DUI Lawyer in Orange County
The main drunk driving statute for California, California Vehicle Code Section 23152, takes on a new look in 2014, but the substance is still the same. Most Orange County DUI Attorneys can almost cite section 23152 verbatim. And it has long been true that we DUI attorneys refer to “the A count” to refer to the part of the DUI law that makes it illegal to drive with any drug or any level of alcohol in your system such that the driver can no longer driver with the same care and caution customary of a sober person. (field sobriety tests are important here) The “A count” was the primary charge by the District Attorney where a person was charged with driving under the influence of a drug (DUI drugs ). If the person had no alcohol in their system, they would only be charged with the A count. The A count was also called the “lightweight count” because even if a driver has a blood-alcohol level below a 0.08% on a blood test or a breath test, the driver can still be found guilty of a DUI at a jury trial in the Orange County court. The “B count” on the other hand has always been recognized by drunk driving lawyers as that part of the DUI law that prohibits any person from driving with a blood-alcohol level of 0.08% or greater, no matter how little they may be impaired by the alcohol on board.
The new language of Vehicle Code Section 23152, the drunk driving statute, now eliminates this shorthand from the vernacular of Orange County DUI lawyers—at least with respect to driving under the influence of drugs or “DUI drugs”. The new section still makes it illegal to drive under the influence of alcohol, but says nothing about driving under the influence of drugs. For some reason, the legislature has found it necessary to give the offense of DUI drugs its own subsection. Subsection (e) of section 23152 now states “it is unlawful for a person who is under the influence of any drug to drive a vehicle.” The reason for the change is a mystery.
Moreover, the A count used to specifically address the offense of driving under the influence of a combination of drugs and alcohol. That offense has also been given its own subsection. Subsection (f) of section 23152 now makes it a separate offense. It states: “it is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” DUI Lawyers in Orange County will now have a new shorthand for the various offenses; the A count now only means driving under the influence of alcohol, regardless of the tested blood-alcohol level. The B count still means driving with a blood-alcohol level of 0.08% or greater, the E count will now mean that the person is accused of driving under the influence of a drug (drug DUI) and the F count will refer to the situation where the driver has both alcohol and drugs on board and was too impaired to drive, regardless of the blood-alcohol level. The C count still makes it illegal for a person who is addicted to a drug to drive with that drug on board and the D count still criminalizes driving a commercial vehicle with a blood-alcohol level above a 0.04%.
Thus, a person could conceivably be charged with six counts of DUI all stemming from one single act of driving. Of course, even if a person were convicted of all six counts, he or she could only be punished once. This single punishment rule is found in penal Code Section 654.
If you face any of the above DUI charges, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced DUI Attorneys in Orange County. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
criminal defense lawyers in Orange County
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