DUI is an offense that involves driving with a blood alcohol content that exceeds the legal limit or while impaired. California sets distinct BAC limits based on the type of driver’s license. DUI arrests take place at DUI checkpoints or when a traffic officer suspects you of driving while intoxicated.
After the arrest, you must submit to chemical tests, which determine your BAC and play a critical role in your case. California has some of the most stringent DUI laws in the country. Therefore, you risk facing severe legal and collateral consequences if you face charges for this offense.
A DUI conviction not only can lead to jail time and license suspension but also creates a permanent criminal record. The conviction can impact your personal and professional lives. If you or a loved one faces DUI charges in Riverview, CA, you will benefit from the expert legal insight we offer at San Diego DUI Attorney.
DUI (California Vehicle Code 23152)
California VC 23152 defines DUI as the unlawful act of operating a vehicle while impaired by drugs or alcohol. VC 23152 is divided into two sections, each defining a different aspect of drunk driving. They include:
VC § 23152(a)
You could face an arrest and charges under this statute if you drive a vehicle while under the influence of any alcoholic beverage. A traffic officer can determine your impairment through observing your driving conduct and behavior during the investigation and arrest. Common signs of impairment include:
- Unsteady gait
- Bloodshot eyes
- Swerving while driving
- Running a red light
Additionally, the court can consider you impaired if you fail the sobriety test administered before the DUI arrest.
VC § 23152(b)
This statute makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or more. For drivers operating on a standard license, the BAC limit is 0.08%. Exceeding this limit will result in arrest and DUI charges. The traffic officers will administer a breathalyzer test at the DUI stop and follow it up with a blood test after the arrest. These chemical tests give results for your BAC.
Before you face a conviction for DUI in California, the prosecution must prove that you were impaired or that your BAC exceeded the legal limit. Additionally, it must be clear that you operated a vehicle.
DUI is a priorable offense in California. Therefore, the penalties for a DUI conviction vary depending on your criminal record. Your penalties often increase with the number of prior DUI convictions. The penalties of a DUI conviction include:
First Offense
You are charged with a first DUI offense in California if you do not have a prior conviction for drunk driving or wet reckless in ten years. The penalties for the first offense include:
- Up to 6 months, which is often suspended with probation
- Fines ranging from $390 to $1,000, plus extra court fees and assessments
- Driver’s license suspension for up to six months
- Mandatory 3- to 9-month DUI program
- Informal probation for one to three years
Second Offense
If you have one prior conviction for DUI, you will face an arrest and charges for a second offense. A second offense attracts these penalties:
- A jail sentence of up to one year with a mandatory minimum sentence of 96 hours
- Fines of up to $1,000, plus extra court fees and assessments
- Driver’s license suspension for up to two years
- A DUI program for 18 to 30 months
- Up to three years of misdemeanor probation
Third Offense
Defendants with two prior DUI convictions on record are charged as third-time offenders. A third offense DUI attracts the following penalties:
- A jail sentence of up to one year and a minimum sentence of 120 days
- Fines ranging from $390 to $1000
- Up to three years of driver’s license suspension
- A 30-month DUI education program
- three to five years of probation
- Habitual traffic offender designation for 5 years
If you face charges for DUI, you will benefit from the guidance of a Riverview DUI attorney.
Underage DUI
California has zero tolerance for underage drinking and driving. Therefore, drivers under 21 could face an arrest and DUI charges for operating with a BAC of 0.01 or higher. Underage DUI is charged under Vehicle Code 23136 VC. The BAC for underage drivers is measured using a preliminary alcohol screening test (PAS). A PAS device estimates your BAC from breath alcohol concentration and displays the result roadside.
The penalties for an underage DUI include a driver’s license suspension for up to one year. You could face a harsher sentence if you have a prior conviction for DUI or a related offense. If an underage driver refuses to submit to a chemical test, the DMV will impose a driver’s license suspension.
Commercial DUI
Commercial drivers are held in higher regard under California law. The legal BAC limit for commercial drivers is 0.04%. Therefore, driving while impaired or with a BAC that exceeds this limit could result in an arrest and charges for commercial DUI under VC 23152(d). Before you face a conviction for commercial DUI, the prosecution must prove that:
- You drove a vehicle.
- You are a holder of a commercial driver’s license.
