DUI CHARGING STATUTES
CHARGING AND SENTENCING STATUTES INFORMATION:
It is highly recommended that you know the charges against you and that you learn as much as you can about them. You should also educate yourself about the legal process. It is our opinion that the Attorney-Client relationship is more efficient when both parties understand what they are dealing with. Having said this, we also understand that it is our responsibility to educate the client about the law and procedure so that they can make intelligent and well informed choices in their case.
Most DUI cases are carry two charges: 23152/3 (a) and 23152/3 (b). Many people don't understand the difference between the two. What we in the field call the "B" count, alleges an alcohol level of .08 or higher and if true you will be found guilty of a DUI. The "A" count alleges that your ability to drive was impaired by alcohol regardless of your alcohol level (you must have some alcohol but there is no need to prove that you were over a .08). The "A" count is usually proved by your performance on the Field Sobriety Test as well as the results of the chemical test.
The reason why the government charges you with two counts in most DUI prosecutions is simple, if they can't get you with one, they will try and get you with the other.
The following is a list of statutes found in the Vehicle Code that deal with driving under the influence both as misdemeanors and felonies, both for charging and sentencing:
These statutes set forth a definition of the misdemeanor and felony drunk driving, along with a few related sections.
The so-called "zero tolerance" law applying to drivers under 21 with 0.01% blood-alcohol.
Drivers under 21 with blood-alcohol of 0.05% or greater.
DUI "sentencing" in juvenile court.
Further provisions for those convicted of Section 23140 (drivers under 21).
Sentencing provisions for misdemeanor DUI.
Sentencing provisions for felony DUI.
Additional penalties ("enhancements") in misdemenaor drunk driving cases.
Provisions requiring installation of "ignition interlock devices" (IIDs).
Further describes requirements for installing court-ordered ignition interlock devices.
More sentencing provisions.
Laws governing probation in drunk driving cases.
The "implied consent" provisions for taking blood, breath or urine samples.
The use of "prior convictions" to increase DUI punishment.
Lawful use of a drug is not a defense to driving under the influence of drugs.
Court-ordered "alcohol education" programs