Driving under the influence (DUI) refers to driving a vehicle while under the influence of alcohol or drugs to the point where your motor functions are impaired. Since the charge is a two-pronged fight, you must contend with a criminal charge in a court of law and an administrative proceeding by the Department of Motor Vehicles (DMV).
You need the guidance of a DUI attorney, as a DUI charge is an overwhelming ordeal, often filled with legal complexities and severe repercussions. At San Diego DUI Attorney, we know that a DUI arrest is a traffic violation that could put your future at stake. Our local Barrett DUI attorneys will guide you through the court and DMV processes, and examine the possible penalties, so that you can emerge from this ordeal armed with the knowledge you need to make well-informed decisions.
DUI Offense Explained
In California, Driving Under the Influence (DUI) is not a single offense, but several laws found primarily within the state’s Vehicle Code. While many people are familiar with the 0.08% blood alcohol concentration (BAC) limit, the legal framework is far more extensive, designed to cover various forms of impairment and situations. Understanding these specific statutes is the first step in comprehending the charges you may face.
The Core DUI Offenses Under California Vehicle Code 23152
The foundational laws governing most DUI arrests are outlined in California Vehicle Code Section 23152 VC. This section contains multiple subsections, each defining a distinct violation:
- California VC 23152(a), Driving Under the Influence of Alcohol –This is the “subjective” DUI law. Under this statute, the prosecutor focuses on proving you were impaired. They must demonstrate that due to consuming alcohol, your mental or physical abilities were compromised to the point where you could no longer drive with the caution of a sober person using ordinary care under similar circumstances. This charge can be filed even if your BAC is below 0.08%. The prosecution will use evidence like your driving pattern, performance on Field Sobriety Tests (FSTs), physical appearance, and any statements you made to build their case for impairment.
- California VC 23152(b), Driving with a BAC of 0.08% or More (Per Se) – This is the “per se” or objective law. It is a more straightforward violation. If the government can prove that your BAC was 0.08% or higher at the time of driving, you are considered in violation of the law, regardless of whether you appeared impaired or drove perfectly. It’s important to note that you will almost always be charged with subsections (a) and (b), allowing the prosecutor two avenues to secure a conviction.
- California VC 23152(f), Driving Under the Influence of Drugs (DUID) – This law makes it illegal to drive while under the influence of any drug. “Drug” is defined broadly and includes illicit narcotics, prescription medications (even with a valid prescription), and over-the-counter drugs. Similar to 23152(a), the prosecutor must prove the drug affected your brain, nervous system, or muscles in a way that compromised your ability to operate a vehicle safely.
- California VC 23152(g), Driving Under the Combined Influence of Alcohol and Drugs –This section covers situations where a driver is impaired due to the synergistic effect of mixing alcohol and drugs. Even if the amount of alcohol alone would not place you over the legal limit and the quantity of the drug is small, their combined effect can lead to significant impairment, resulting in this specific charge.
- California VC 23154, Driving with a BAC of 0.01% While on DUI Probation – This law specifically makes it illegal for any person on probation for a DUI conviction under VC 23152 or 23153 to operate a motor vehicle with a blood alcohol concentration of 0.01% or greater. A violation of this section is a separate infraction. Also, it constitutes a violation of the terms of your probation, which can lead to severe penalties, including the imposition of any jail time that was initially suspended.
Stricter Standards for Specific Drivers
California law imposes more stringent BAC limits on certain classes of drivers, recognizing the increased risks associated with their roles or age:
- California VC 23152(d), Commercial Drivers – For operators of commercial vehicles (e.g., truck drivers, bus drivers) holding a Class A or B license, the per se BAC limit is significantly lower at 0.04%. This standard applies when they are driving a commercial vehicle. If they are driving a non-commercial vehicle, the standard 0.08% limit applies.
- California VC 23140, Under 21 (Zero Tolerance) – California has a strict “Zero Tolerance” policy for underage drivers. This law makes it illegal for a person under 21 to drive with a BAC of 0.01% or greater. This offense results in a one-year license suspension. If the underage driver’s BAC is 0.05% or higher, they can be charged under VC 23140 and also face criminal DUI charges under the standard VC 23152.
- California VC 23152(e), DUI by Uber Lyft, Taxi or Limo Drivers – This law makes it illegal for a person to drive a motor vehicle with a passenger for hire (such as an Uber, Lyft, or taxi driver) when their BAC is 0.04% or higher. This holds ride-share and taxi drivers to the same strict BAC standard as commercial truck drivers.