- You were under the influence of alcohol.
- Your BAC was 0.04% or higher.
You will face the following penalties for violating VC 23152(d):
- Up to six months in jail
- Fines and court fees
- Mandatory DUI education program
- 1-year suspension of Commercial Driver’s License (CDL)
- No restricted commercial driver’s license allowed during suspension.
If you have a prior conviction for DUI, you could face a permanent license revocation. In addition to the criminal penalties, a conviction for commercial DUI can have lasting consequences on your career and livelihood. Therefore, hiring and retaining a competent Riverview DUI attorney would go a long way for your case.
DUI Causing Injury
DUI causing injury is a serious offense under California Vehicle Code 23153. The statute applies when a person drives under the influence of alcohol and/or drugs and causes an accident that results in injuries to other people. The prosecution must prove the following elements to secure a conviction under VC 23153:
- You were driving a vehicle.
- You were intoxicated
- You acted negligently or unlawfully while driving.
- You caused bodily injury to another person as a result of your negligence.
Injuries addressed under this statute can range from minor to severe. DUI causing injury is a wobbler. The provision can file felony or misdemeanor charges against you depending on the level of injury and your criminal history. For example, serious injuries or multiple victims may increase the likelihood of felony charges.
As a misdemeanor, DUI causing injury may result in a county jail term of up to one year, plus fines. A felony conviction, on the other hand, is punishable by:
- 16 months to 4 years in state prison,
- Up to $5,000 in fines,
- Victim restitution,
- A strike under California’s Three Strikes Law
DUI Murder
Driving while intoxicated has the potential to cause fatal accidents. If you cause another person’s death while driving under the influence of alcohol, you could face charges for vehicular manslaughter while intoxicated. However, the prosecution can charge you with a more serious offense of DUI murder if you acted with a conscious disregard for the safety of others.
The prosecution must prove the following elements to secure a conviction for DUI murder against you:
- You drove under the influence of alcohol or drugs.
- You know that drunk driving is dangerous to human life.
- You acted with implied malice.
DUI murder is charged as second-degree murder. A conviction for the offense will result in the following penalties:
- 15 years to life in state prison
- A fine of up to $10,000
- A strike under California’s Three Strikes Law
- Permanent revocation of the driver’s license
If you cause the death of multiple people, you can face numerous counts of murder, significantly increasing your penalties.
Administrative Driver’s License Suspension
The most dreaded consequence of a DUI is the loss of your driving privileges. The Department of Motor Vehicles regulates the conduct of drivers and offers licenses. The DMV will attempt to suspend or revoke your driver’s license before you go to trial for your DUI criminal case.
After your DUI arrest in California, an officer issues you with a notification that you can use to drive for up to thirty days. You must request your DMV hearing within ten days of receiving the suspension notice to preserve your driving privileges. At this hearing, you can fight the administrative license suspension.
The DMV hearing is less formal than a criminal trial conducted by a driver safety hearing officer.You have the following rights at the hearing:
The Right to Legal Representation
You have the right to be represented by a lawyer at your DMV hearing. Legal representation can help you navigate the process, challenge the evidence, and present a strong defense. The DMV does not provide a lawyer, so you must hire one.
The Right to Review the Evidence
Before the hearing, you can access and review the evidence the prosecution seeks to present against you. The evidence includes:
- Police reports,
- Breathalyzer and blood test results,
- Your criminal history,
- Field sobriety test results.
Reviewing the information beforehand allows you to identify any errors or weaknesses in the case.
The Right to Present Evidence and Witnesses
You can bring witnesses to testify and submit your evidence at the DMV hearing. The evidence can include testimony from yourself and expert witnesses. You may also submit documents, video footage, or other materials relevant to your case.
The Right to Cross-Examine Witnesses
The DMV will bring witnesses to testify against you at the hearing. You have the right to question the witnesses under oath. Cross-examining witnesses allows you to challenge their version of events. Additionally, it highlights inconsistencies in the evidence.
The Right to a Fair Hearing
A DMV hearing officer must conduct the hearing without bias. Additionally, they must make decisions based on evidence and legal standards.
