DUI

California has strict laws to prosecute DUI offenses. According to California VC 23152(a), it is a crime to operate a vehicle under the influence of alcohol. According to Vehicle Code 23152(b), you should not drive a car when your BAC(blood alcohol content) is 0.08% or higher. Most people arrested and charged with DUI in California face charges under VC 23152(a) and VC 23152(b). If you operate a vehicle under the influence of drugs, you will face charges under VC 23152(f). The penalties you face for driving under the influence will vary depending on whether you have previous DUI convictions and whether someone suffers injuries due to your drunk driving. If you or a loved one faces DUI charges, the California Criminal Lawyer Group in Sacramento will help you fight the charges.

Common DUI Offenses

Numerous offenses are prosecuted under the California DUI laws. The majority of DUI offenses are misdemeanors. However, the crime may be charged as a felony, especially if you have three or more previous DUI offenses or if someone suffers injuries due to your drunk driving.

The common DUI offenses under California law are:

First-Time DUI Offense

When you commit a first-time DUI offense in California, you will trigger two legal proceedings against you. First, you will be subject to a criminal trial to determine whether you committed the DUI offense. You will also be subject to an optional DMV(Department of Motor Vehicle) hearing to decide whether or not you should be allowed to keep your driver's license. A DMV hearing is not automatic nor mandatory.

You must request a DMV hearing if you want to contest the automatic suspension of your driver's license. You will have ten days from the date of your arrest to request a DMV hearing. Your driver’s license will be suspended for six months if you do not request a DMV hearing or if you do not prevail at the hearing. You may also face a court-imposed license suspension. During a criminal trial, the judge might order a suspension of your driver’s license.

The potential consequences of committing a first-time DUI offense in California are:

A misdemeanor or informal probation, lasting between 3 and 5 years; typically, misdemeanor probation lasts for three years.
You could also be subject to DUI School, ranging between three and nine months(typically three months)
Penalty assessments and fines ranging between $1,500 and $2,000
A license suspension for six months. However, you can apply for a restricted driver’s license or install an Ignition Interlock Device(IID) in your vehicle to start driving immediately.
A jail time of not more than six months, the judge may recommend probation instead of jail time.
Taking part in a victim impact panel
A first-time DUI conviction could also have indirect consequences like higher car insurance premiums and harsher penalties if you commit a subsequent DUI offense.

With the help of an experienced criminal attorney, you could have a first-time misdemeanor DUI charge reduced into a wet reckless or a lesser offense. In this case, you will not be subject to a court-ordered license suspension, although the DMV may still suspend your license if you have accumulated significant points on your DMV record.

Second-Time DUI Offense

You might wonder how the fines and penalties for a second DUI crime differ from penalties for a first-time DUI offense. The specific penalties imposed for a second DUI offense will depend on the unique facts of your DUI case. After a conviction for a second DUI offense, the court may impose the following penalties:

A minimum jail time of 96 hours to a maximum of one year in a county jail.
A misdemeanor or summary probation of three years to five years.
Fines ranging between $390 and $1,000. The additional penalty assessment fees average at $1,000.
The court may require you to complete a court-approved school ranging between 18 months and 30 months.
Installation of an IID(ignition interlock device) usually for one year.
Suspension of your driver’s license for two years. After a license suspension of 12 months, you can have your license converted into a restricted driver’s license. If you agree to install an ignition interlock device, you can get an IID restricted license right away, which allows you to drive everywhere.

If the judge recommends misdemeanor probation instead of sending you to jail, you must comply with the following conditions of probation:

You should not operate a vehicle with a measurable amount of alcohol in your system.
In case you are arrested for an additional DUI crime, you should not refuse to submit to a breath, blood, and in some cases, urine test.
You should not commit an additional offense.

Other probation terms that might be imposed for a second-time DUI offender:

Attending NA(Narcotics Anonymous) or AA(Alcoholic Anonymous) meetings.
Taking part in MADD(Mothers Against Drunk Driving) victim impact panel.
Installation of an IID for three years on any vehicle you own or operate.

Upon being charged with a second-time DUI offense, the presence of several factors will increase your potential penalties:

Having an excessively high blood alcohol content(BAC), usually 0.15% or more.
Causing an accident while intoxicated.
Refusing to submit to a chemical test.
Driving at extremely high speeds.
Being an underage driver below 21 years when you commit the second-time DUI offense.
Being in the company of a minor below 14 years while committing a DUI offense.

Third-Time DUI Offense

DUI is a priorable offense under California law. Therefore, you will face more severe penalties every time you commit a subsequent DUI offense within ten years. You will face more severe penalties for a third-time DUI offense than a first or second DUI offense. After a conviction of a third DUI offense, the court will impose the following sentences:

Informal probation ranging between three to five years.
A jail time ranging between 120 days and one year in a county jail.
Penalty assessments and fines ranging between $2,500 and $3,000.
Installation of an ignition interlock device in your car for two years.
Completion of a court-approved alcohol and drug education program, usually for thirty months.
License revocation for three years. After 18 months, you can have the license converted into a restricted driver’s license. If you are willing to have an IID installed in your vehicle, you can get a restricted license immediately.

You can erase a third DUI conviction from your record by seeking an expungement. You qualify for an expungement of your criminal conviction if you were placed on probation and completed probation. When seeking an expungement, you file a petition in court, and the judge reviews the petition. If the judge grants your petition, you will be free to withdraw your guilty or no contest plea and enter a plea of not guilty.

Felony DUI

A misdemeanor DUI offense may turn into a felony under the following circumstances:

The DUI causes significant injury or death of another person.
When you have a previous felony DUI conviction, and you commit a subsequent offense.
You have three or more previous DUI convictions.

