Driving under the influence of alcohol or drugs is a serious offense under California law. It involves operating a vehicle while intoxicated. California DUI laws set specific blood alcohol content limits for different drivers. This includes 0.08% for adult drivers. 0.04% for commercial drivers and 0.01% for underage drivers.
You could face arrest and criminal charges if you exceed these limits or if your driving conduct is impaired. You could face felony or misdemeanor charges for your DUI, depending on the circumstances and your criminal history. A conviction for DUI can result in incarceration, fines, and driver’s license suspension.
Also, you will have a permanent criminal record. If you face DUI charges in San Diego, CA, you will need the guidance of a seasoned Camp Pendleton North DUI lawyer. At San Diego DUI Attorney, we will offer the expert legal services you need to fight the charges and avoid conviction.
Standard DUI – Vehicle Codes 23152(a) and 23152(b)
A standard DUI is the most common drunk driving offense in California. It applies to adult drivers holding a standard driver’s license.
- Vehicle Code 23152(a) makes it illegal to operate under alcohol influence.
- Vehicle Code 23152(b) makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
To secure a conviction against you under VC 23152, the prosecuting attorney must prove these elements:
- You drove a car
- You were ontocivated
- Your BAC was 0.08% or more
The penalties you will face after a conviction under this statute will vary depending on your criminal record. They include:
First DUI Offense
A conviction for a first DUI will result in the following penalties:
- Maximum of 6 months in jail
- $390–$1,000 in fines
- License suspension for 6 months
- 3 to 9 months of DUI school
- Possible probation for 3 to 5 years
Second DUI Offense
For a second DUI offense within ten years, a conviction can attract the following penalties:
- Up to a year in jail.
- $390–$1,000 in fines.
- License suspension for up to two years.
- 18 to 30 months of DUI school.
- Ignition interlock device (IID) for up to a year.
Third DUI Offense
If you are charged with a third offense DUI within ten years, you can face the following penalties after a conviction:
- 120 days to 1 year in jail.
- $390–$1,000 in fines.
- License suspension for 3 years.
- 30-month DUI program.
- IID for 2 years.
Commercial DUI – Vehicle Code 23152(d)
You can be arrested and charged with commercial DUI if you operate with a BAC of 0.04% or higher. The prosecution can secure a conviction for this offense by proving the following elements:
- You were driving a commercial vehicle.
- Your BAC was 0.04% or higher.
A conviction for a first commercial DUI offense results in the following penalties:
- A jail sentence of up to six months
- $390–$1,000 in fines.
- 1-year suspension of your commercial driver’s license.
- DUI school for 3 to 9 months.
- Possible IID requirement.
A second DUI can result in lifetime disqualification from holding a CDL, even if you were driving your personal vehicle.
Underage DUI – Vehicle Codes 23136 and 23140
California has zero tolerance for underage drinking and driving. Therefore, drivers under twenty-one years old could face DUI charges for operating with a measurable BAC. The statutes that address underage DUI include:
- Vehicle Code 23136. This statute makes it illegal for drivers under 21 to drive with a BAC of 0.01% or higher.
- Vehicle Code 23140. This statute applies when a driver under 21 has a BAC of 0.05% or higher.
Before a conviction for underage DUI, the prosecution must prove that:
- You were under 21 years old.
- You drove with a BAC of 0.01% or higher for VC 23136
- You drove with a BAC over 0.05% for VC 23140
A conviction under VC 23136 may not result in jail time. However, you could face a 1 year driver’s license suspension. A violation of VC 23140 can result in:
- Fines of up to $100
- Mandatory alcohol education program (3 months)
- 1-year license suspension
If BAC is 0.08% or higher, you could face standard DUI charges under VC 23152.
DUI Causing Injury
Under California Vehicle Code 23153, DUI causing injury applies when a driver under the influence causes injury to another person. The prosecution must prove the following elements to secure a conviction for DUI causing injury:
- You drove under the influence of alcohol or drugs, or with a BAC of 0.08% or higher
- While driving, you committed an unlawful act or neglected a legal duty
- Your actions caused bodily injury to another person
DUI causing injury is a wobbler. The prosecution can file a misdemeanor or felony charge against you. As a misdemeanor, violating VC 23152 can result in the following penalties:
- Up to one year in county jail
- $390–$5,000 in fines
- Restitution for injured parties
- License suspension for one year.
