i am 26, this is my first offense and was not given the results of my breath test. however it is my understanding that a 23152 (a charge is indicative of a BAC below .08. is that correct?
Vincent Ronald RossCriminal Defense AttorneySan Diego, CACA licensed ·
California Vehicle Code section 23152 has two components. The (a) count prohibits you from driving while under the influence of alcohol, drugs, or a combination of the two. The (b) count prohibits you from driving with a blood alcohol concentration (BAC) of .08% or more. You can be convicted of DUI with less than .08%. However, the prosecutor will usually give you some kind of a deal on a first time, low BAC DUI with no accident.
The potential penalties can be pretty severe for a DUI conviction, particularly if there are enhancements (ie. speeding enhancement, etc.). The statute includes jail times, heavy fines, and alcohol course, but deals can always be made for DUI's at plea bargain. How good of a deal can depend on your specific case and your attorney handling it. Also, although you can be convicted for a VC 23152(a) even if your BAC was below a .08, it may be a great case to take to trial. Best way to know for sure is to speak with some DUI attorneys in your area that are familiar with the criminal court that your hearings will be in.
Assuming this DUI arrest is in Santa Clara County, there is very little chance this case will not be charged. Regarding standard penalties in this county, a DUI with an alcohol level at or under .14 usually results in 5-6 days on the sheriff's work program (trash pick up), a fine of close to $2,000.00, a 32 hour DUI School and three years of probation. If you are .15 or higher add three days to the work program. Add more if you are above a .20 and or if you were in an accident.
You should consult a DUI lawyer to discuss your case. Also, make sure the DMV is contacted within 10 days and an administrative per se hearing is requested.
