152(a) cases, prosecutors must prove alcohol or drugs impaired your driving. They use evidence like lousy driving, alcohol smell, failed sobriety tests, or other signs of impairment. For subdivision (b) case violation, they must show that your BAC was 0.08% or higher. They don't need to prove you drove poorly. This makes Section 23152(b) cases more straightforward to prove but also opens more defense options about how your body processes alcohol.
Being charged under Section 23152(b), VC starts two separate processes. The criminal case goes through court as a CRIMINAL OFFENSE. The DMV handles your license suspension as an administrative matter. These two processes are separate from each other. You must fight both battles during these challenging times.
Your level of intoxication affects your case a lot. Higher blood alcohol levels lead to harsher penalties. First-time offense cases face severe penalties. Subsequent convictions bring much harsher punishments. 3rd Offense cases can even lead to prison time instead of county jail. Understanding these facts is key when planning your defense.
First-time offenders typically face:
For second offenses within 10 years, penalties get worse:
Third and later offenses bring even harsher penalties. These include at least 120 days in county jail and longer suspension for DUIs. If you were speeding, had kids in the car, or caused accidents that hurt people, penalties get much worse. Unlike a civil matter, these serious criminal charges can put you in jail for a long time.
A DUI conviction under Section 23152(b) VC immediately triggers driver's license suspension. First-time offenders usually lose their license for six months. If you don't ask for a hearing soon enough, the DMV can apply these penalties before your court case ends.
You might qualify for a restricted license after part of your suspension. This lets you drive to work, school, or DUI programs. You might have to install an ignition interlock device to get this restricted license. Commercial drivers face harsher penalties – a DUI can suspend your commercial license for an entire year, hurting your job. Unlike regular traffic tickets, DUI cases create serious problems for even the most careful, sober drivers afterward.
DUI convictions affect more than just your driving record. They create ripple effects throughout your life, including your finances, career, and immigration status. Many clients don't realize these far-reaching impacts until it's too late.
These effects often last years beyond the actual legal penalties. Having good legal representation helps minimize these long-term consequences. Let's examine some of our clients' most common issues after DUI convictions.
After you are convicted of driving under the influence of alcohol, your car insurance premiums are also likely to rise. Insurance companies see DUI offenders as high-risk drivers. They often double or triple your insurance premiums. Some may cancel your policy entirely, making it hard to find any liability insurance.
California requires DUI offenders to file an SR-22 form. This unique certificate proves you have valid insurance. You must keep this filing for three years. It signals to drivers by insurance companies that you've had a DUI. Insurance companies think DUI offenders cause more accidents. That's why they charge more. Even after your case ends, these higher insurance costs affect you for years.
Many professional licensing boards take DUI convictions very seriously. Professionals in healthcare, education, law, and other fields must report these convictions to their licensing board. A DUI is often considered a crime of moral turpitude in these contexts.
Health practitioners, nurses, educators, lawyers, and colleagues in any licensed profession have obligations that can lead to disciplinary action, including suspension or removal. Pilots, commercial drivers, and others who drive as part of their jobs face severe career impacts. Some employers also require disclosure of criminal convictions during hiring, making job hunting more difficult.
For non-citizens, a DUI conviction can create serious immigration consequences. The Canadian Immigration and Refugee Protection Act affects your ability to enter Canada or stay in the United States.
Multiple DUI convictions can lead to deportation or make you unwelcome in certain countries. Charges on immigration status are serious. You may need to work with immigration authorities to solve these issues. Even green card holders and those seeking citizenship face problems due to DUI convictions. If you're not a U.S. citizen, work with a DUI attorney and an immigration lawyer to protect your status.
BAC testing seems simple, but many good legal defenses exist for Section 23152(b) VC cases. Our criminal defense attorneys check every part of your case. We look at everything from the traffic stop to the testing methods.
We search for procedure mistakes, testing problems, and civil rights violations. Examples of police misconduct often give us the best defense options. The biggest mistake people make is not fighting these charges with a strong defense. Here are some of our top strategies to fight for our clients.