- DUI school for 3–30 months
If you face a felony for DUI causing injury, you will face the following penalties:
- 16 months, 2 or 3 years in prison
- An additional 1–3 years if the victim suffers a significant bodily injury
- Up to $5,000 in fines
- Driver’s license suspension for 3 to 5 years
- Habitual traffic offender status
DUI Murder
Under California Penal Code 187, DUI murder is a type of second-degree murder. It applies when a drunk driver causes an accident that causes another person’s death. To prove the “Watson murder,” prosecutors must prove these elements:
- You drove under alcohol or drugs influence
- Your actions caused the death of another person
- You acted with implied malice. This means you knew that driving under the influence could put others at risk.
A conviction for DUI murder results in the following penalties:
- 15 years to life in state prison.
- $10,000 fine.
- Permanent driver’s license revocation.
- Restitution to victims’ families
If multiple victims die, the court may impose additional consecutive prison terms of 3 to 6 years for each victim. If you face charges for DUI murder, you will need the guidance of a reliable Camp Pendleton North DUI attorney.
Administrative Driver’s License Suspension for DUI in California
There are separate actions when you face an arrest for driving under the influence (DUI) in California. One is the criminal case handled in court, while the other is an administrative driver’s license suspension managed by the California Department of Motor Vehicles (DMV).
The DMV process is separate from the court case and focuses only on your driving privilege. The DMV attempts to suspend or revoke your license immediately after the arrest. If your BAC exceeds the legal limit or you refuse the chemical tests, an arresting officer will confiscate your license. In return, you receive a pink “Notice of Suspension” form, a temporary license for 30 days.
The notice informs you that your license will be automatically suspended after 30 days unless you request a DMV hearing. You have 10 days from the date of the arrest to contact the DMV and request a hearing. The hearing allows you to fight the suspension and present your story. If you do not ask for it within 10 days, the DMV will suspend your license after 30 days.
The DMV Hearing Process
The DMV hearing is not as formal as a court trial. It is usually held over the phone or at a DMV Driver Safety Office. At the hearing, you could have an attorney represent you. The hearing officer will review the evidence, including:
- Your BAC results
- Police report
- Whether the officer had a valid reason to stop you
You can also submit your own evidence or challenge the accuracy of the tests. The hearing officer decides whether your license suspension should be upheld or dismissed. When deciding on your administrative license suspension, the officer will focus on the following questions:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested?
- Was your BAC over the legal limit
- Did you refuse to take a chemical test?
If the officer determines that the arrest and test results are valid, the suspension will remain. Your Camp Pendleton North DUI attorney may argue for reinstatement if there were procedural errors. The administrative license suspension period depends on your record and the details of your case:
- First offense. For a first-offense DUI, you could face a four-month administrative license suspension. If you refuse the test, the suspension period will increase to one year.
- Second offense. For a second DUI offense within ten years, you will face a one-year administrative license suspension.
- Third offense. A third or subsequent DUI can result in an administrative license suspension of three years or longer.
- Commercial DUI. The DMV imposes a one-year suspension for a first-time commercial DUI. A second commercial DUI will result in a lifetime revocation of your license.
- DUI causing injury. A first offense results in a one-year suspension. If you have prior DUI convictions within ten years, the suspension can extend to two or three years.
- DUI murder. Losing the DMV hearing results in a permanent revocation of your driver’s license for DUI murder.
After your suspension, you may be eligible for a restricted license. The license allows you to drive to work or DUI school. To qualify, you must enroll in a DUI program and file proof of insurance (SR-22 form). You must complete specific steps to reinstate your license when your suspension ends. This includes:
- Paying a reinstatement fee,
- Filing an SR-22 insurance form
- Completing any court-ordered DUI education program
Defenses Against DUI Charges in California
The consequences of a conviction for DUI go beyond incarceration and fines. You could lose your driver’s license and have a permanent criminal record. For this reason, you must aggressively fight the charges to avoid a conviction. The following are common defenses that your Camp Pendleton North DUI lawyer can present in your case:
- Unlawful traffic stop. Police in California must have a valid reason to stop your vehicle. If the officer lacked probable cause, the court could dismiss the evidence collected after the stop. An unlawful stop can lead to a dismissal of your DUI case.
