In California, a DUI (short for “driving under the influence”) is a violation of a law that makes it illegal to operate a vehicle while impaired by alcohol, drugs, or a combination of both. This includes not only illegal drugs but also certain prescription and over-the-counter medications that can potentially impair one’s ability to drive safely. A DUI is a serious crime and can result in hefty fines, jail time, and the suspension or revocation of your driver’s license.
If you have been charged with a DUI under the California Vehicle Code 21352, then you should reach out to a DUI defense attorney as soon as possible.
Understanding Driving Offenses Involving Alcohol and Drugs Under Vehicle Code 21352
California Vehicle Code 21352 details all the scenarios that could be classified as a DUI, including driving under the influence of alcohol, drugs, or a combination of both. The law is designed to ensure that anyone who operates a vehicle while impaired, regardless of the substance, is held accountable for endangering public safety.
California Vehicle Code 23152 defines the following as illegal:
- (a) Driving a vehicle while under the influence of any alcoholic beverage.
- (b) Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- (c) Driving while addicted to the use of any drug, whether legal or illegal.
- (d) Driving a commercial motor vehicle with a BAC of 0.04% or higher.
- (e) Operating a motor vehicle with a BAC of 0.04% or higher while a passenger for hire (such as a taxi or rideshare passenger) is in the vehicle.
- (f) Driving while under the influence of any drug, including prescription or over-the-counter medications.
- (g) Operating a vehicle under the combined influence of alcohol and drugs.
Being charged with a DUI under California Vehicle Code 23152 is a grave offense that can have far-reaching consequences for every aspect of your life. A conviction can severely impact your ability to drive, restricting your mobility and personal freedom. Additionally, the social stigma associated with a DUI conviction can harm your reputation and may even jeopardize your employment prospects. The penalties for a California DUI conviction are severe, often including hefty fines, license suspension, and the possibility of jail time. Subsequent DUI convictions will come with even harsher punishments. During such a critical time, having an experienced criminal defense attorney by your side is crucial to protect your rights and fight for the best possible outcome.
Understanding California Vehicle Code 23152 (c ) – Illegal to Drive While Addicted
California Vehicle Code 23152 makes it a crime to drive while under the influence of alcohol or drugs, establishing specific blood alcohol concentration (BAC) levels and conditions under which a person is considered impaired. What is particularly interesting, however, is that California Vehicle Code 23152(c) makes it illegal for an individual to drive a vehicle if they are addicted to drugs (illegal or legal) regardless of whether they are under the influence at the time. This provision is significant because it addresses the issue of addiction independently from impairment, meaning that even a person who is not currently impaired, but has an addiction, could be charged. In such situations, anyone facing charges under this section, or anyone struggling with addiction who wishes to drive, should consult an attorney for clarification or help in preparing a defense.
Contact The Law Office of Nicolai Cocis Regarding DUI Charges
If you are charge with a DUI, you do not want to take any risk by going through the process by yourself. A skilled California DUI lawyer from the Law Office of Nicolai Cocsi can help you navigate the legal system and maintain your rights. Our founding attorney brings over 25 years of experience in successfully defending DUI cases, and our firm has a proven track record of successfully getting charges reduced, and even in some cases, dismissed entirely.
Whether through negotiations with the District Attorney or strong representation in court, our goal is to secure the best possible outcome for your case. Don’t face these challenges alone! Contact our office today to speak with a dedicated California DUI attorney and begin building your defense.
