Standard Misdemeanor DUI

California Vehicle Code Sections 23152(a), 23152(b)

A standard arrest for a DUI in California will typically result in two separate misdemeanor charges:

  1. § 23152(a): Driving under the influence of alcohol.
  2. § 23152(b): Driving with a blood alcohol content of 0.08% or greater.

Elements – What does the prosecution have to prove in a DUI?

While there is overlap, the elements that must be proved for each charge vary slightly.

1. 1. California Vehicle Code § 23152(a): Driving Under the Influence
In order to be convicted of driving under the influence under California Vehicle Code section 23152(a), the prosecution must prove two things:

  1. (1) You drove a motor vehicle; and
  2. You were under the influence of alcohol or drugs at the time you drove.
    You are legally under the influence if "as a result of drinking an alcoholic beverage, your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances."

    In determining whether or not you are under the influence, there are many factors to consider like the manner in which you were driving, your blood alcohol content, whether you smelled like alcohol or slurred your words when talking with the police. The manner in which a person is driving is not enough, by itself, to determine you were under the influence.

2. California Vehicle Code § 23152(b): Driving with a BAC of 0.08% or greater
In order to be convicted of driving under the influence under California Vehicle Code section 23152(b), the prosecution must prove two things:


  1. You drove a motor vehicle; and
  2. When you drove, your blood alcohol content was 0.08% or greater. Unlike a violation of 23152(a) where the prosecution must prove that you were "under the influence of alcohol", under 23152(b) the prosecution must prove that your blood alcohol content level was .08% or great at the time you were driving.

Even when your blood alcohol content test results were 0.08% or greater, it is important to have a skilled DUI lawyer review the discovery and conduct investigation. Just because your BAC was 0.08% at the time of your test does not mean it was above the legal limit while you were driving. Additionally, Bay Area counties have had problems with maintaining and calibrating their testing devices.

DUIs can be complicated and scientifically technical cases – it is important to have a qualified attorney evaluate your case and assist you in the process of reducing and fighting these charges.

Our defense lawyers at Hamasaki Law will guide you through the process from the moment we are contacted until your matter is resolved. Our lawyers will take the time explaining your various options, and we will work together to determine the best approach to fighting your case. Contact us now to discuss your case and let us help you through the process.

CALL US TODAY. OUR DUI LAWYERS ARE HERE FOR YOU.
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