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When you get arrested for a DUI in southern California, you are usually arrested for two separate vehicle code sections: VC 23152(a) and VC 23152(b).  Each offense is defined below.  One reason why both crimes are alleged is because it possible to have a situation where you are under the influence of a drug and not alcohol, in which case the prosecution would not succeed in charging you with Driving with a .08 Blood Alcohol level or higher in the Los Angeles or Orange County area.  In this case the appropriate charge would be VC 23152(a).  With a skilled VC 23152(a) Orange County and Los Angeles DUI defense attorney however, this charge is much more difficult for the prosecution to prove.  They often rely on drug recognition experts to prove their case.  After having worked as a former prosecutor for several years, Southern California Criminal Defense Attorney Ryan Rodriguez knows how to effectively discover the weaknesses in the prosecution’s case and prove your innocence of the charges.

If you are driving with a .08 or higher in Orange County and Los Angeles, then the prosecution charges both code sections VC 23152(a) and VC 23152(b).  Your blood alcohol level is measured by either a Breathalyzer test or blood test, depending on which you chose.  A skilled Los Angeles and Orange County DUI defense attorney knows how to attack the reliability and validity of the Breathalyzer. 

Driving Under the Influence [VC §23152(a)]
in the Southern California area

It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. 


To prove that the individual is guilty of this crime, the Prosecution must prove that:

1 The individual drove a vehicle;

AND

2 When (he/she) drove, the individual was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug].

A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug]. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.

An alcoholic beverage is a liquid or solid material intended to be consumed that contains ethanol. Ethanol is also known as ethyl alcohol, drinking alcohol, or alcohol. [An alcoholic beverage includes <insert type[s] of beverage[s] from Veh. Code, § 109 or Bus. & Prof. Code, § 23004, e.g., wine, beer>.

A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.

If the Prosecution has proved beyond a reasonable doubt that the individual's blood alcohol level was 0.08 percent or more at the time of the chemical analysis, a jury may, but is not required to, conclude that the individual was under the influence of an alcoholic beverage at the time of the alleged offense.

It is not a defense that the individual was legally entitled to use the drug.

Driving With 0.08 Percent Blood Alcohol [VC §23152(b)]

It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

To prove that the individual is guilty of this crime, the Prosecution must prove that:

1 The individual drove a vehicle;

AND

2 When (he/she) drove, the individual's blood alcohol level was 0.08 percent or more by weight.

If the Prosecution have proved beyond a reasonable doubt that a sample of the individual's (blood/breath) was taken within three hours of the individual's [alleged] driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the individual's blood alcohol level was 0.08 percent or more at the time of the alleged offense.

Our Southern California DUI attorneys know DUI arrests can be embarrassing and do everything possible to handle this confidential matter in a sensitive manner. If you have been accused of a DUI in Los Angeles and Orange County - driving under the influence of alcohol or drugs in Los Angeles and Orange County, you need to speak with an Orange County and Los Angeles DUI lawyer immediately.  Please call the Law Offices of Ryan Rodriguez. With the knowledge and experience we have, we aggressively and successfully protect your rights and your freedom.

Southern California Defense of Crimes & Drunk Driving

Orange County and Los Angeles Criminal Defense Attorney
Contact DUI Defense Lawyer Ryan Rodriguez

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Orange County Office Phone: 949-335-5433 Fax: 949-242-2515
Los Angeles County Office Phone: 213-487-8510 Fax: 213-487-8511