Breathalyzer and blood tests aren't always right. We often challenge these results by questioning the following:
We often work with experts who can find problems with test results. Blood tests can be ruined by poor storage or contamination. Breath-testing machines are poor tools that need regular calibration. They may show false readings if not maintained well. Common mistakes in testing can create weak evidence. These challenges often create doubt about your actual BAC level.
Many things can cause falsely high breathalyzer readings. Medical conditions like acid reflux can trap alcohol in your mouth, leading to wrong results. Dental work, mouthwash, breath spray, and even some diets can affect readings.
Rising blood alcohol due to alcohol absorption is another good defense. If you drank alcoholic beverages just before driving, your BAC might have been legal while driving but rose above 0.08% by testing time. This "rising BAC" defense works because the law bans impairment by alcohol while driving, not having high BAC later at the police station. Drug withdrawal symptoms can also look like drugged driving signs to officers.
Police officers must have legal reasons to stop your vehicle. If they had no probable cause for this stop, all evidence collected thereafter, including blood alcohol content results, would likely be deemed unsuitable to be used by a judge. We carefully review the following:
We also check if officers followed proper steps during sobriety and breath tests. If they violated your rights during arrest, evidence may be suppressed. Often, what officers call "signs of impairment" are just fatigue, nerves, or medical conditions—not the influence of drugs or alcohol. How you talk to law enforcement matters, but even polite drivers can be wrongfully charged.
Having good criminal defense lawyers dramatically improves your chances of a better outcome. We know how prosecutors build their cases and where to find weak points. Without proper help, many people accept harsh plea deals during tough times.
We handle both your court case and DMV hearings. You must request the DMV hearing within 10 days of your arrest, so quick action is vital. We gather evidence, question witnesses, and build defenses based on your case.
Our attorneys understand the science of BAC testing and can challenge these results effectively. We work with expert witnesses when needed. In many cases, we've helped reduce charges to lesser charges like exhibition of speed or reckless convictions. This saves clients from the worst DUI penalties. For sex offense cases that involve DUI, we provide exceptional help since these combinations can be very harmful.
Knowing your rights during a DUI stop helps protect you. You have the right to remain silent except when sharing basic IDs. You have the option to courteously decline to discuss your whereabouts or any alcoholic drinks you may have consumed.
You have the right to decline field sobriety tests in California, but be aware that if law enforcement officers believe you are driving under the influence of alcohol or drugs, you may still be arrested. After arrest, you cannot legally refuse chemical tests (breath or blood) without facing more penalties under California's laws. If possible, choosing a blood test instead of using a breath testing machine often gives more defense options later.
Always stay respectful when dealing with law enforcement, even when using your rights. Fighting or arguing will only make things worse. Remember that the police watch everything you say and do. It will likely appear in their report. Your best defense starts with how you act during the stop.
Being "under the influence" means alcohol or drugs have affected your ability to drive safely. A 0.08% or higher BAC means the law assumes you're under the influence. The Judicial Council of California Criminal Jury Instructions explain this. It doesn't matter how well you can handle alcohol.
While you can refuse roadside breath tests unless you are under 21 or on probation for a previous DUI, declining chemical testing after a lawful arrest results in an automatic driver's license suspension and additional penalties.
A DUI stays on your California driving record for 10 years. During this time, any new DUIs will face harsher penalties. Insurance companies see this record and raise your rates. This is why having a strong defense from the start is so important.
Yes, often. Based on your level of intoxication and case details, we can often negotiate better deals like "wet reckless" instead of DUI. These carry fewer penalties and long-term problems. This is one of the best reasons to hire reasonable defense attorneys.
If you face charges under California Vehicle Code Section 23152(b) VC, don't wait to get help. The first few days after arrest are crucial for saving evidence and protecting driving rights. At Hurwitz Law Group, our Los Angeles DUI attorneys offer free case reviews to discuss your options.
We've helped thousands of people in Los Angeles fight drunk driving charges. Our work with impaired driving cases gives you the best chance to reduce or dismiss your charges. We understand how alcohol affects the body and use this knowledge to build our defense. Call us today to start your defense.
Your future, driving rights, and freedom are at stake during these challenging times. Let us fight for you against these serious charges. We'll help you handle the many legal and personal problems that come with a DUI case.
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