Cameron Corners

The California DUI laws are among the most stringent across the United States. You can face charges under California Vehicle Code 23152(a) if you drive while under the influence of alcohol or drugs. Vehicle Code 23152(b) punishes motorists with a BAC of 0.08% or more. The severity of your punishment upon violating DUI laws depends on your intoxication level, whether you submitted to a DUI chemical test, and whether your offense caused injuries to another person. Consequences of a DUI conviction also depend on whether you have a prior DUI conviction.

If you or your loved one faces DUI charges, you should consult a dependable Cameron Corners DUI attorney, considering the serious and life-altering nature of a DUI conviction. At the San Diego DUI Attorney, we have professional attorneys who can help you create a defense to fight against your charges.

Cameron Corners DUI Statutes

Driving under the influence is the crime of operating a vehicle while under the influence of drugs or alcohol. Most motorists face DUI charges for driving with a blood alcohol concentration above the allowable limit. You can face misdemeanor drunk driving charges under the following laws:

1. DUI Of Alcohol – Vehicle Code 23152(a)

You can be arrested and face charges under VC 23152(a) if the police pull you over on suspicion that you are driving under the influence of alcohol or drugs. According to this law, you are considered to be under the influence if you are physically or mentally impaired and unable to drive as cautiously as a sober person.

Alcohol is not the only substance that can affect your decision-making. VC 23152(a) also covers intoxication with drugs, whether the drugs are lawful or not. Under this law, the prosecutor does not need to provide evidence of the substance that caused your impairment. The prosecutor only needs to prove that you were intoxicated, making it challenging for you to drive safely. You can face misdemeanor charges and severe penalties if you violate VC 23152(a).

The judge can impose a jail term and a fine upon conviction. Other repercussions can include:

• A criminal record
• Losing your driving license
• Accruing points on your driving record can raise your insurance premium costs.

The above consequences can have a negative influence on your future and ambitions. Keeping your professional license, seeking a promotion, and securing employment can be challenging if you have a criminal record. The judge can also sentence you under VC 23152(a) if you have any prior drunk driving convictions or have served a prior prison term for a DUI conviction. You should contact a Cameron Corners DUI attorney immediately when you face charges to negotiate a favorable outcome.

2. Driving With Excessive BAC – California Vehicle Code 23152(b)

Also known as Per Se Law, VC 23152(b) makes it a crime to drive while your BAC is 0.08% or more. This statute is divided into the following sections:

• One that prohibits drivers from driving while intoxicated, and
• Another that prohibits drivers from driving with a BAC of at least 0.08%

You can face misdemeanor or felony charges depending on the facts of your case. The factors that can affect your charges include:

• Whether you injured someone
• The severity of your drunk driving
• Your criminal record

The police can pull you over if they suspect that you are driving while intoxicated. They can order you to undergo:

• Field sobriety test (FST)
• A preliminary alcohol screening (PAS) test, or
• A rigorous chemical test on your urine, breath, or blood sample to ascertain whether you are drunk

It is a crime under VC 23612 for you to refuse to undergo a DUI chemical test. You will not face charges under VC 23152(b) or VC 23153(b) if you refuse to provide a chemical or blood sample for testing. Instead, you could face charges under VC 23152(a), which automatically leads to suspending your driver’s license for one year. The NHTSA is working on another law to give the police authority to collect blood at the scene.

3. Driving While Addicted To Drugs – Vehicle Code 23152(c)

Driving while addicted and driving under the influence are different offenses that attract different penalties. There are, however, many similarities between the effects of addiction and intoxication while driving.

Alcohol in your blood or your dependence on it can affect your driving ability, resulting in an accident. The withdrawal symptoms or urge of an addict to consume alcohol or drugs can still result in an accident that leads to property damage and injuries to any person involved in the accident.

The law requires the prosecutor to show that the addiction happened simultaneously as the driving incident to prove you were driving while addicted. This is possible if you are physically dependent on alcohol or drugs and can experience severe withdrawal signs if denied access. First, second, and third DUI crimes are misdemeanors under VC 23152(c) driving while addicted. You can face felony charges if you are guilty of the fourth or subsequent DUI crimes.

