Greater than .15% BAC is No Enhancement for First DUI Offense

Often, when a person is arrested for DUI, the first thing the officer (or defendant) is concerned with is what their Blood Alcohol Concentration (BAC) was at the time of driving. California Vehicle Code §23152(b) makes it illegal to drive with a BAC of 0.08% or greater. Added to this violation, many district attorney’s and judges falsely believe that there is an “enhancement” for those drivers found with a BAC in excess of 0.15% BAC.

These “authorities” (note the sarcasm) are relying on California Vehicle Code §23578 which states “…if a person is convicted of [DUI], the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more … as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.” Note that there is no MANDATE for the judge to do so. It merely states that the judge “may” justify enhancing a penalty by considering an increased BAC above 0.15%. It should also be noted that this provision ONLY APPLIES TO FIRST TIME DUI OFFENDERS! There is no such provision for repeat or multiple offenders.

In 2007 the California legislature attempted to get the MANDATORY enhancement, under the previous §23578, reduced from a .20% BAC down to a .15% BAC. Unfortunately they did not have enough votes. The result is that a compromise was worked out which has become the amended CVC §23578. The point to make with the court is that since the LEGISLATIVE branch was not able to pass a law requiring enhanced penalties for BAC in excess of 0.15%, it is improper for the Judiciary and/or the EXECUTIVE to try and pass it themselves by imposing such “enhancement’s” for BAC’s above 0.15% without specific authorities to do so.

If you have been arrested for DUI and you are facing an enhanced penalty for a BAC greater than 0.15%, you need to hire an attorney that knows the law and understands how the law must be applied. The DUI attorneys at Houston Law of California have successfully handled numerous clients facing similar charges. Do not wait until the night before your court date to call an attorney. You need to call NOW. Call Houston Law of California now at 714-841-3921 so we can assist you with all of the issues you are facing as a result of your arrest for DUI and make sure that you are not facing improper charges from the District Attorney. Call now!