DUI Causing Injury
When a Barrett DUI act results in injury to another person, the charges become much more severe:
- VC 23153 – DUI Causing Injury: This law elevates a standard DUI to a “wobbler” offense, meaning the prosecutor can charge it as either a misdemeanor or a felony. To be convicted, the prosecution must prove three things:
- 1) You drove under the influence (violating any of the subsections of 23152)
- 2) You simultaneously committed an illegal act or neglected a legal duty while driving, for example, speeding, running a red light
- 3) Your illegal act or negligence was the actual cause of bodily injury to someone other than yourself. A felony conviction for this offense can result in a state prison sentence.
Securing Your License Against Automatic Suspension
After your DUI arrest, the most urgent deadline you face involves your driver’s license. The arresting officer must have taken your physical license and given you a pink sheet of paper. The pink slip is a temporary license and a suspension notice. Receiving the pink sheet starts a different civil action from the California Department of Motor Vehicles (DMV), completely independent of your criminal case. This is referred to as Administrative Per Se, or APS action. The APS is designed to have the DMV suspend your driving privilege in the shortest time possible.
Starting on the day of your arrest, you have just ten calendar days to request a DMV hearing to appeal this automatic suspension officially. It is not a recommendation, but a hard deadline that involves weekends and holidays. Failure to reach out to the DMV and arrange this hearing within the ten days will result in you losing the right to challenge the suspension, and it will automatically take effect 30 days after you are arrested.
The hearing puts a temporary hold, or a “stay,” on the suspension until the hearing is resolved. Defending your driving privileges is the first step a dedicated DUI attorney can take to ensure it is done properly and promptly. This deadline is absolute, whether it is a first-time offense or a more complicated case involving Barrett’s DUI.
DMV Hearing Vs the Criminal Court Case
When you are accused of a DUI in California, you fight on two different fronts. The outcomes of these two cases do not rely on each other. Therefore, winning your criminal case in court and losing your license with the DMV is possible, or vice versa.
The DMV hearing is an administrative hearing done by a DMV hearing officer, not a judge. The standard of proof is less than in a criminal court, and the decision-maker is the hearing officer, the prosecutor. It is limited and only addresses three main problems:
- Did the officer have reasonable cause to suspect that you were driving under the influence?
- Was your arrest lawful?
- Did you have a blood alcohol concentration (BAC) of 0.08% or more?
Conversely, the criminal case involves a court case in which guilt or innocence is established. It is here that you are punished by:
- Jail time
- Hefty fines and fees
- Probation
- Compulsory DUI education programs
It proceeds through the formal phases, such as an arraignment, pre-trial conferences, and possibly a jury trial. The state prosecutor must demonstrate your guilt beyond a reasonable doubt before the court can convict you, a significantly higher burden of proving your guilt than the DMV requires.
Operating in these parallel systems needs a thorough legal approach that considers the peculiarities of each venue and its goals.
DUI Offenses and Penalties
A California DUI conviction has serious consequences that could increase with every other offense that occurs within a ten-year look-back period.
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1st Time Misdemeanor DUI
When it comes to a first-time misdemeanor DUI, there are several punishments. They usually involve three to five years of informal probation, a jail term of up to six months (traditionally suspended), and fines that range from $390 but may run to several thousand dollars in court assessments and fees.
You will also be expected to attend a three- or nine-month DUI education course and be license suspended for six months of your driver’s. The punishment for first-time DUI in Barrett is equally severe as in any other part of the county.
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2nd Time Misdemeanor DUI
In the case of the second DUI within the span of ten years, the punishment becomes even heavier. You will be subjected to a minimum jail sentence of 96 hours and a maximum of one year, a more extensive DUI program of 18 or 30 months, and a two-year license suspension. The third DUI conviction will require a minimum jail sentence of 120 days, a three-year loss of license, and a 30-month DUI education program.
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Felony DUI
In some cases, DUI may be a felony. This happens when you commit four or more DUI violations in ten years, when you have a prior felony conviction of DUI, or when your impaired driving results in serious bodily injury or death to another individual. A DUI conviction of a felony can lead to a state prison sentence, thousands of dollars in fines, and permanent suspension of your driver’s license.
Also, in case of any injury you cause while driving under the influence, you may be prosecuted according to the Vehicle Code 23153. It is a wobbler crime, so that the prosecutor may treat it as a misdemeanor or a felony, depending on the injuries and your criminal history.
Aggravating Factors
Aggravating factors give prosecutors and judges a legal right to impose penalties much higher than the normal ones. These variables indicate an increased carelessness or a greater risk to the community.
