Vehicle Code 23152(e) DUI of Drugs
What is Vehicle Code 23152(e)?
Vehicle Code 23152(e) states that it is a crime in California for taxi, limo, and ride-share drivers to drive with a BAC of 0.04% or higher when a paying passenger is present. This means that you cannot drive when you have an elevated BAC, even if you are not actually intoxicated or displaying symptoms of intoxication.
Vehicle Code 23152(e) reads:
(e) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle.
What are the penalties for violating VC 23152(e)?
The penalty for violating VC 23152(e) may vary depending on whether an injury resulted and if you have had prior convictions. Penalties include 6 months-16 years of imprisonment, suspension of your driver’s license for up to 4 years, DUI school classes for at least three months, and loss of the right to drive for taxi, limo and ride-sharing companies.
What does the prosecution have to prove to convict me of VC 23152(e)?
To convict you of violating VC 23152(e), the prosecution must prove:
- You were driving a vehicle, and
- You had a BAC of 0.04% or greater, and
- When you drove, a passenger for hire was present in the vehicle.
How can I fight a VC 23152(e) charge?
There are several ways to fight a VC 23152(e) charge. One defense is that there were no passengers for hire in the vehicle. Another common defense is that the traffic stop or arrest was illegally made. Furthermore, the breath or blood test for measuring BAC may have been improperly performed.
What should I do if I’ve been charged with DUID?
It is essential to find an experienced attorney as soon as possible. A skilled attorney may be the difference between keeping your license and losing it. Attorney Lisa Z. Liu has helped many of her clients successfully fight DUI cases in court and she will personally handle your case. Contact the Law Offices of Lisa Z. Liu for a free, confidential consultation today.