4. DUI And Commercial Drivers License – Vehicle Code 23152(d)

It is a crime under VC 23152(d) for you to drive a commercial vehicle with a blood alcohol content of 0.04% or more. This statute sets strict conditions for those motorists with commercial driver’s licenses. VC 23152(d) only applies when driving a commercial vehicle. The legal limit when driving a non-commercial vehicle like a car or motorcycle is 0.08%. You can face the following consequences if you are a commercial driver and are guilty of a first-time DUI:

• Enrolling in a DUI school for 3 to 36 months
• Summary or informal probation
• A fine of at least $400 and at most $1,000
• A jail term for at most one year

You can face enhanced penalties for each subsequent conviction. The judge can charge you with a felony if you are guilty of DUI causing injury in any car under VC 23153. Your driver’s license can also be suspended for at least one year if you are guilty of DUI. The suspension can still apply even if you were not driving a commercial vehicle at the time of the violation. Your suspension can also apply if you are stopped for a DUI and you refuse to undergo any of the following tests:

• A blood test for DUI
• A breath test for DUI

You can lose your license permanently if you are guilty of a second DUI. At this point, you should seek the services of an experienced Cameron Corners DUI attorney.

5. DUI By Taxi, Limo, or Ride-Sharing Drivers – Vehicle Code 23152(e)

You can face charges under VC 23152(e) if you drive a passenger in a passenger-for-hire car while intoxicated. It is a crime under this law for a taxi or Uber driver to drive with a blood alcohol level of 0.04 or more with a paying passenger inside.

You can face misdemeanor charges if you are guilty of a first offense DUI. This offense can attract the following penalties:

• A fine of $390 and $1000
• A jail term that does not exceed six months

A second misdemeanor DUI offense can attract a jail term of 96 hours to one year and a fine of $300 to $1000.

A third misdemeanor DUI offense can attract a jail term of 120 days and a fine of $390 to $1000. A felony DUI crime can attract a jail term of 16 months to three years and a fine of $390 to $1000.

The Implied Consent Law In California

According to Implied Consent Law, you are required to submit to a breath test if you are arrested for intoxicated driving. This test is performed to determine your BAC. You can face the following punishment if you violate this law by refusing to submit to a breathalyzer test:

• Suspension of your driver’s license regardless of your DUI case results
• A first-time DUI offense that can attract a jail term of 48 hours and at least nine months of enrollment in a DUI program
• A jail term that does not exceed 96 hours if it is your second DUI offense
• A jail term that does not exceed ten days in a state prison if it is your third DUI offense
• A jail term that does not exceed 18 days if it is your fourth or subsequent DUI offense

Conditions That Permit Law Enforcement To Order Motorists To Undergo A Blood Test For DUI

There are situations where police can order you to undergo a DUI blood test, including:

• A possible criminal DUI
• A suspicion that you have used alcohol or drugs before driving
• The judge ordered you to undergo the test

The police can order you to undergo a blood test for DUI if they secure a warrant for chemical testing. The judge often issues the warrant.

The implied consent rule only applies to breathalyzer tests after a valid DUI arrest. You can refuse to undergo a roadside (PAS) breath test before arrest. You will not face charges for refusing to submit to a PAS test, unless you are below 21 years or on probation for a prior DUI conviction. Your refusal to undergo a PAS test cannot be used as evidence of guilt during trial if you are below 21 years, on probation, or both. However, the outcome can be used as evidence to support your DUI conviction if you consent to the PAS test. If the police instruct you to undergo a PAS test, you can decline the test politely and request to speak to your Cameron Corners DUI attorney.

There is a common legal argument you can present if you are accused of refusing to undergo a DUI chemical test. You can claim that your arrest was illegal. It is unconstitutional for the police to stop your vehicle without a good reason to believe you violated DUI laws. Your arrest can only be lawful if you provide implied agreement to a DUI breath test.

Penalties For Violating DUI Laws In Cameron Corners

DUI is a priorable offense, meaning that you will face harsher penalties for every subsequent DUI offense you commit.

