California DUI laws are some of the strictest in the country, and they hold drivers accountable for several DUI offenses. A DUI conviction can attract life-changing consequences. You need a skillful DUI defense attorney to help you challenge the charges leveled against you. At San Diego DUI Attorney, we are dedicated to guiding you through each step of your case with skill, compassion, and a defense unique to your situation.
An Overview of DUI Per California Laws
California law defines driving under the influence (DUI) using particular statutes in the California Vehicle Code. Each provision prohibits a specific type of impaired driving depending on alcohol, drugs, or both. The severity of your DUI charge depends on the circumstances surrounding your case, as we cover below.
California Vehicle Code Section 23152(a)
California VC 23152(a) sets forth the standard offenses involving alcohol. The law prohibits motorists from operating a vehicle while under the influence of any alcoholic beverage. In California, you cannot drive a vehicle if alcohol has affected your mental or physical capabilities to the extent that you no longer drive in the same manner that a sober person does.
This section does not show a minimum BAC. Therefore, you can be charged under VC 23152(a) on signs of impairment without regard to your BAC. To convict you under VC 23152(a), the prosecution must prove two elements:
- You operated or drove a vehicle
- You were under the influence of alcohol while driving
Usually, being under the influence means that you have had enough alcohol to impair your physical or mental capacity to a noticeable degree. It must be enough to impair the driver’s caution characteristic of a sober person.
- Evidence Traffic Officers Look For
During a DUI stop, police officers are trained to watch for signs of impairment. They may be looking for certain things, like:
- Slurred speech
- Bloodshot eyes
- The smell of alcohol
- Unsteady walk
- Field sobriety tests (FSTs) and PAS tests. They are often the initial measures to determine impairment but are not definitive proof. Your DUI can challenge these in court.
- You Could Face Two Charges Simultaneously
In California, if arrested for drunk driving, you could be subject to two different DUI charges, including:
- VC 23152(a) for driving under the influence of alcohol
- VC 23152(b) for driving with a BAC of 0.08% or higher
A dual charge gives prosecutors a chance to obtain a conviction on at least one charge based on both the impairment-based evidence (23152(a)) and the BAC-based evidence (23152(b)).
California Vehicle Code Section 23152(b)
California VC 23152(b) sets a minimum blood alcohol concentration (BAC). It makes operating a vehicle with a BAC of 0.08 percent or more unlawful. This is California’s “per se” DUI law, which is a crime if your BAC is at or above 0.08%, whether or not you are visibly impaired. That means even if you do not appear intoxicated or act in an impaired driving manner, you still face charges if your BAC is above the legal limit.
The prosecutor must establish certain elements beyond a reasonable doubt for the judge to convict you. These include:
- You drove or operated a vehicle
- Your blood alcohol concentration (BAC) was 0.08 % or higher
Unlike VC 23152(a), which requires evidence of impairment, VC 23152(b) prosecutions rely only on BAC results. They are less about observed behavior and more about quantifiable evidence from chemical tests performed after arrest. This distinction makes the prosecutor’s job easier, as they do not need to prove that your driving was unsafe to support the charge.
- How the Prosecution Demonstrates Your BAC Level
Usually, prosecutors rely on chemical test results from breath or blood samples taken after your arrest. The police perform a breathalyzer test at the DUI stop or detention facility. Blood tests are usually done when breath results are disputed or a more accurate BAC reading is required.
Breath tests are not always reliable or accurate since they depend on calibration issues, health conditions, or environmental factors. While a blood test will be more precise, it will also afford avenues for defense challenges such as questioning the chain of custody or the presence of alcohol-inducing substances.
Under “implied consent” statutes, California law requires drivers who are suspected of DUI to undergo BAC testing, and refusal to take the test can result in additional penalties, including an automatic license suspension. Consequently, BAC test results serve as the primary evidence for prosecutors to prove a driver’s per se violation under VC 23152(b), as measured by science, not by subjective observations.
- Two DUI Charges in One Case
One DUI arrest can sometimes result in charges under VC 23152(a) and VC 23152(b).
