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California Vehicle Code 23152(a)

DUI – California Vehicle Code §23152(a)

Most people have the misconception that the legal limit to drive with alcohol in your system is anything below .08% BAC. However, many people are commonly charged with a DUI, even when their BAC is below .08%. The reason is because California Vehicle Code §23152(a) expresses that someone may be DUI simply by being under the influence of any alcoholic beverage and driving a vehicle. Furthermore, this statute makes it illegal to drive a vehicle while under the influence of a drug, or the combination of alcohol and drugs.

California Vehicle Code § 23152(a) states, “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”

This means that a prosecutor can charge you with a DUI, even if your BAC was “below” .08%. The statute simply says under the influence, which is a very ambiguous term. A trained DUI attorney, that has litigated trials, knows that it is important to know the jury instructions in order to truly understand the charges.

CalCrim Jury Instruction No. 2110 states, “A person is under the influence if, as a result of drinking or consuming an alcoholic beverage, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

The key is that a prosecutor must prove beyond a reasonable doubt that someone is so impaired, they couldn’t drive with the same caution and care as a sober person, under similar circumstances. A good DUI attorney can explain to a jury or a prosecutor that anyone who’s driven on the roads of Los Angeles knows that even sober drivers constantly do dangerous maneuvers in everyday normal driving. Even though alcohol related accident rates are high, most traffic accidents that occur are actually with drivers that are sober. For someone to be so impaired they couldn’t drive with that same caution and care as a sober person, it would mean that the prosecutor has evidence of very dangerous driving.

Need quick, free advice about dui charges? Email an attorney a question at info@mironerlaw.com with the subject line: DUI Charge Question or call 800.943.8310

AB-762 or AB-768 (6 month- First Offense DUI program)

The AB-762 or AB-768 is an enhanced program for a first offense DUI conviction, which is commonly offered by prosecutors when someone’s alleged BAC level is above .15%, but below .20%. This six month program is more expensive and more extensive than the 3 month program. It is crucial to have an attorney that understands the science related to alcohol absorption and how it may impact the BAC results by the time someone is tested at the station or hospital. An attorney at The Law Office of Ben Mironer knows how to persuade prosecutors to strike this enhancement and requirement.

This program is required only by the court, even though it does satisfy the DMV requirement (which is only the 3-month alcohol program when below .20% BAC). This means you do NOT have to take both, unless you complete the 3 month AB-541 for the DMV APS suspension, and then you’re later convicted in court and required to complete the six month program for court. We do our best to prevent errors like that from happening because we care about our clients and we know the consequences of the law. We use our knowledge and compassion, to take the time to explain every aspect of the case to our clients. This helps reduce any miscommunications and errors, like the example above.

Out of state residents may be permitted upon request to complete this requirement with an online program or an equivalent in their home state.

An attorney from our office remains available to our clients, even after their case resolves. We ensure they are aware of deadlines and all of the requirements from the DMV and from the Court. We are always there to provide answers to any questions they may have down the road.

 

AB-1353 (9 month- First Offense DUI program)

The AB-1353 is an enhanced program for a first offense DUI conviction, which is statutorily required if the person admits to the special allegation of have a BAC of .20% or higher at the time of driving. This is a serious DUI enhancement because instead of a 3-month alcohol program (AB-541), the person must endure a 9-month alcohol program. This is when it becomes critical to have good representation in your case. We have been very successful in getting this enhancement stricken from the complaint, and our clients did not have to do the 9-month alcohol program. An attorney from our office can explain to you how scientifically just because a person has a chemical test result that was above .20% BAC, was not necessarily even close to that level at the time of driving. We can also explain to you why the chemical test result itself may be unreliable for its accuracy.

An attorney from our office can really impact your case, and possibly save you a lot of time and money by persuading a prosecutor to strike this enhancement. If someone admits to this special allegation they must complete the 9-month alcohol program for the Court and for the DMV. They are not permitted to get their full valid driver�s license until they provide the Court and the DMV with proof of completion of the AB-1353. An attorney from our office remains available to our clients, even after their case resolves. We ensure that our clients are aware of deadlines and all of the requirements from the DMV, and from the Court. We are always there to provide answers to any questions they may have down the road.

Out of state residents may be permitted upon request to complete this requirement with an online program or an equivalent in their home state.

 

SB-38 (18 month – Second Offense DUI and Third Offense DUI program)

The SB-38 is the standard program for a Second Offense DUI conviction. It is also common in the Third Offense DUI and permitted in a Fourth Offense DUI conviction as well. This is also known as the “Multiple Offender Alcohol Program.” This program is a statutory requirement on any multiple offense DUI. Someone who is convicted of a DUI with a prior may apply for a restricted license, with the installation of an ignition interlock device, and proof of enrollment in the SB-38 alcohol program. In order to avoid the 18-month alcohol program, the DUI charges must be reduced to at least a Wet Reckless Driving, instead of a DUI with a prior.

An attorney from our office can really impact your case, and possibly save you a lot of time and money by persuading a prosecutor or the Court to strike a prior conviction, or to reduce the charges from a DUI. Otherwise, someone who’s convicted of a DUI with a prior, or with priors, must complete the 18-month alcohol program for the Court and for the DMV. They are not permitted to get their full valid driver’s license until they provide the Court and the DMV with proof of completion of the AB-1353.

An attorney from our office remains available to our clients, even after their case resolves. We ensure that our clients are aware of deadlines and all of the requirements from the DMV, and from the Court. We are always there to provide answers to any questions they may have down the road.

 

30 month – Third Offense DUI program and Fourth Offense DUI program

The 30-month alcohol program is a special program that may be requested by your attorney and permitted by the Judge. If you are charged with a Third Offense DUI or Fourth Offense DUI, it is important to know your rights, and to have an attorney with the experience and expertise to advise you, and recommend the best option for you. At the Law Office of Ben Mironer, we have a proven track record of success in working with prosecutors and Judges, to get our clients into a 30 month program, instead of spending lots of time in jail. The permits the Judge discretion to order what’s known as a “30 and 30,” which is a 30 month program and 30 days in jail, instead of the 120 days in jail mandatory minimum for a Third Offense DUI.

In a Fourth Offense DUI, it is important to have an attorney that can either utilize attendance in a 30-month alcohol program, or can help you avoid doing a 30-month alcohol program when you’re only required to do an 18-month program. The Judge has discretion to order the 30-month program in any third or subsequent DUI conviction.

 

SB-1176 (12-hour Wet Reckless Driving Program)

The only required program for a conviction of Wet Reckless Driving, is the SB-1176 alcohol program. This is a 12-hour program, but can approximately 6 weeks or longer. Also, it is important to note that the DMV will still require an AB-541 program, if they suspend someone’s driver’s license after the APS hearing. The Law Office of Ben Mironer provides our clients with top-notch legal representation in the field of DUI because we know all of these subtle nuances. We keep our clients well informed and educated about their case, their defenses, and the various options they have.

Out of state residents may be permitted upon request to complete this requirement with an online program or an equivalent in their home state.

We always help our clients weigh their choices, and we take the time to discuss the different ways that certain consequences may impact their lives. An attorney from our office remains available to our clients, even after their case resolves. We ensure that our clients are aware of deadlines and all of the requirements from the DMV, and from the Court. We are always there to provide answers to any questions they may have down the road.