If you win the DMV hearing, you could keep your driving privileges while your DUI criminal case is pending. However, a loss in the DMV hearing can result in the suspension of your license. Administrative license suspension periods vary depending on the statute you violated. They include:
- Four months for a first DUI offense
- One year for a second DUI within ten years
- Three years for a third offense in ten years
- Four years for a fourth offense in ten years
- One to three years for DUI causing injuries
Legal Defenses Against DUI in California
The impact of a conviction for DUI in California goes beyond incarceration and fines. The conviction will enter your criminal record and can have a lasting effect on your life. Therefore, you must aggressively fight the charges to avoid a conviction. The following are common defenses you can present against your DUI charges:
You were not Driving
Before you face a conviction for DUI, the prosecution must prove that you were operating the vehicle. Sitting in the driver’s seat of a parked vehicle does not constitute driving. Therefore, you can avoid a DUI conviction by arguing that you were not driving at the time of arrest.
Unlawful Traffic Stop
Challenging the legality of the traffic stop is a powerful DUI defense. Under the Fourth Amendment, law enforcement must have probable cause to pull you over. Some valid reasons the officer can stop your vehicle include driving erratically, swerving, and violating traffic rules.
If the officer had no lawful basis for the stop, you can argue an unlawful stop. Under these circumstances, you can petition the court to dismiss the evidence obtained after the stop. Without that evidence, the prosecutor’s case against you is weakened, and the likelihood of a conviction is lowered.
Faulty Breathalyzer Results
A traffic officer must follow specific procedures when administering a breathalyzer test. Additionally, California law mandates regular maintenance of the devices. Breath testing devices are not always reliable. The device can produce inaccurate results due to poor calibration or maintenance. Failure to follow those protocols can result in dismissal of the breath tests.
Inaccurate Field Sobriety Tests (FSTs)
Officers use field sobriety tests to determine impairment. These tests check for balance and coordination, which may be affected by alcohol use or impairment. However, these tests are not always unreliable. Factors like fatigue, anxiety, or uncomfortable footwear can influence the results of the FSTs. An experienced Riverview DUI attorney can use these factors to attack the validity of the officer’s assessment.
Rising Blood Alcohol Concentration (BAC)
Your BAC results are a significant piece of evidence in a DUI case. However, blood tests are administered after an arrest, and your BAC may have risen above the legal limit. Your body takes a while to absorb alcohol fully. If the testing happened long after the traffic stop, you could use this defense in your case.
Medical Conditions or Dietary Factors
Certain health conditions or dietary habits can cause symptoms that mimic intoxication. Additionally, these conditions can interfere with chemical testing. They include:
- Diabetes. Type 2 diabetes can cause high blood sugar and create a fruity breath odor that mimics alcohol.
- Ketogenic or low-carb diets can produce acetone. Some breathalyzers may misread the acetone as alcohol.
- GERD, or acid reflux, can cause stomach acid to rise into the mouth, leading to falsely elevated breath test results.
Improper Police Procedures
Police officers must follow strict protocols during DUI investigations. These include observing you for at least 15 minutes before a breath test and reading your Miranda warnings. Miranda warnings inform you of your rights to remain silent and seek legal representation.
It helps ensure that you do not incriminate yourself during a DUI investigation. Any deviation from these requirements can result in suppressed evidence or a dismissed case. Your attorney will review the police report and test records for procedural errors.
Blood Test Errors or Contamination
Blood tests are more accurate than breath tests in determining your BAC, but they are not immune to error. Contamination, improper handling, and labeling of the blood sample can cause errors in the results. When the accuracy of the blood test results is in question, you have a chance to fight the DUI charge and avoid conviction.
Find a Reliable DUI Defense Lawyer Near Me
You could face different DUI charges for operating a vehicle under the influence of drugs or alcohol. They include standard DUI, underage DUI, commercial DUI, and DUI causing injury. A DUI investigation begins when the traffic officers stop your vehicle on suspicion of impairment or at a DUI checkpoint.
The officer will observe your conduct and administer a sobriety and a breathalyzer test before arresting you. Depending on the nature of your license, the circumstances of the artist, and your BAC, the prosecution can file the appropriate DUI charges. A conviction for DUI in California attracts legal and collateral consequences.
With the complex DUI laws in California, you will need the insight of a reliable attorney to navigate the charges. At San Diego DUI Attorney, we offer expert legal insight for our clients battling DUI charges in Riverview, CA. Call us at 619-535-7150 for much-needed legal insight.