1. Penalties For A First Offense Misdemeanor DUI

You can face the following penalties if you are a first-time DUI offender:

• A jail term that does not exceed six months in a county jail
• A court-approved program for drug or alcohol education
• Installation of an IID in your car for six months to continue driving without restrictions
• A fine of $390 to $1000
• Informal probation of three to five years

You have ten days after your arrest for DUI to request a DMV hearing. This can put your license suspension on hold until the DMV hearing concludes. Sometimes, the hearing can result in your suspension being overturned. A skilled Cameron Corners DUI attorney can help you to prepare for a DMV hearing.

2. Penalties For A Second DUI Offense

You can face the following penalties if you commit a second DUI offense within ten years:

• A fine of $390 to $1000
• Installation of an IID in your car for one year, during which you can drive anywhere
• Attending a court-approved DUI program for 18 or 30 months
• A jail term that does not exceed 96 hours or one year
• Summary probation for three to five years

Your driver’s license can be suspended for two years if you fail to adhere to the above orders, after which a restricted license can follow.

3. Penalties For A Third DUI Offense

The court can impose the following penalties if you commit a third DUI offense within ten years:

• Installation of an IID in your car for two years, during which you can drive anywhere
• Attending a court-certified DUI education for 30 months
• A fine of $390 to $1000
• A jail term of 120 days to one year
• Probation of three to five years

4. Penalties For A DUI With Injury

Misdemeanor DUI with injury can attract the following penalties:

• Restitution to all victims who suffered harm
• Install an IID in your car for six months to keep driving without restrictions; if not, your driver’s license can be suspended for one year.
• Enrolling for an alcohol treatment program for three months, 18 months, or 30 months
• A fine of $390 to $5000
• A jail term of five days to one year in a county jail
• Summary probation for three to five years

On the other hand, felony DUI with injury can attract the following penalties depending on the circumstances:

• Restitution to all victims who sustained injuries
• Installation of an IID in your car for two to three years to keep driving
• Three years of habitual traffic offender status
• Enrolling for an alcohol or drug program for 18 months to 30 months
• A fine of $1015 to $5000
• A strike under California’s Three Strikes Law
• A jail term of 16 months to ten years in a state prison
• Additional concurrent one to six years in a state prison, depending on the severity of the injuries of the victim and the number of people you injured.

5. Penalties For A Felony DUI

You will face felony charges if you receive four or more DUI convictions in ten years. Felony charges will attract the following penalties:

• The DMV’s designation of habitual traffic offender
• Installation of an IID in your car for at least one year; if not, termination of your driver’s license for a period that does not exceed four years
• A fine of $390 to $1000
• A jail term of 16 months, two years, or three years in a state prison

Additional Probation Conditions

Apart from the criminal penalties, you can be required to comply with the following conditions if you are placed on probation:

• Avoid committing an additional crime
• Undergo a chemical blood test, breath, or urine test for a repeat DUI
• You are not allowed to drive if there is even a trace of alcohol in your blood

You can be required to comply with the following DUI probationary conditions depending on the circumstances:

• Restitution for the victims if your DUI caused an accident
• Enrolling for Mothers Against Drunk Driving (MADD) Victim Impact Program
• Participating in Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) meetings

You can face additional charges if you violate the above DUI probation conditions.

Aggravating And Mitigating Factors In DUI Cases

Your term in a county jail or state prison can be prolonged if aggravating factors existed during your DUI arrest. The aggravating factors can enhance your punishment, whether you have been convicted of a first, second, third, or subsequent drunk driving crime. Some of the aggravating factors include:

• Having minors in the car at the time of the crime
• Refusing to undergo BAC testing
• Having a high BAC level of above 0.15%

Mitigating factors that can reduce your sentence include:

• If you have no prior criminal record
• Low BAC level
• If you are a first-time offender

Find A Committed Cameron Corners DUI Attorney Near Me

DUI is a severe offense under California law, and a conviction of the offense can have life-changing consequences. If you face DUI charges, you should contact a Cameron Corners DUI attorney immediately. An attorney can help you fight against the DUI charges and negotiate for a favorable outcome. At the San Diego DUI Attorney, we have attorneys with decades of experience in handling DUI cases. We can help you fight against your charges, no matter how intricate. Contact us today at 619-535-7150 to speak to one of our attorneys.