Driving under the influence (DUI) involves operating a vehicle while intoxicated with alcohol or drugs. Each year, thousands of accidents, injuries, and fatalities occur as a result of drunk or drugged driving. For this reason, California has strict laws to punish drivers who drink and drive in the state.
California has different statutes that address DUI. These statutes vary depending on the driver’s age, type of license, and the harm caused. The legal and collateral consequences of a DUI conviction can be serious. Depending on which statute you violated, DUI may be charged as a felony or a misdemeanor.
After a conviction, the court may sentence you to jail or prison time with hefty fines. Additionally, you could lose your driver’s license and have a stained criminal record. If you or a loved one faces DUI charges, you will need the insight of a reliable Barrett Junction DUI lawyer. At San Diego DUI Attorney, we offer expert legal insight for our clients.
Standard DUI (California Vehicle Code 23152)
A standard DUI is the most common form under California law. It occurs when you drive with a blood alcohol concentration (BAC) of 0.08% or higher. This statute addresses individuals operating on a standard driver’s license. If you are on probation for another offense, you face a stricter limit of 0.01%.
To convict you of a standard DUI, prosecutors must prove the following elements:
- You drove a vehicle. The prosecution must show that you were driving or physically controlled a car. This can mean being behind the wheel, running the engine, or even being observed by an officer controlling the vehicle.
- You were under the influence of alcohol or drugs. The prosecutor must show that your physical or mental abilities were impaired. Even if your BAC is not tested, the officer’s observation may be enough to secure a conviction.
- You exceeded the BAC legal limit. A chemical test, usually through breath, blood, or urine, confirms that your BAC was 0.08%. Even if you appear sober, crossing this threshold can still result in conviction.
The penalties of a conviction under VC 23152 vary depending on your criminal history. For a first offense, the conviction will result in
- Up to 6 months in county jail.
- Fines of $390 to $1,000. The court may also add penalty assessments, which raise the total cost to several thousand dollars.
- Driver’s license suspension for up to 6 months
- 3 to 9 months of DUI school.
- 3 to 5 years of informal probation.
- Installation of an Ignition Interlock Device (IID) for up to 6 months
A second conviction under VC 23152 attracts the following penalties:
- 96 hours to 1 year in jail.
- Fines of $390 to $1,000, with added penalty assessments.
- Driver’s license suspension for up to two years.
- 18–30 months of DUI school
- IID installation for up to one year
- 3–5 years of misdemeanor probation
For a third offense DUI, you will face the following penalties:
- 120 days to 1 year in jail.
- Fines ranging from $390 to $1,000
- A three-year driver’s license suspension
- 30 months of DUI school
- IID installation for up to 2 years
- Habitual traffic offender status
For a fourth or subsequent DUI, you will face felony charges punishable by:
- 16 months, 2 years, or 3 years in state prison.
- Fines ranging from $390 to $1,000
- Driver’s license revocation for up to four years
- 30 months of DUI school.
- Habitual traffic offender status
Underage DUI in California (Vehicle Code §23136, §23140)
Drivers under 21 face stricter limits under California’s zero-tolerance policy. Any measurable amount of alcohol can result in an arrest and DUI charges. Depending on your blood alcohol content, the following criteria apply to underage DUI:
- The driver must be under the age of 21. The law applies if you are not yet 21 during the offense.
- Operating a vehicle. The prosecution must prove that you were driving or controlling the car.
- The prosecution must prove that your blood alcohol content (BAC) was at or above the restricted limit. For underage drivers, even a BAC of 0.01% can lead to consequences. Different BACs create different levels of charges.
Chemical testing compliance. During an arrest, an officer may ask you to take a preliminary alcohol screening (PAS) test. If you refuse to take the test, you can face immediate penalties, including license suspension.
A conviction for underage DUI with a BAC of 0.01% or higher will result in the following penalties:
- License suspension of up to 1 year.
- Fines range from $100 to $300.
- Community service
If you have a BAC of 0.05% or higher, your penalties may include:
- Fines of $100 for a first offense and higher for repeat offenses.
- License suspension for up to one year.
- A 3-month DUI education program
Underage drivers with a BAC of 0.08% could face penalties similar to those of adult drivers facing DUI charges.
