Vehicle Code 23152(b) is a California drunk driving law that states that if your blood alcohol content (BAC) is .08% or higher while you are driving, you are guilty of DUI.
Vehicle Code 23152(b) states:
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
What are the penalties for violating VC 23152(b)?
Penalties for DUI in California vary depending on many factors. For the most part, DUI is a misdemeanor, but if you cause an accident which injures or kills another person, then you will be charged with felony DUI.
First time DUI penalties
Second time DUI penalties
etc
How does law enforcement measure my BAC?
If the officer has reason to suspect that your BAC is over the legal limit, then he or she will subject you to a chemical test to determine your BAC. This could either be a breath test or a blood test. Either of these tests will give the officer a reading of your BAC. If your BAC is .08% or higher, then the officer will charge you with DUI.…show more content… Breath or blood tests are not always accurate, despite what the prosecution may want you to think. There are many factors that affect these types of tests:
•Mouth alcohol refers to residual alcohol that is still in the mouth during the time the breath test was taken. Mouth alcohol will create falsely high BAC readings and because of this, defense attorneys will often use this to create a case against a DUI charge.
•The machine was broken or not properly maintained and calibrated.