As mentioned above, VC 23152(a) charges visibly impaired drivers, and VC 23152(b) charges drivers with a BAC of 0.08% or higher. Therefore, if BAC evidence is questioned or invalidated, prosecutors can use observational evidence under VC 23152(a).
California Vehicle Code Section 23152(f) — Driving Under the Influence of Drugs (DUID)
California VC 23152(f) makes driving illegal while under the influence of any drug that impairs. This statute is known as California’s “DUID” law, and these drugs could include prescription, over-the-counter, or controlled substances. To secure your DUID conviction, the prosecution must demonstrate that the use of drugs impaired your alertness, coordination, and decision-making.
- Drugs that Vehicle Code 23152(f) Cover
Any drug that impairs mental or physical faculties is subject to VC 23152(f). These could include:
- Cocaine,
- Methamphetamine
- Marijuana,
- Prescription drugs like Xanax or Oxycodone,
- Over-the-counter medications, if taken in impairing doses
VC 23152(f) does not distinguish between legal or illegal drugs in California. As long as the drug impairs driving ability, a DUID charge may apply.
- How the Police Build a DUID Case Against You
Traffic police build your DUID case after observing your driving behavior like erratic driving, delayed reactions, or confusion. If officers stop you, they can administer field sobriety tests (FSTs) to determine coordination and responsiveness. Officers will then call a Drug Recognition Expert (DRE) trained to identify signs of drug use and assess impairment in case drug impairment is suspected.
A blood or urine test is usually taken after an arrest to see if there are specific drugs in your system. However, the blood and urine tests only show drug presence, not impairment degree. Therefore, FSTs and police observations are crucial in DUID cases. The prosecution uses this combination of observed behaviors, FSTs, DRE assessments, and toxicology results to prove you drove under the influence of drugs.
California Vehicle Code Section 23152(g)
Vehicle Code Section 23152(g) criminalizes driving under the combined influence of alcohol and drugs. This statute applies to drivers who have consumed both alcohol and a drug (or drugs) together, impairing their ability to drive safely. Even if your BAC is less than the legal limit of 0.08 percent, a charge can be brought under VC 23152(g) if there is evidence that the combination of substances impaired you.
The court convicts you only if the prosecution proves two primary elements:
- You drove a vehicle
- You drove under the combined influence of alcohol and drugs
Unlike a standalone alcohol-related DUI statute, VC 23152(g) requires that there be evidence of alcohol and drug use since the combination caused impairment beyond what either substance would on its own.
California Vehicle Code Section 23153
Vehicle Code 23153 applies to circumstances in which driving under the influence (DUI) causes bodily injury to another individual. Unlike the usual DUI laws, VC 23153 increases the offense level from a misdemeanor to a more severe offense of DUI-causing injuries, which is a ‘wobbler’ offense.
Therefore, you could face a misdemeanor or felony offense depending on the injuries involved. The statute does not need you to be impaired. Instead, it requires that your DUI cause bodily harm to someone else, increasing the penalties and long-term consequences.
The presiding judge cannot convict you before the prosecution demonstrates that:
- You drove a vehicle while intoxicated by alcohol or drugs
- You committed an additional illegal act or acted with negligence while driving impaired
- Bodily injury to another person was a result of the defendant’s conduct that was a substantial factor
Driving under the influence is not enough evidence of a VC 23153 violation. The prosecution must prove beyond a reasonable doubt that there was a proximate cause or causal relationship between the impairment, unlawful or negligent act, and the resulting injury. Examples of DUI-causing injury cases include:
- A driver who is intoxicated and fails to yield at an intersection and causes a collision that injures another person
- An impaired driver runs into a vehicle at high speed and whiplashes the occupants of the other car
What Happens During a DUI Stop
The first procedures during a DUI stop usually involve a preliminary alcohol screening (PAS) and field sobriety tests (FSTs). This roadside test gives law enforcement preliminary evidence of your blood alcohol concentration (BAC). The PAS is meant to help officers decide whether to conduct further testing or arrest. You could be subjected to blood tests for more accurate results upon arrest.
