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Understanding California Vehicle Code Section 23538(b)(2) VC: When DUI Becomes More Serious
Driving under the influence (DUI) is a serious criminal offense that can lead to significant penalties like jail time, fines, and community service. However, not all DUI offenses are the same. Some situations, such as motor vehicle crashes, can escalate the severity of DUI charges. One of the cases that the prosecutor may take seriously, but is surprising to some, is when a person has a high alcohol level.
Typically, it is illegal in California to drive with a blood alcohol content of .08% or more per 210 liters of breath. However, if a person has a blood alcohol level of .20% or higher at the time of their arrest, they could face enhanced charges under Section 23538(b)(2) VC. This offense is severe and carries stricter penalties than regular DUI charges.
Law enforcement considers a person caught with a very high alcohol level to have a severe drinking problem. Even if it’s a person’s first drunk driving arrest, the justice system assumes that it takes an experienced drinker to get to a higher level of intoxication. As a result, harsher penalties are imposed for higher alcohol levels to ensure intense intervention to prevent the offender from repeating the offense and pay their debt to society.
A conviction under California Vehicle Code Section 23538(b)(2) VC often involves mandatory alcohol education, where a person spends significant time learning about the dangers of drunk driving. They may also have to attend a victim impact panel to hear from people whose lives have been affected by drunk driving. These requirements must comply even in cases of first-time offenders.
Moreover, facing charges for a blood alcohol level of .20% or higher has immediate consequences when released on bond. Defendants are often ordered to alcohol monitoring, testing, or even wearing an electronic bracelet. The court may also require attending Alcoholics Anonymous meetings.
The possible penalties for driving with a blood alcohol level of .20% or higher include jail time, fines, community service, and alcohol education courses. You also face driver’s license suspension for a significant period, and you may not regain it until you complete an approved alcohol course in the State of California.
If you are facing these charges, it is essential to work with a Los Angeles DUI attorney to understand your options. They can help you explore all of your available options, from negotiating a plea to a lesser charge to getting an ignition interlock device placed in your car. They will help you get the outcome possible, given the circumstances.
Table: Possible Penalties for DUI with Blood Alcohol Level of .20% or Higher in California
| Penalty | Consequences |
| — | — |
| Jail Time | Typically between 10 days and one year. |
| Fines | Court fines can range from $390 up to $5,000 or more. |
| Community Service | A minimum of 80 hours of service-related work, which must be completed in a maximum of 90 days. |
| Alcohol Education Courses | Defendants must attend and complete a 30-hour alcohol and drug education program. |
| Driver’s License Suspension | The defendant’s driver’s license will be automatically suspended for two years. |
Don’t face these serious charges alone; contact Todd Spodek to help you find the possible outcome for your case.
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