DUI Causing Injury in California (Vehicle Code 23153)
Driving under the influence that results in injury attracts charges under Vehicle Code 23153. Before a conviction for DUI causing injuries, the prosecution must prove that:
- You drove under the influence. The prosecution must prove that you were intoxicated by alcohol or drugs while operating a vehicle.
- Negligence or unlawful act. Prosecutors must prove that you committed an illegal act or were negligent. Such acts include speeding, ignoring traffic lights, or reckless driving.
- Causation of injury. A critical element that makes this statute more serious than standard DUI is the causation of injury. The prosecution must prove that your impairment caused an accident that resulted in injuries to a third party. The injury does not need to be severe or life-threatening. Even moderate harm, such as whiplash, cuts, or broken bones, can satisfy the requirement.
DUI causing injuries is a wobbler. The prosecution can file felony or misdemeanor charges depending on the circumstances. A misdemeanor conviction under this statute can attract the following penalties:
- Up to 1 year in county jail.
- Fines of $390 to $5,000
- Restitution to injured parties.
- License suspension for 1 to 3 years.
- DUI school for 3, 18, or 30 months, depending on your criminal history.
- 3–5 years of felony probation
A felony conviction under PC 23153 is punishable by:
- Prison: 16 months, 2 years, 3 years, up to 16 years, depending on the severity.
- Fines of $1,000 to $5,000
- Restitution to victims.
- License suspension for up to five years.
Commercial DUI in California (Vehicle Code 23152(d))
California law holds commercial drivers to a higher standard than other drivers. Therefore, the legal BAC limit for these drivers is 0.04%. This requirement is because large trucks, buses, and other commercial vehicles pose greater risks to public safety. Before a conviction for commercial DUI, the prosecution must prove the following elements:
- The driver holds a commercial license (CDL). PC 23152 (d) applies if you operate a vehicle with a valid commercial license.
- You operated a commercial motor vehicle. The prosecution must prove that you drove a truck, bus, or other vehicle classified as commercial.
- BAC of 0.04% or higher. Chemical test results must confirm that your BAC exceeded the legal limit.
- Impairment. The prosecution must present evidence to prove that your ability to drive safely was impaired. Evidence against you may include swerving, unsafe lane changes, or an accident caused while under the influence.
A first-offense conviction for commercial DUI may result in the following penalties:
- Up to 6 months in county jail.
- $390 to $1,000 in fines with added assessments.
- License suspension for up to one year.
- Permanent disqualification from holding a commercial driver’s license
For a second offense, a conviction under this statute may result in these penalties:
- Up to 1 year in jail.
- $390 to $1,000 in fines, plus assessments.
- Driver’s license revocation
Commercial drivers are not eligible for restricted CDL licenses during suspension or revocation. A conviction may end your trucking, bus driving, or delivery services career.
DUI Murder in California
DUI murder, also known as Watson murder, is the most serious DUI charge. It is treated as second-degree murder under California law. The prosecution can prove your liability for DUI murder using the following elements:
- You drive under the influence. You must have been impaired by alcohol or drugs while driving.
- Commission of an act that caused death. Prosecutors must show that your driving directly resulted in a fatal crash.
- Implied malice. The prosecution must establish that you acted with implied malice. Implied malice means you knew the dangers of drunk driving, yet still chose to drive. The court can use evidence from your prior DUI convictions to establish malice.
- Causation of death. You will be convicted of DUI murder if another person loses their life due to your actions.
DUI murder is charged as a felony. A conviction for the offense will result in the following penalties:
- Fines of up to $10,000.
- Restitution to the victim’s family for losses.
- A strike under California’s Three Strikes law.
- Lifetime revocation of driving privileges
If you or a loved one faces charges for DUI murder, you will have the expert insight of a Barrett Junction DUI lawyer.
Administrative Driver’s License Suspension in California
When you face an arrest for driving under the influence (DUI) in California, you will deal with more than the criminal charges. The Department of Motor Vehicles (DMV) can suspend your driver’s license before a court finds you guilty.
The DMV action begins right after your arrest. If you take a breath test and your blood alcohol concentration (BAC) is 0.08% or higher, the officer will confiscate your license. This procedure happens even when you refuse to take the tests. Instead of your license, you receive a pink form called a “Notice of Suspension.” The document acts as a temporary license for 30 days.
The administrative driver’s license suspension is not automatic. However, you must act quickly to defend your driving privileges. You have only 10 days from the arrest to request a DMV hearing. If you do not ask for one, the suspension starts after the 30-day temporary period. Many drivers lose their right to challenge the suspension because they missed the deadline.
