Guest Post Columnist: Christopher J McCann an Orange County criminal defense DUI lawyer
So what does this code refer to? Cal vehicle code 23152 states it is completely illegal for anyone that is under the influence of drugs or alcohol or both to drive any vehicle. This is based on it being illegal for any individual that has (by body weight), 0.08% or more of an alcoholic beverage in the blood stream to drive any vehicle. This numerical figure is also referred to as the blood/alcohol level. Regardless of how coherent a person is, if the blood/alcohol level of said person is beyond 0.08%, then the person would be in violation of this code an, subsequently, in violation of the law.
When a decision is made to prosecute under this code, it is an assumption that the man or woman accused had a 0.08% or more in the blood when operating the vehicle and this may be established by a test after driving the vehicle. The test may be given up to three hours after the incident.
This law changes slightly when someone is driving a commercial vehicle in California. Specifically, the amount of alcohol in the blood will drop from 0.08% to 0.04%. The laws regarding commercial vehicles might be stricter. As it could lead to a serious accident or injury caused when driving larger commercial vehicle impaired.
With so many marijuana dispensary stores popping up in California, more arrests are being made for DUI drug offense from prescription for marijuana. This has bin a debate on if this person arrested can operate a car or truck or motorcycle when suffering from a controlled substance as marijuana.
Those that have been arrested and are facing charges for violation of this vehicle code 23152 should retain the services of qualified DUI lawyer in California. The punitive actions for violations of this law can be severe. As such, hiring the right DUI CA attorney for the case is a must to at least consider and take a free consultation to evaluate your defense against your Cal vehicle code 23152 arrest.
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