DUI (alcohol) VC 23152(a) and VC 23152(b) and DUI (drugs) VC 23152(f)
DUI is short for Driving Under the Influence. The two most common types of DUIs are DUI for alcohol (VC 23152a/b) and DUI for drugs (23152f).
DUI – Alcohol (VC 23152a/b)
DUI with alcohol is usually charged as a misdemeanor, and it is usually charged as two separate counts.
The FIRST count, which is VC 23152a, does not require a defendant’s blood-alcohol level to be .08% or higher. In order to be found guilty of VC 23152a, two requirements have to be met:
- Defendant drove a motor vehicle
- Defendant drove the motor vehicle while under the influence of alcohol
The SECOND count, which is VC 23152b, requires two elements:
- Defendant drove a motor vehicle
- Defendant drove a motor vehicle with a blood-alcohol level of .08% or above
The difference between these two charges is the second element. VC 23152a requires that the defendant be under the influence of alcohol while VC 23152 is more technical and requires a blood-alcohol level of .08% or higher. Keep in mind that if a person has a blood-alcohol level BELOW .08% (which means they’re not guilty of VC 23152b), they can still be found guilty on VC 23152a if their driving was impaired.
So, having a blood-alcohol level UNDER .08% does NOT guarantee that you can’t be charged or be found guilty of a DUI.
JAIL TIME: If it is the defendant’s first offense, the maximum jail time is 180 days, and it increases with each subsequent offense.
DUI – Drugs (VC 23152f)
A DUI for drugs is charged under Penal Code 23152(f) and is usually charged as a misdemeanor. In order to be found guilty under this charge, two elements need to be met:
- Defendant drove a motor vehicle
- Defendant drove the vehicle while under the influence of any type of drug
JAIL TIME: If it is the defendant’s first offense, the maximum jail time is 180 days, and it increases with each subsequent offense.
WHEN IS A SIMPLE DUI A FELONY?
In California, a simple DUI, as in a DUI with no injuries (whether for alcohol or drugs), is charged as a felony if it’s the defendant’s 4th DUI in 10 years or if the defendant had a prior felony DUI. A DUI with injuries, however, can be charged as a felony even if it is the first time the defendant is charged with a DUI.
If you have been charged with a DUI, call our firm and speak directly to a criminal defense lawyer. We take pride in our work and have a proven track record for fighting aggressively and diligently for our clients. We serve LA County, Orange County, Riverside County, San Bernardino County, and all of southern California. Call us at 213-235-7969 and see how we can help you navigate the system.