- Faulty breathalyzer test. Breathalyzers need to be appropriately maintained and calibrated. If the device was faulty or the officer had not followed testing procedures, then you can say your BAC results were incorrect.
- Rising blood alcohol level. Alcohol levels in the body continue to rise after drinking. Your BAC might have been under the limit while driving, but increased before testing.
- Improper field sobriety tests. Officers must provide clear instructions and follow proper procedures during field sobriety tests. Poor road conditions, fatigue, or medical issues can affect your performance.
- Medical conditions. Certain medical conditions can cause symptoms that mimic intoxication. These conditions include diabetes, acid reflux, and ketosis. Proving that medical conditions caused the high BAC test results will require you to present medical reports.
- Lack of evidence of driving. Before a conviction for any DUI charge, the prosecution must establish that you operated a vehicle. You cannot be convicted of DUI unless it is proven that you were actually driving.
DUI Plea Bargaining in California
Plea bargaining is an agreement between the defendant and the prosecutor to resolve a DUI case without going to trial. In this process, the defendant pleads guilty or no contest to a lesser charge. Plea bargains are a common way to settle DUI cases. The plea deal can help you avoid the time, cost, and uncertainty of a full trial.
You or your attorney must negotiate with the prosecutor to obtain a plea deal. Your lawyer will review the evidence against you to determine which plea to request. The evidence could include:
- BAC test results
- Field sobriety test results
- Police reports
The strength of the evidence that the prosecution has against you and your criminal record will influence the deal. Sometimes, the prosecutor can propose a plea deal. This can occur when you do not have enough evidence to secure a DUI conviction against you. You should avoid entering a plea deal without the insight of a DUI attorney. If you are a first-time offender with a low BAC, you have a better chance of securing a favorable plea bargain.
Common plea deals for DUI under California law include:
Wet Reckless
A “wet reckless” plea means you admit to reckless driving involving alcohol. Wet reckless carries lighter penalties than a standard DUI. Also, you may face lower fines, shorter probation, and less time in DUI school. But if you are charged with another DUI later on, it still counts as a prior offense.
Dry Reckless
A “dry reckless” plea involves reckless driving without any mention of alcohol or drugs. It is less severe than a “wet reckless” and does not affect your driving record like a DUI. Also, dry recklessness will not count as a prior DUI if you are arrested again.
Exhibition of Speed
If you face charges for DUI in California, you could enter a plea for exhibition of speed. This plea deal involves pleading guilty to speeding or engaging in a speed contest. A conviction for the offense results in minimal penalties. These include a fine or short probation and no license suspension.
Open Container or Simple Traffic Violation
If the evidence is not substantiated against your DUI charge, the prosecutor may agree to give your DUI charge an open container or simple traffic violation. This penalty is minimal and may not appear on your criminal record.
Benefits of Plea Bargaining
The following are some benefits of entering a plea deal for your DUI charge:
- Reduced penalties. Plea deals can lead to fewer fines, less jail time, and shorter probation. Additionally, it can reduce the length of DUI school.
- Lesser charges. You may avoid a permanent DUI mark on your record by entering a plea for a lesser offense. Like reckless driving, a reduced charge looks much better to employers and insurance companies.
- License protection. Some plea deals, like a dry reckless or exhibition of speed, do not result in a driver’s license suspension. This allows you to continue driving legally.
- Less impact on future opportunities. A reduced charge, like dry reckless, will have fewer long-term effects on your job, insurance, and background checks.
Find a Competent Camp Pendleton North DUI Defense Lawyer Near Me
Facing a DUI charge can be stressful and confusing. Whether you face a standard DUI, a commercial DUI, or a case involving injury, the consequences are severe. The stakes are high for defendants facing charges for drunk driving in California. Besides spending a significant amount of time behind bars, you can lose your driver’s license due to a revocation or suspension.
After a conviction, the DUI charge will enter your criminal record, which is accessible to the public. Fortunately, not all the arrests for a DUI will end in a criminal conviction. With the insight of a reliable Camp Pendleton North DUI attorney, you could fight the charges. Common defenses you can present include disputing the accuracy of the chemical tests, arguing that you were not driving, and giving alternative explanations for the high BAC.
If you or your loved one faces DUI charges, you will benefit from our expert legal insight at San Diego DUI Attorney. Contact us at 619-535-7150 to discuss your case.