Preliminary Alcohol Screening (PAS) Test
This test aims to provide law enforcement with an easy way to estimate your blood alcohol concentration (BAC) on the roadside. Administering a PAS test involves the officer asking you to blow into a handheld breathalyzer device. It measures the alcohol in your breath (vapor exhaled when you breathe out) and estimates your BAC.
Mouth swabs are another tool the officer can use if they suspect you might be under the influence of drugs rather than alcohol. These swabs can test for several substances, including marijuana and other drugs, giving an immediate signal of impairment.
A PAS test is voluntary for drivers not on DUI probation, so you can refuse the test. But if you refuse, the officer may still investigate further using other evidence of impairment, like your behavior or appearance.
- Special Rules for Under-21 Drivers
Vehicle Code 23136 punishes underage drivers arrested for DUI. The law has a zero-tolerance policy, so any amount of alcohol detected will result in penalties, including license suspension. Another special law, Vehicle Code 23140, prohibits motorists under 21 from driving with 0.05% BAC or more.
Field Sobriety Tests (FSTs)
These tests evaluate your physical and cognitive skills to help determine if you are impaired. Police officers can use these where chemical tests are unavailable.
- Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) validated standardized field sobriety tests consisting of three primary evaluations.
- The Horizontal Gaze Nystagmus (HGN) Test
The HGN test involves watching your eye movements when you follow something, such as a pen or finger, moving horizontally. Alcohol affects muscles that control eye movement, causing noticeable jerking at certain angles. So, impairment can be established if your eyes jerk or do not smoothly follow the object.
- Walk And Turn (Wat) Test
In this test, the officer asks you to walk heel to toe down a straight line, turn on one foot, and return to your starting point. This test measures your balance, coordination, and ability to follow directions. Observations that could establish your impairment are if you stumble, don’t keep your balance, or take the wrong number of steps.
- One Leg Stand (Ols) Test
The one-leg stand test requires you to balance on one leg for a certain amount of time. When you are in this position, the officer watches for signs of instability, swaying, or putting your foot down. This test requires balance and concentration, which could be impaired if intoxicated.
- Non-Standardized FSTs
Officers may use non-standardized field sobriety tests in addition to standardized tests. These include:
- The hand pat test involves patting your hands together in a particular rhythm while counting.
- The finger-to-nose test requires you to use your finger to touch your nose, alternating from hand to hand. This tests your coordination and concentration.
- Rhomberg balance test
- Finger count test
The Breath or Blood Test
Law enforcement officers obtain concrete evidence of being intoxicated in breath or blood tests, as they provide a more objective basis for arrest than field sobriety tests alone. The breath test works similarly to the PAS test explained above.
If offered a blood test, you usually have a blood sample drawn to measure the alcohol amount directly. Breath tests are less accurate than blood tests and can cause drugs in your system. However, blood tests must be administered by a medical professional, and that can take more time.
California has an implied consent law, so if you drive in the state, you have essentially agreed to give chemical testing if you are suspected of DUI. If you refuse a breath or blood test, you can instantly face consequences, like having your driver’s license suspended for a year. In addition, the officer may see your refusal as an admission of guilt in court.
California DUI Arrest Process
Your DUI arrest occurs after the police stop you, and you fail the FTSs and PAS tests. They could also arrest you if you refuse the breath test. You are subjected to a chemical or blood test at the detention center. If you refuse these, you face criminal charges.
When you are arrested and a chemical test shows a BAC of 0.08% or higher, the California Department of Motor Vehicles (DMV) is notified. That triggers an administrative process that could suspend your driving privileges, even before criminal charges are filed against you.
The Administrative License Suspension Vs. Court License Suspension
If you refuse to take a chemical test or your tests are positive, an automatic administrative license suspension will occur. The process is independent of the criminal court system. You have the right to contest this suspension by requesting a DMV hearing within 10 days after your arrest to contest your suspension and demand the reinstatement of your driving privileges. On the other hand, a DUI conviction in court has a separate court license suspension that can be worse in terms of length and consequences.
At your DMV hearing, you can present evidence, call witnesses, and argue your case. Nevertheless, if drugs occasioned your DUI, the DMV does not have hearings for drug DUI cases. The automatic suspension will become further complicated after the arrest and chemical test results.
