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AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13555
Experience:  19+ Years of Legal Practice in Criminal Law.
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penalties for these offense,s 23152 (a) VC- Misdemeanor D.U.I.

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penalties for these offense,s 23152 (a) VC- Misdemeanor D.U.I. 23152(b) VC -Misdemeanor with BAC greater than 0.08% 23578 VC-BAC of 0.15%
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 6 years ago.



I am an attorney with 17+ years of legal experience and am working diligently on your answer while I await your response. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and agree to these provisions as well as's disclaimer?

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Customer: replied 6 years ago.
Yes I agree
Expert:  AlexiaEsq. replied 6 years ago.

Hi again, and thank you.


If this is a first offense, your 23152 a and b would generally be misdemeanors. CA DUI penalties for misdemeanor violations usually include (but are not necessarily limited to) the following:

  • 1. informal probation for three to five years,
  • 2. up to one year in a county jail (depending on whether it's your second or third offense, but likely not if it is your first offense),
  • 3. a base fine of about $390 plus additional court assessments
  • 4. participation in a court-approved CA DUI school
  • 5. a minimum six-month California driver's license and
  • 6. insurance repercussions
  • 7. A criminal record that sticks with you, effecting ability to secure suitable employment


If convicted of "b", you could also get:

  • 8. six-month to three-year driver's license suspension
  • 9. installation of an ignition interlock device and

If you the driver was involved in a DUI causing injury, the charge could rise to a felony, and/or if it is a 4th+ offense.


For a violation of 23578,15%, the driver is subject to enhanced penalties, including additional jail time, additional fines and if on probation, additional conditions of probation or probationary requirements.


Keep in mind, these would likely be MERGED, so you don't have 3 separate jail terms, 3 separate fines, etc. YOu would want to make sure, if pleaing, that your attorney clarifies that it is to one charge, and the others 'go away.'


Just as an added note: A driver charged with DUI has only 10 days to seek a DMV hearing - to try to prevent an immediately loss of driving privileges while the case moves forward. I would urge a driver to avail himself of that if the driving privilege is critical for, say, work/commuting etc. It is separate and aside from the criminal court procedures that will also take place.


Good luck.


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