Vehicle Code 23152(b)

What is Vehicle Code 23152(b)?

Vehicle Code 23152(b) is a California drunk driving law that states that if your blood alcohol content (BAC) is .08% or higher while you are driving, you are guilty of DUI.


Vehicle Code 23152(b) states:
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.


What are the penalties for violating VC 23152(b)?

Penalties for DUI in California vary depending on many factors. For the most part, DUI is a misdemeanor, but if you cause an accident which injures or kills another person, then you will be charged with a felony DUI.


How does law enforcement measure my BAC?

If the officer has reason to suspect that your BAC is over the legal limit, then he or she will subject you to a chemical test to determine your BAC. This could either be a breath test or a blood test. Either of these tests will give the officer a reading of your BAC. If your BAC is .08% or higher, then the officer will charge you with DUI.


Are breath/blood tests always accurate?

Breath or blood tests are not always accurate, despite what the prosecution may want you to think. There are many factors that affect these types of tests:

  • Mouth alcohol refers to residual alcohol that is still in the mouth during the time the breath test was taken. Mouth alcohol will create falsely high BAC readings and because of this, defense attorneys will often use this to create a case against a DUI charge.
  • The machine was broken or not properly maintained and calibrated.
  • Your blood sample was improperly collected or stored.
  • Your blood sample was contaminated.

Since the prosecution must prove “beyond a reasonable doubt” that you were DUI, proving that the BAC test was inaccurate would clear the charges against you.

How can I fight a VC 23152(b) charge?

There are several ways you can fight a VC 23152(b) charge. Since part of the main evidence against you during a DUI case is the BAC test you took when you were pulled over, if your defense attorney can prove that the BAC test was inaccurate, or that your BAC was below .08% at the time you were driving, then the DUI charges against you may be dropped. To prove that the test was inaccurate, the defense attorney can show that either you had residual alcohol in your mouth during the breath test, which would make the test inaccurate, or that the machine itself was improperly calibrated, which may have resulted in you BAC measurement being higher than .08%. In some cases, when a person is pulled over for DUI, his or her BAC is still rising because the person’s bloodstream is still absorbing the alcohol. This means that the person’s BAC may not have been .08% or higher at the time when he or she was driving. If your attorney can establish that any of these instances were true, then the DUI charges against you would be dropped.


What should I do if I’ve been charged with DUI?

If you have been charged with DUI, there are many ways to fight this charge in court. This is why a skilled DUI attorney is essential to helping you win your case. Lisa Z. Liu has helped many of her clients successfully fight Vehicle Code 23152(b) charges in court and she will personally handle your case. Contact the Law Offices of Lisa Z. Liu for a free, confidential consultation today.