What Happens If Your License Becomes Suspended
If your license is suspended, you cannot drive legally and, therefore, cannot go to work or school. Your suspension may be restricted, meaning you may drive to and from work or other necessary errands. Unfortunately, however, this restricted license is often challenging to obtain. You must complete specific requirements, such as enrolling in a DUI program or installing an ignition interlock device (IID).
DUI Court Proceedings
You are arraigned in court after your arrest and license suspension. You are subjected to a pretrial phase where your attorney will review the evidence against you, talk with the prosecutors, and present a defense strategy.
Some people may be stuck at a crossroads where they have to decide whether or not to accept a plea bargain or go to trial. If you expect the evidence against you to be overwhelming, a plea bargain may be your best chance to have charges or penalties reduced.
However, you might want to go to trial if you think you have a strong defense or the prosecution’s evidence is weak. Contesting the charges will require that you go to trial, which will clear your name, but with some risks and uncertainties.
Possible Penalties and Sentencing
First-Time DUI Penalties
If you face a DUI charge for the first time in California, the penalties can be:
- A fine ranging from $390 to $1,000
- A six-month license suspension
- Complete a three- or nine-month DUI education program called an AB541 class
- Installation of IID in your car for 6 months
- Three to five years of summary probation
Second-Time DUI Penalties
Punishment for a second DUI includes:
- Fines as high as $390 to $1,000
- A license suspension of up to two years
- A three- to five-year summary probation
- A mandatory 90-day to 1-year jail sentence
- An 18- or 30-month DUI education program called SB 38
- Install an ignition interlock device (IID) for one year, and you can drive anywhere
Third-Time DUI Penalties
Possible penalties could be:
- Fines not exceeding $1,000
- A license suspension for three years
- A jail sentence for a minimum of 120 days, but the court can give up to one year
- Completing a 30-month DUI education program
- 3 to 5 years of informal probation
- Installing an IID for two years to move anywhere
DUI With Injury Penalties
If accused of a DUI that led to an injury, this may be considered a wobbler offense. It might be dealt with as a misdemeanor or a felony. The exact charges are based on your criminal history and the situation in which you were arrested.
Misdemeanor charges attract penalties such as:
- Fines that range from $390 to $5,000
- A prison term of 5 days to one year
- Install an IID for 6 months
- Completing a 3-, 18-, or 30-month alcohol program
If convicted of a felony offense, you attract the following punishment:
- Fined between $1015 and $5,000
- Imprisonment of between 16 months and 4 years
- Losing driving privileges for life
DUI Sentence Enhancements
Some factors can enhance your punishment in some situations, for example:
- Having a BAC above 0.15%
- Causing physical harm to another person
- Having a minor in the vehicle at the time of the incident
Fighting DUI Charges
When you are facing DUI charges in California, you can have a variety of defenses that can be custom-tailored to your particular case. Here are some key defenses and considerations:
- Lack of reasonable suspicion or probable cause
- Errors in field sobriety testing. Field sobriety tests are very subjective, and officers can misinterpret or improperly instruct them, resulting in faulty impairment conclusions.
- Faulty breath or blood test results. Common defenses are equipment issues since breathalyzers are known to produce false results because of mechanical defects, calibration problems, or improper handling by law enforcement.
- Medical conditions. Some medical conditions can be mistaken for intoxication or change the results of tests. Residual alcohol in your mouth can cause falsely high BAC readings if you have conditions like GERD or diabetes.
- Rising blood alcohol. Your BAC could be legal while you were driving, but it rose higher when you were tested.
Find a San Diego DUI Attorney Near Me
California DUI is a serious offense and can result in severe repercussions. A DUI conviction can attract fines, jail/prison time, a suspended/revoked driver’s license, among others. With the proper legal counsel, you can build a solid defense strategy to challenge these charges. For this reason, you need an experienced attorney on your side.
At San Diego DUI Attorney, we can guide and represent you through the DMV hearing and the DUI court proceedings. Call us today at 619-535-7150.
