One of the most expensive tickets with seemingly permanent consequences, a breach in California Vehicle Code 23152 b can leave you feeling helpless and at the mercy of the DMV and California court system. The good news: you can beat this ticket—and it’s not as difficult as you may think. Let’s take a look.
What is an offense pertaining to CA VC 23152 b?
California VC 23152 b encompasses the act of driving with a blood alcohol concentration, or “BAC” of 0.08% or higher. The sole action of driving under the influence of alcohol pertains to California Vehicle Code 23152a. A full-on DUI (driving under the influence) offense usually includes both of these breaches of vehicle code. However, we will just focus on 23152 b, regarding the 0.08% BAC penalty.
To be convicted of a DUI through Vehicle Code 23152 b, the police officer that pulled you over must be able to prove two things. They must have evidence that you drove a vehicle, and that at the time you drove, you had a BAC of 0.08% or higher. While these two facts may seem simple, examining them from a legal perspective makes the situation more complicated. The first element—that you were driving—is automatically fulfilled if an officer physically sees you driving a vehicle. This is not always the case, however. Many DUI arrests occur following a vehicular accident. Officers have also repeatedly arrested people for “driving under the influence” when they are merely sitting in a car with the ignition off. This commonly happens when Californians are sleeping in their vehicle as well. A primary factor in most DUI cases is determining if you moved your vehicle at all. You may say, “well it’s obvious I was driving, even though the officer didn’t witness my car move.” Keep in mind that a solid court-strong argument is that you parked your car, went out drinking, and sat in your vehicle to sober up before driving afterwards.
Let’s take a look at the next aspect of 23152 b. You may have a blood alcohol concentration of 0.08% if you do not have it while operating a vehicle. Therefore, you are legally allowed to have a BAC above 0.08% before and after driving. Let’s look at an example. Imagine that you are sober and you hit a parked car in a parking lot. You leave a note with your information on its windshield and drive home. You consume a few beers at home until your BAC is 0.09%. Police come to your home to question you about the incident, find you are intoxicated above 0.08%, and arrest you for a DUI. This is not a legal arrest, but this scenario occurs frequently in the state of California. This is why the two required pieces of evidence for VC 23152 b are so important—they can be the difference between incurring a hefty DUI ticket, or losing nothing but time.
How to beat your ticket for driving with a BAC above 0.08%
The simplest method of beating your CA VC 23152 b ticket is to analyze your situation and figure out if any of the two DUI requirements (discussed above) were not met. If this fails to help your case, other steps are available to you. In certain cases, you may be able to prove that your blood alcohol concentration was below 0.08% at the time of driving, but it rose over the limit after the vehicle was stopped. Traffic-stop breaches are quite common, especially with DUI arrests. Also, many officers mishandle chemical testing when it comes to alcohol. Breath testing equipment are often not calibrated or maintained to proper standards, which could help your case as well. Title 17 of the California Code of Regulations explains how DUI breath and blood tests should be performed. Therefore, Title 17 violations could dismiss your test results, making them invalid. The most effective tool to beat a California DUI ticket is to contact a DUI attorney, immediately after getting your ticket. Discuss any breaches of the legal definition of VC 23152 b, Title 17, and so on with your attorney and they will provide you with a support system to help beat your VC 23152 b ticket.
Your DUI ticket isn’t invincible
Incurring a DUI ticket in California can set back your life in many ways—financially, legally, etc. The good news is that it’s possible to dismiss your VC 23152 b ticket fully, and free yourself of the burdens that come with it. Use the information and methods discussed in this article to relinquish your ticket—hopefully a policy breach will assist your case. It is therefore important to remember to look out for breaches of traffic patrol policy, mishandling of testing equipment, and most importantly, the two factors of “driving a vehicle,” and having a BAC over 0.08% while driving the vehicle. Noticing these elements can make a huge difference in dismissing your ticket. If you have any questions regarding the dismissal of a basic traffic ticket, please contact us immediately so we can assist in beating your infraction.