People are surprised by the myriad of driving under the influence offenses and charges. Even in this day and age, clients will come into my office and tell me they have been arrested for a 502. This definition has not been used for at least 30 years. The most common phrase is "deuce".
The history of the phrase "deuce" is vague. Many people, however, believe that because the dui vehicle code section has a 2 at the beginning and at the end (23152), "deuce" was the perfect term. Others believe "deuce" originated from the idea that most individuals, when stopped for a dui, say they only had 2 drinks.
Even though C.V.C. section 23152 is the proper code section, there are 2 actual charges: C.V.C. 23152(a) – driving under the influence and C.V.C. 23152(b) – driving with a blood alcohol of 0.08 percent or greater. When prosecuted for driving under the influence, these are two separate and distinct misdemeanors.
Further, a DUI can be filed as a misdemeanor or a felony. Misdemeanors can entail local jail time and felonies can entail time in prison.
C.V.C. 23152(c) makes it illegal for a person to operate a motor vehicle when he/she is addicted to a drug.
In addition to a blood alcohol level of 0.08 percent, it is against the law to operate a commercial vehicle with a blood alcohol level of 0.04 percent or more (C.V.C. 23152(d)).
When referring to driving under the influence, this means drugs as well as alcohol. Some drugs can adversely affect a person's ability to operate a motor vehicle.
C.V.C. 23140 is an infraction prohibiting persons under age 21 to operate a motor vehicle with a blood alcohol level of 0.05 percent or greater. C.V.C. 23136 prohibits persons under age 21 from operating a motor vehicle with a blood alcohol level over 0.01 percent.
In addition to the many different charges, there are also many different penalties, both in court and through the DMV. I will leave this to a future paper.
Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with a DUI. Put his 30 years of experience and knowledge to work for you.