The crime of drinking and driving is divided into two laws under the California Vehicle Code: Section 23152(a) VC and Section 23152(b) VC. This article reviews the differences between the two laws, how it impacts whether a person is charged with a DUI, and the penalties for multiple DUI offenses.
What is Section 23152(a) VC?
Section 23152(a) VC is the crime of driving under the influence of alcohol or drugs while operating a motor vehicle. This is also known as a DUI. Given that alcohol and drugs can impair the driver’s ability to drive, it is illegal to drive drunk.
What is the difference between Section 23152(a) VC? and Section 23152(b) VC??
23152(b) VC is the crime of operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08%.
The difference between Section 23152(a) VC and Section 23152(b) VC is that Section 23152(a) VC does not require the driver to be over the legal limit for BAC while Section 23152(b) VC does.
However, just because a driver does not meet the threshold under Section 23152(b) VC, it does not mean that the driver is off the hook under Section 23152(a) VC. It is a crime to drive while under the influence of alcohol or drugs.
What are the signs of a drunk driver?
Even if a driver does not have a BAC of 0.08%, alcohol or drugs can still affect their ability to drive. If a driver is stopped by a member of law enforcement on suspicion of a DUI, the driver was likely:
- Driving erratically.
- Swerving.
- Drifting.
- Tailgating.
- Not signaling, signaling incorrectly.
- Not using their headlights.
- Driving past a stop sign.
- Driving on the wrong side of the road.
- Constant braking.
- Not meeting the speed limit.
- Driving close to the center line.
When the driver is pulled over, the police officer will look for the following signs that indicate drunk driving:
- Bloodshot eyes.
- Alcoholic breath.
- Slurred speech.
- Cannot walk straight.
At this time, the police officer will administer a Sobriety Test as well as a Breathalyzer which will determine whether the driver’s BAC is under or over the legal limit.
Penalties
A DUI is considered to be a misdemeanor. Given the nature of the crime and its potential to cause serious injury and damage, each time a person is found guilty of a DUI, the penalties increase in severity.
The first time a person is charged with a DUI, the penalty will typically include:
- A fine of up to $1,000.00.
- Up to six months in jail.
- Probation.
- Community service.
- Attendance at an alcohol treatment program.
- Ignition interlock system installed on the driver’s car.
The second time a person is charged with a DUI within ten(10) years of the first offense, the penalty will typically include:
- A fine of up to $1,000.00.
- Up to a year in jail.
- Probation.
- License suspension.
- Community service.
- Attendance at an alcohol treatment program.
- Ignition interlock system installed on the driver’s car.
The third time a person is charged with a DUI within ten(10) years of the first offense, the penalty will typically include:
- A fine of up to $1,000.00.
- Up to a year in jail.
- Probation.
- License suspension or revocation.
- Community service.
- Attendance at an alcohol treatment program.
- Ignition interlock system installed on the driver’s car.
Want to learn more about license suspension? “How To Check If Your License Is Suspended In California? [2024 Rules]”, discusses how to see if your driver’s license is suspended and how to potentially reinstate it.
Want to learn more about DUI expungement? “How Long Does A DUI Stay On Your Record In California [2024]” discusses how to get a DUI expunged from your record. See “Expungement in California – How to Clear Criminal Records” for further guidance.
