california vehicle code section 23152

Brittany Deanne Schuetz, 21, was sentenced to 15 years to life in prison for the DUI murder of April Junhee Whang, a 26-year-old Fullerton woman in 2009. Schuetz had previously been convicted of drunk driving in 2007 and had completed subsequent alcohol education programs.

On New Year’s Eve 2009, Schuetz sped through a red light and struck Whang’s car, killing her instantly. When police arrived, they reported the smell of alcohol on Scheutz’s breath. They also noticed bloodshot and watery eyes. Her blood alcohol content was measured as 0.24, three times the legal limit. Earlier that evening, Schuetz had consumed alcohol at a party and was driven to her car. Schuetz then got into her car and drove home, ignoring her friends’ please to not drive. Because of this, Schuetz was convicted of second-degree murder in February under the legal theory that she knew driving under the influence was dangerous to life because of her prior drunk driving conviction but did it anyway.

Under the California Vehicle Code 23152, it is illegal to drive a vehicle while under the influence of any alcoholic beverage or drug, or any combination thereof. It is also illegal under this section to drive a vehicle with a blood alcohol content of 0.08% or more. In most DUI cases, the judge and prosecuting attorney are much more likely to increase punishment when there is an accident involved. The punishment is also likely to be more severe when there is significant damage done or when a work-related vehicle is involved.

If you or a loved one have been arrested for DUI, you should speak with a DUI attorney as soon as possible. An experienced DUI defense lawyer can provide you with the best advice on how to proceed with your case and present the best defense. At Wallin & Klarich, we have represented people accused of DUI for over 30 years. Call us at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

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In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more.

This language begs the question: “What is a rebuttable presumption?” A rebuttable presumption means that the prosecution can assume that you had a .08 percent blood alcohol level at the time you were driving if, at any point within three hours after you were pulled over, you had a .08 percent or higher alcohol content. The assumption can be challenged by evidence offered by the defendant.

Practically speaking, this means that if you are pulled over by law enforcement and you refuse a breathalyzer test, law enforcement can take you into custody, and then at any point within three hours, perform a blood test.

This process can be very detrimental to defendants because blood alcohol levels peak over the passage of time. Thus, if you had your last drink 30 minutes before getting pulled over by law enforcement, it is likely that your blood alcohol level will not have peaked (be at its highest point) at the time you are pulled over. So, your blood alcohol content when you were pulled over could have been below .08 percent, but within 30 minutes (and definitely within 3 hours) it could be at or above .08 percent, leaving the prosecution with the rebuttable presumption that you had a .08 percent or higher blood alcohol content when you were driving.

While DUI cases seem relatively easy, they are in fact quite complex. For this reason, it is important to hire an experienced San Diego drunk driving defense attorney from Wallin & Klarich to defend your rights. The DUI defense attorneys at Wallin & Klarich have over 30 years of experience handling DUI cases and have the skills and expertise to provide you with the best possible defense. Our attorneys are well versed in the science and mechanics of DUIs and have a good track record with our clients. If you or a loved one has been charged with a DUI, call an attorney at Wallin & Klarich immediately. Our attorneys can be reached by phone at 888-764-2615 or through our website at www.wklaw.com. We will be there when you call.

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In California, it is a crime to drive a vehicle while under the influence of drugs or while your blood alcohol content is equal to or above .08 percent (California Vehicle Code Section 23152). There are a number of consequences and punishments that accompany a first time DUI conviction.

Section 23536 of the California Vehicle Code provides that if a person is convicted of a first time DUI, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which must be continuous. Section 23536 also provides that a person cannot be imprisoned for more than 6 months and must be punished by a fine of not less than three hundred and ninety dollars ($390) nor more than one thousand dollars ($1000).

For a first time DUI conviction, a person who is punished by imprisonment in the county jail will have the option to serve that time on days other than days of regular employment. If the court determines that the 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court will allow the person to serve the imprisonment whenever the person is normally scheduled for time off of work.

In addition to the fines and the jail time, first-time offenders will have their licenses suspended until they have enrolled and successfully completed any and all alcohol awareness programs assigned by the court. The court will refer a first-time offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including education, group counseling, and individual interview sessions.

The court will refer a first-time offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.

Whenever a person’s license is suspended, the court will advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program has been received in the department’s headquarters. Even if charges have been dismissed, your license will remain suspended until the Department of Motor Vehicles is satisfied that you are a safe driver.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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