BRM — Briarmont Municipal Code
The law of Briarmont Township and Hartwell County — 136 California offenses as they are charged here, plus the 11 local BRM ordinances. Each entry carries its citation, its class, the maximum fine and term, and whether probation or community service is available. Published with permission by the Hartwell County Sheriff's Department.
Driving Under the Influence/ Intoxication
PEN § 29.4, 647(f) – Misdemeanor
CVC § 23152 – Misdemeanor
- Maximum fine: $500
- Maximum term: 1Y
- Probation/parole at home eligible: Y
- Community service eligible: Y
It is a crime to be intoxicated or drunk in public. This offense, also referred to as public intoxication, covers a variety of drunken behavior, from aggressively picking fights while in public to being passed out on a sidewalk.
To prove that a defendant was drunk in public pursuant to PEN § 647(f), the prosecutor must be able to establish the following elements:
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The defendant was willfully under the influence of alcohol or drugs or both
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When the defendant was under the influence, he or she was in a public place
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AND the defendant was unable to exercise care for his or her own safety (or the safety of others)
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OR because the defendant was under the influence, he or she interfered with, obstructed or prevented the free use of a street, sidewalk or other public way.
Public place is a place that is open and accessible to anyone who wishes to go there. The term “public place” has been broadly interpreted by courts, and even sitting in a parked car on a public seat can satisfy this element of the statute.
In any DUI case involving alcohol, there will be two charges filed. One is CVC § 23152(a) and the other is CVC § 23152(b).
CVC § 23152(a)
This code states that it is unlawful to operate a motor vehicle while impaired due to being under the influence of alcohol, drugs or both. Prosecutors will attempt to substantiate this charge by way of the reported driving pattern and other supposedly objective signs and symptoms of intoxication that will be included in the officer's report. These "symptoms" generally include the odor of an alcoholic beverage on the driver's breath and person, bloodshot watery eyes, unsteady gait, alleged poor performance on "field sobriety tests" administered at the scene, and the driver's general appearance and demeanor.
CVC § 23152(b)
This code states that it is unlawful to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher in one's system. Prosecutors will attempt to substantiate this charge by way of chemical test results. Such tests include breath tests, blood tests, and sometimes urine tests.
In DUI cases in which only drugs are involved and not alcohol, the driver will only be charged with CVC § 23152(a), also known as the "a" count.