If you are caught driving with a Blood Alcohol Content (BAC) of 0.08% or greater, then you are in violation of California Vehicle Code 23152(b). A conviction of violating California Vehicle Code 23152(b) results in a misdemeanor charge for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The punishments for violating CVC 23152(b) vary depending on a multitude of variables, most heavily relying on whether the DUI is a first, second, or third time offense within a 10 year time period.

According to California Vehicle Code 23136, if you are under the age of 21 and arrested with any trace of alcohol in your blood (even 0.01%) you are subject to a “zero tolerance” policy”. If your BAC is 0.08% or greater, meaning you are violating California Vehicle Code 23152(b), then you will be charged for the same misdemeanor offense a driver over the age of 21.

A punishment for violating California Vehicle Code 23152(b) can result in license suspension or revocation by the DMV for 6 months to 3 years. Another punishment is being ordered to pay a fine of $390 to $1,000. Further punishment can also include imprisonment in county jail for 96 hours to 1 year. The degree of punishments depends on whether or not the conviction is a first, second, or third time offense within a 10 year period.

If you are convicted of DUI/DWI under the California Vehicle Code 23152(b) and are granted probation then the punishments are different than those applicable to a conviction. A probation period can last anywhere from three years to five years. It is against the law, if you are under probation, to drive a vehicle with any trace of alcohol in your system. It is also against the law to commit any sort of criminal offense within the probation time period. Punishments for probation can include paying a fine of $390 to $1,000 and being imprisoned for 48 hours to 1 year. The court can also order you to complete a state-licensed and approved program for drug abuse counseling that can include education, group counseling, and individual interview sessions. The DMV can suspend or revoke your license for 6 months to 3 years. If the DMV grants you a restricted license then an ignition interlock device may be required as well as proof of CA SR22 insurance.

Article written by Randy Collins, an Orange County DUI Lawyer