CMCDefense Law Blog

Have you been charged with you a DUI? If you are facing California Vehicle Code
23152 Violation, which prohibits driving under the influence of drugs or alcohol, then
MacGregor & Collins can help with your case. With 30 years of combined Orange

County Criminal Defense experience and with our continued adherence to excellence
and integrity, we are confident that our attorney’s familiarity with the Orange County
criminal defense system and with the Orange County DUI sector will work in your favor.

The Orange County law is tough with OC 23152 regulations. Violators, who are found
guilty, will face on the first offense up to 48 hours of jail time, fines up to $1000 and
assessments up to $1800, 3 years of informal probation, 3 months in an alcohol education
program, and 6 months of drivers license suspension by the DMV.

On the second offense, violators will get at least 96 hours of jail time, 10-30 days of
county jail, fines that range from $1800 to $2800, 18 months of alcohol education, 2
years of suspended drivers license.

Third-time offenders will face 120 days in county jail, fines from $1800 to $2800,
probation for 3-5 years, 3 years of driver’s license suspension by the DMV.

On the fourth offense, the DUI becomes a felony, and violations will get anywhere
from 180 days in county jail to 3 years in state prison, four years of drivers license
suspension by the DMV, 18 months of alcohol education, and additional prison time for
any person(s) injured while driving under the influence.

For the law to come into effect under the Orange County 23152 Violation, the state must
prove that the accused was driving a vehicle, and that the accused had a blood alcohol
content of 0.08% at the time of the incident.

Orange County law severely punishes those found guilty of violations of OC 23152. We
at MacGregor & Collins will help you petition for your rights. With over 30 years of
combined Criminal Defense experience and a resourceful team of attorneys, who will
help you fight your DUI charges, call us today at: (949)250-6097

A California driver charged with driving under the influence has violated California Vehicle Code 23152, which prohibits any person from operating a vehicle under the influence of drugs or alcohol. Specifically, the California Vehicle Code 23152 states; (a) 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, and (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.

Thus, in order for the state to successfully prosecute a driver for a California Vehicle Code 23152 violation, the state must prove the driver was operating a vehicle, and at the time of the incident the driver had a blood alcohol content of 0.08 percent or greater. Additionally, for prosecution purposes, the state has been allowed a rebuttal presumption that presumes at the time of the incident a driver had a blood alcohol content of 0.08%, if the driver had a blood alcohol content of 0.08% at the time a breathalyzer test was administered.

In the event a driver is found guilty of violating California Vehicle Code 23152 the driver will either be convicted of a misdemeanor or felony DUI, depending upon the circumstances surrounding the particular situation at bar. A driver will be charged with a misdemeanor violation for their first, second, or third DUI offense. However, a misdemeanor DUI will be upgraded to a felony violation when the driver has; (1) committed a crime or neglected his or her legal duty, (2) been involved in an accident that injures or kills another person, or (3) been arrested of their fourth DUI violation within ten years.

Moreover, it is important to note that the minimum penalties for a California Vehicle Code 23152 violation will vary primarily depending upon whether the driver has had prior DUI convictions and/or whether this particular offense is considered a felony DUI. Additionally, the variation in penalties for a California Vehicle Code 23152 first-time offense to a felony offense range from increased fines, increased jail time, longer probationary periods, and a prolonged driver’s license suspension period.

Thus, without question California Vehicle Code 23152 violations are serious matters and if left in the wrong hands these charges can be very difficult to overcome. Fortunately, we at MacGregor & Collins, LLP, your Orange County DUI lawyers, have over 30 years of combined DUI criminal defense experience and are prepared to provide you unparalleled legal representation during this difficult time. Call us today at 949-250-6097.