DUI Defense CVC 23152, CVC 23153
DUI Defense Attorney Richard Wagner's impressive track record fighting California DUI charges. His success is a direct result of devoting long hours, hard work, and dedication to clients.
Clients appreciate his attention to detail and his availability. Clients love how quickly Mr. Wagner returns calls, messages, and emails.
“I want to THANK Richard Wagner for getting my 2 counts of DUI dismissed and not losing my drivers license (no restrictions). He has great knowledge of the system and how to help you through the entire process. I couldn't imagine trying to do this without him.THANKS AGAIN!” D.C., Dana Point Read what former clients have to say
Richard Wagner has helped others with DUI charges by providing a well-crafted defense strategy. Here are a few of his victories to demonstrate his skill in DUI defense.
DUI Charges in California
- VC 23152(a) DUI – driving under the influence of alcohol
- VC 23152(b) DUI – driving with a blood alcohol concentration (BAC) of .08 percent or more
- VC 23152(f) DUI – driving under the influence of a drug
- VC 23152(g) DUI – driving under the combined influence of alcohol and a drug
- VC 23153(a) DUI – driving under the influence of alcohol causing injury
- VC 23153(b) DUI – driving with a blood alcohol concentration (BAC) of .08 percent or more, causing injury
- VC 23153(f) DUI – driving under the influence of a drug causing injury
- VC 23153(g) DUI – driving under the combined influence of alcohol and drugs, causing injury
DUI Alcohol. An “alcoholic beverage” is also known as ethyl alcohol, grain alcohol, or drinking alcohol. Examples include beer, wine, brandy, vodka, whiskey, and gin. Ethyl alcohol is a clear, colorless, flammable liquid and a depressant of the central nervous system.
It is not necessary for the prosecution to prove any specific degree of intoxication, only that you were “under the influence.” This can be very confusing, especially in cases where your breath or blood results are below 0.08 percent.
DUI Drugs. When the prosecutor charges you with driving under the influence (DUI) of a drug under VC 23152f or VC 23153f, a showing of a specific measurable amount of the drug in your blood is not required.
In the 1970s, the Los Angeles Police Department introduced the Drug Recognition Expert (DRE) Program. This program was designed to help police officers identify drivers who were under the influence of drugs other than alcohol.
What Does “Under the Influence” Mean? The prosecutor must prove that your physical or mental abilities were impaired. This means that you no longer had the ability to drive a vehicle with caution. This caution must be typical of a sober person of ordinary prudence in the same or similar circumstances.
Photo by Stanislav Ivanitskiy on Unsplash
It is illegal for a person who is:
❌ Addicted to the use of any drug to drive under Section 23152c of the Vehicle Code.
❌ Under the influence of any drug to drive under Sections 23152f and 23153f of the Vehicle Code.
❌ Under the combined influence of alcohol and drugs to drive under Sections 23152g and 23153g of the Vehicle Code.
❌ Driving over the legal limit – Driving with a blood alcohol content (BAC) of 0.08% or more – Vehicle Code Sections 23152b and 23153b
DUI Defense Attorney Richard Wagner began his career as a DUI Prosecutor in Los Angeles. DUI Attorney Richard Wagner's talents extend to skillfully defending the charge of driving while having 0.08% of alcohol in your blood. Read Richard Wagner's bio.
VC 23152b and VC 23153b are sometimes called the “per se” DUI statutes. That's because politicians have criminalized driving with a specified blood-alcohol concentration (BAC).
They have said that this particular blood-alcohol level is “excessive,” regardless of whether you are legally or actually too impaired to drive.
If your blood-alcohol level is 0.08 percent or more, you could be guilty of CVC 23152b or CVC 23153b, even if you were not “under the influence.”
VC 23152d and VC 23153d say it is illegal to drive a commercial vehicle with a BAC of 0.04 percent or more.
California DUI Penalties for Commercial License Holders are Severe: A first DUI is a 1-year commercial license suspension. A second DUI is a lifetime commercial license ban. It does not matter whether you were driving a commercial vehicle when you got the DUI.
California Vehicle Code Sections 23152e and 23153e say drivers of “passenger for hire” vehicles, i.e., Uber or Lyft drivers, are prohibited from having a BAC of 0.04 percent or more.
DUI Under 21 California VC 23140 says a person under the age of 21 shall not drive with a BAC of 0.05 percent or more. VC 23136, also known as the “Zero Tolerance Law,” says a person under the age of 21 shall not drive with a BAC of 0.05 percent or more. Minors can also be prosecuted under VC 23152 or VC 23153.
It is not uncommon for someone arrested for DUI to avoid a conviction and/or license suspension. This is possible when they hire DUI Attorney Richard Wagner.
California DUI law is complicated. DUI law changes frequently. This is one area of criminal law that is not worth leaving up to an amateur attorney with little or no experience.
Avoid hiring a lawyer who dabbles in DUI defense and does bankruptcy, family law, or personal injury on the side. Don't wing it by doing it yourself.
Abraham Lincoln said, “He who represents himself has a fool for a client.” You will dig yourself into a deeper hole. You become easy prey for the prosecutor.
Having an attorney defend you from the consequences of a DUI is important. It is built into the fabric of our Constitution, “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.”
To further show how critical it is that you get an attorney to assist you with your case if you cannot afford to hire an experienced DUI defense attorney, the law says the court must provide an attorney for you.
Consequences of DUI in California
DUI cases are not something Courts in California take lightly. California DUI laws are strongly enforced, and violations carry severe consequences. One area where the DUI law changes regularly and rapidly in California is sentencing (DUI punishment).
DUI Attorney Richard Wagner is a tremendous resource regarding DUI sentencing law. He has a vast knowledge of California DUI penalties and punishments.
Call 714-421-4423 for a FREE DUI consultation to discuss the consequences of a DUI, California DUI Penalties, chemical testing, and the DMV and DUI Court processes.
