January 5, 2024 By WK MKT

California DUI Laws | Exploring PC 23152 


Are you familiar with the DUI laws in California? If not, don’t worry. In this document, we’ll give you a brief overview of these laws, including what the prosecutor must prove for a conviction, penalties, possible defenses, and how a defense attorney can help.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!

What is a DUI? 

DUI stands for “Driving Under the Influence”, and it refers to operating a motor vehicle while under the influence of drugs or alcohol. This includes both legal and illegal drugs, as well as prescription medications.

California has some of the strictest DUI laws in the country, with heavy penalties for those convicted of this offense.

In California, driving under the influence (DUI) is covered under Penal Code 23152 (PC 23152). It states that it is unlawful for a person to drive under the influence of alcohol and/or drugs.

What the Prosecutor Must Prove to Convict You 

In order for someone to be convicted of DUI, the prosecutor must prove two things:

  1. The defendant was driving a vehicle
  2. The defendant was under the influence of alcohol and/or drugs at the time of driving.

The prosecutor must also prove that the defendant’s blood alcohol concentration (BAC) was above the legal limit of 0.08%, or that their ability to drive was impaired due to alcohol and/or drugs. This can be proven through various pieces of evidence, such as blood alcohol tests, field sobriety tests, and witness testimony.

Possible Penalties 

The penalties for a DUI conviction in California can vary depending on the circumstances, such as whether it is a first offense or a repeat offense, and if there were any aggravating factors involved. However, some of the common penalties include:

  • Jail time: A person convicted of DUI may face jail time, ranging from a few days to several years, depending on the severity of the offense.
  • Fines: DUI convictions often come with hefty fines, which can range from a few hundred dollars to thousands of dollars.
  • License suspension: A person’s driver’s license may be suspended for a period of time if they are convicted of DUI.
  • Probation: Instead of jail time, a person may be placed on probation, which includes certain conditions such as attending alcohol education classes and not committing any other offenses.
  • Ignition interlock device: In some cases, a person may be required to install an ignition interlock device in their vehicle, which requires them to pass a breathalyzer test before being able to start the car.

Possible Defenses 

While DUI laws in California are strict, there are still possible defenses that can be used to fight a DUI charge. Some of these include:

  • Improper stop: If the police did not have a valid reason for pulling someone over and administering a field sobriety test, any evidence collected may be deemed inadmissible.
  • Faulty equipment: Breathalyzer tests and other equipment used to measure blood alcohol levels may be faulty, leading to inaccurate results.
  • Rising blood alcohol: In some cases, a person’s blood alcohol level may continue to rise after they have stopped driving. This can make it difficult for the prosecutor to prove that they were over the legal limit while actually behind the wheel.

How a Defense Attorney Can Help 

Navigating the legal system can be overwhelming, especially if you are facing DUI charges. Hiring a skilled defense attorney who is familiar with California’s DUI laws can greatly increase your chances of a favorable outcome. They can help build a strong defense and ensure that your rights are protected throughout the legal process. They can help by:

  • Reviewing the evidence and identifying any weaknesses in the prosecutor’s case
  • Representing you in court and negotiating with the prosecution for reduced charges or penalties
  • Building a strong defense strategy tailored to your specific case

If you are facing a DUI charge in California, it is important to seek legal representation as soon as possible.

At Wallin & Klarich, you will never be left wondering what will happen next with your case. Our attorneys will help you through each step of the process, and figure out the best strategy for your case, which will help you get the best possible outcome. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you are facing DUI charges, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to help your case.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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