The DMV hearing is separate from the court case. It focuses on your driving privilege, not criminal liability. At the hearing, the DMV reviews the following aspects:
- Whether the officer had probable cause to stop you
- Whether your BAC exceeded the legal limit
- whether your arrest was lawful
The length of the suspension depends on your situation. The suspension usually lasts four months for a first offense with a BAC of 0.08% or higher. If you refuse the test, it can be one year.
There are options for continuing to drive during the suspension. Many drivers apply for a restricted license. A restricted license allows you to drive to work, school, or DUI programs. You must enroll in a DUI education program to qualify for the license. Additionally, you must install an IID, which requires you to blow into the breathalyzer before the engine starts.
The administrative suspension is harsh. However, it is not the same as the court’s penalty. You may face another license suspension or restriction if you are later convicted in criminal court. Such actions can result in overlapping suspensions.
You are entitled to legal representation and an attorney at the DMV hearing. An experienced Barrett Junction DUI lawyer can:
- Question the officer
- Challenge the evidence
- Argue for the return of your license
Even if you do not win, requesting the hearing can delay the suspension and give you time to prepare. If you win the DMV hearing, you can continue to drive until your criminal case ends.
Legal Defenses Against DUI Charges in California
The consequences for a DUI defendant in California are grave. Penalties are severe, and the process is swift. Fortunately, there are legal defenses you can use to challenge the charges. They include:
Unlawful Traffic Stop
The police cannot just pull your car over for no reason. If the stop was not legal, you can challenge the DUI charges. If you were driving safely and legally, the officer wouldn’t have pulled you over in the first place.
Any evidence from that unlawful stop could be thrown out of your trial. Without that evidence, the prosecutor’s case may fall apart.
Faulty Breathalyzer Results
BAC test results are a crucial piece of evidence in a DUI case. Breathalyzers are machines that can fail. They must undergo regular calibration and testing. The results may be unreliable if maintenance records are missing or errors appear. Improper use by the officer can also lead to false readings.
Even natural occurrences like acid reflux or residual alcohol in the mouth can cause alterations in results. An experienced Barrett Junction attorney will challenge the accuracy of the breath test and undermine the case against you.
Rising Blood Alcohol Defense
Alcohol does not enter your system instantly. Therefore, it takes time for your blood alcohol concentration (BAC) to rise. You may have been under the legal limit while driving, but tested over it later at the station. You can apply this defense to your case if there was a delay between driving and testing. It highlights that the key moment is when you were behind the wheel.
Inaccurate Field Sobriety Tests
Field sobriety tests are not always fair. Walking in a straight line or balancing on one leg may seem simple. However, many factors can affect your performance. Poor lighting, uneven roads, or bad weather can cause mistakes.
Nervousness or fatigue can also make you stumble. Medical issues like inner ear problems may impact balance. Because these tests are so subjective, you can challenge their accuracy in court.
Medical Conditions or Medications
Some health conditions look like intoxication. Diabetes may cause slurred speech or a fruity odor on the breath. Acid reflux can push alcohol from the stomach into the mouth and skew test results. Neurological conditions may also impact your speech and movement.
Violation of Your Rights
Police must follow legal rules during a DUI stop and arrest. They must read your Miranda rights before questioning you in custody. They must also handle evidence properly. If the officer violated these rules, you can argue a violation of your constitutional rights. In some cases, the court may suspend the proof.
Find a Competent DUI Attorney Near Me
California has strict limits on drivers’ alcohol and drug use. Driving while impaired or with a blood alcohol content that exceeds the legal limit can result in an arrest and DUI criminal charges. Different DUI laws apply to other categories of drivers. The rules are clear whether you are a standard, commercial, or underage driver.
You could face incarceration, fines, and license suspension if you are convicted of DUI. Additionally, the conviction will enter your criminal record and affect multiple aspects of your life. But not every DUI arrest leads to a criminal conviction. But, with the insight of a reputable Barrett Junction DUI lawyer, you can assert defenses such as lack of evidence and no driving.
Additionally, you could challenge the accuracy of the BAC test results. At San Diego DUI, we understand the impact of a DUI conviction on your life. We will offer the guidance and representation you need to secure a favorable outcome for your case. Call us today at 619-535-7150 to discuss your case.
