A Los Angeles DUI lawyer should be familiar with the various DUI laws in California.
Understanding California Vehicle Code 23152, the DUI law, from a Los Angeles DUI lawyer’s perspective.
The California vehicle code is full of all sorts of laws governing driving on California’s public roadways. These laws include laws against speeding, against reckless driving, un-safe lane changes, following too closely to other cars and other hazardous driving behavior. As a DUI attorney, I most often deal with CVC 23152, the driving under the influence law.
There are really two laws in one when dealing with CVC 23152. CVC 23152(a) is commonly known as the “a” count, and it prohibits driving under the influence of alcohol or drugs. CVC 23152 (b) is known as the Per-se law. CVC 23152 (b) basically makes it a crime to drive a vehicle while your blood alcohol content is above 0.08%, regardless of whether you are too impaired to drive.
As a Los Angeles DUI lawyer, I deal with these two laws regularly and understand the defenses available in each.
A closer look at CVC 23152 (a).
CVC 23152(a) makes it a crime to drive a vehicle on public roadways when you are impaired. The idea behind this is to prohibit dangerous conduct surrounding driving a car while under the influence of alcohol. You can have a blood alcohol level of 0.01 or 0.31 it really makes no difference when analyzing the situation under CVC 23152. The name of the game is impairment. If you’re too impaired to drive you are violating CVC 23152 (a).
A closer look at CVC 23152 (b).
Whereas the CVC 23152(a) was concerned with whether you’re too impaired to drive, CVC 23152 (b) analysis centers on the blood alcohol level of the driver, regardless of impairment. Some people have such high alcohol tolerance that even levels as high as 0.30 don’t really throw them off balance. In those situations, the person may in-fact not be impaired but the law still treats them as too impaired to drive.
For more information on how to beat these two charges, call a Los Angeles DUI Lawyer at 213-400-0358.