Having an Extremely High Blood Alcohol Concentration
If your chemical test is found to be 0.15% or above, the court will subject you to more severe punishment, including making you attend a nine-month DUI education program instead of a three-month course on the first offense.
A Chemical Test Refusal
In California, the law of implied consent means you have no choice but to give a breath or blood test once you are lawfully arrested. Failure to do so will automatically lead to a one-year license suspension in the case of a first offense. It will impose a mandatory jail term on your criminal sentence in case of ultimate conviction.
Drunk Driving With A Child In The Car
If a passenger is below 14 years old, prosecutors will impose a sentencing enhancement, involving a jail term, even for the first offense. This is independent of any child endangerment charges.
Over Speeding and Reckless Driving
Moreover, reckless or excessive speed (30 mph over the freeway speed limit or 20 mph over the speed limit on other roads) and driving under the influence will also result in an increased jail sentence.
DUI Causing Accident
Any type of traffic accident will be considered by the court to be an aggravating factor that will result in a heavier sentence. Prosecutors will scrutinize the presence of such factors in a Barrett DUI investigation.
Building Your Defense Strategies to Fight a California DUI
A DUI arrest does not necessarily lead to a conviction. The prosecution has the onus of proving you are guilty, and a reasonable defense attorney can question the prosecutor at every turn.
Question the Legality Of The Initial Traffic Stop
A police officer must have a reasonable suspicion that you have broken a law, so they must pull you over under the Fourth Amendment. When the stop was made without a legal justification, any evidence acquired due to it, such as your statements, FST results, and chemical test, could be suppressed in court, which could often result in the dismissal of the case.
Question the Reliability Of The Field Sobriety Tests
Field sobriety tests (FSTs) are not pass-fail tests but subjective tests that are meant to be challenging even to sober people. The reason is that your medical conditions, fatigue, bad shoes, uneven surfaces, or even misunderstanding instructions given by the officers can all contribute to an unfair evaluation of your sobriety.
Question the Validity of the Chemical Test and Breathalyzer
Breathalyzer equipment should be calibrated, maintained, and used in strict procedures as stated in Title 17 of the California Code of Regulations. An officer’s failure to carry out a 15-minute continuous observation period before the test, such as, may nullify the outcomes.
In the same way, blood samples should be collected, stored, and analyzed according to a specific chain of custody to avoid contamination or degradation. Reasonable doubt can also be created by scientific defenses, including the so-called rising blood alcohol phenomenon, when your BAC at the time of driving was less than it was at the time of testing. Defense is critical when dealing with a DUI in Barrett.
Reinstating Your License and Meeting Your Responsibilities
When you are found guilty of a DUI, there are several things that you will have to go through to meet your legal requirements and ultimately be able to resume your full driving privileges.
- Installation of an Ignition Interlock Device (IID). This small breathalyzer is connected to your car’s ignition and does not allow it to start when it detects alcohol on your breath. California requires the installation of an IID in most cases of DUI, even with first-time offenders who desire to be issued a restricted license.
- Submit an SR-22 form to the DMV. The SR-22 is not an insurance policy, but a document issued by your insurance company stating that you have the minimum liability coverage required by the state. You have to keep this SR-22 filing for at least three years, and failure to maintain the insurance coverage will automatically lead to the immediate suspension of your license. This will also lead to a huge increase in your insurance premiums.
- Apply for a restricted license. Having an IID on board and an SR-22 on record, you can usually apply for a restricted license. With an IID-restricted license, you can drive wherever and whenever you want, provided it is in a car with the device.
- Complete a court-mandated DUI schooling. This program will last depending on your offense and the level of BAC. The only way to get beyond a DUI in Barrett and have your full driving privileges restored is to complete all these steps.
Find a Barrett DUI Attorney Near Me
The events following a DUI arrest in Barrett are undoubtedly complicated, especially with a double battle against the criminal court system and the DMV. The penalties are harsh, with fines, DUI education programs, license suspension, and jail time all possible, and the punishments increase for repeat offenses or cases involving aggravating circumstances.
A DUI conviction can be a significant blow to your personal, professional, and financial life. From challenging the initial traffic stop to disputing the validity of chemical tests, a strong defense strategy is crucial in protecting your rights and achieving the best possible outcome.
Do not leave the high stakes to chance. Therefore, if you or someone you love has been charged with DUI, get expert legal advice. To ensure your case is treated with the diligence and experience it deserves, contact San Diego DUI Attorney at 619-535-7150.