The most typical way of a misdemeanor DUI turning into a felony is having multiple convictions(at least three previous DUI convictions). You will face felony charges under California VC 23152 if you commit a DUI crime and have three or more previous DUI convictions on your record. The following offenses will count as priorable offenses:

Driving while under the influence, as outlined by VC 23152(a).
Driving with excessive blood alcohol content (BAC) as outlined by VC 23152(b).
A California wet reckless as outlined by VC 23103.5.
An out-of-state conviction as long as it would be a violation of the laws outlined above if committed in California.
Previously expunged DUI convictions for the offenses outlined above.

When proving that you have previous DUI convictions, the prosecutor will rely on:

Records from the Department of Motor Vehicles (DMV).
Your court records.
Certificates of completion for the court-ordered drug and alcohol programs.

The typical penalties for a felony DUI conviction under California law include:

Imprisonment of sixteen months, two years, or four years.
Fines ranging between $390 and $1,000.
You will assume a three-year status of habitual traffic offender (HTO).
Revocation of your driver’s license for four years. According to Senate Bill 1046 of 2018, you can continue driving after a felony DUI conviction if you agree to install an ignition interlock device in your vehicle.

California has aggressive laws that it uses to prosecute felony DUIs resulting from multiple DUI convictions zealously. Therefore, you require an aggressive legal defense to fight felony DUI charges.

DUI Causing Injury – VC 23153

You may face charges under VC 23153 if you drive while intoxicated and cause bodily injury to another person. The prosecutor will have to prove several elements to show that you are guilty of DUI causing injury:

The prosecutor must show that you violated DUI laws.
While you violated the law, it should also be apparent that you also acted negligently or broke an additional law.
The prosecutor should prove that your negligence or your unlawful act caused another person’s injury.

You violate the California DUI laws if you:

You operate a vehicle under the influence, meaning that alcohol has impaired your bodily and mental abilities.
You operate a vehicle with a BAC of 0.08% or more.
You drive while under the influence of drugs or both alcohol and drugs.

If you were operating a commercial car, the prosecutor would only have to show that your blood alcohol content was 0.04 or higher. The applicable penalties for DUI crime with injury vary based on the characteristics of your case. The penalties will also depend on whether it is your first or second DUI offense within ten years. Your punishment for a DUI crime will increase with every subsequent crime that you commit. DUI with injury is a wobbler crime that could attract felony or misdemeanor charges. If the DA(District Attorney) charges the offense as a misdemeanor, the penalties will include:

Summary or misdemeanor probation ranging between three or five years.
A jail time of five days to one year in a county jail.
Fines of $390 to $500.
A court-approved drug and alcohol education program for three, nine, eighteen, or thirty months.
A suspension of your driver’s license for a maximum of three years.

You may be able to continue driving without limitation if you install an IID in your vehicle for six months. If the DA charges you with felony DUI causing injury, you will face the following penalties:

Imprisonment of two, three, or four years in a California state prison.
If a victim suffers significant bodily injury, you will suffer an additional and consecutive three to six years imprisonment in state prison.
For every extra person who suffers an injury, you will face one-year imprisonment, additional and consecutive to your sentence of up to three years.
According to California’s Three-strike Law, if another person other than yourself suffers significant bodily injury, you will get a strike on your record.
The court may impose hefty fines that range between $1,015 and $5,000.
You may have to attend a court-approved DUI school for 18 to 30 months.
You may assume the title of an HTO for three years.
Suspension of your license for five years.

If you install an IID, you can continue operating your vehicle. If you face DUI causing injury charges, you can use the following defenses to fight your charges:

You were not intoxicated or under the influence.
Inaccurate reporting of your unlawful blood alcohol content.
You can also state that the accident and injuries did not occur due to intoxication but due to bad weather, poor road conditions, or vehicle damage.

DUI With A Minor – VC 23572

You will face enhanced penalties under the California VC 23572 if you drive under the influence in the company of a minor below 14 years. If you are guilty of DUI, you will receive additional penalties, including an extra jail time if you had a child passenger or any other person below 14 years in your vehicle. You will face enhanced penalties regardless of whether you intended to harm the child. You will also face a penalty enhancement irrespective of your driving pattern and your level of intoxication or BAC. The additional penalties for DUI with a minor will be imposed as follows:

For a first–time DUI offense, you will be subject to an additional 48 hours in county jail instead of state prison.
For a second DUI offense, you will be subject to an additional ten days in jail.
For a third DUI, you will get an additional 30 days in jail.
You will get additional 90 days in a county jail for a fourth DUI offense.

You will receive the outlined penalty enhancements in addition to the sentence you receive for an underlying DUI crime. In addition to facing an enhanced penalty, you could also face child endangerment charges under PC 273(a). Child endangerment charges apply if you intentionally expose a child below 18 years to danger, suffering, or unjustifiable pain. By operating a vehicle while under the influence in the company of a minor below 14 years, you will be exposing the child to danger, thus the child endangerment charges. Some of the legal defenses applicable in fighting charges under VC 23572 are:

You weren’t under the influence — You were only subject to penalty enhancement under VC 23572 if you are convicted of DUI. If you prove that you weren’t intoxicated, you won’t face penalty enhancements under VC 23572.
The child was not below 14 years — You can avoid penalty enhancements under VC 23572 if you prove that the child in question was 14 years or older.
You can also fight DUI with a minor charge by stating that the police did not have probable cause to stop your vehicle.

Underage DUI

Two major laws prohibit underage driving under California law:

California's zero-tolerance laws (California VC 23136).
Underage driving with a BAC of 0.05% or more (California VC 23140).

These laws apply to underage drivers below 21 years. Any of these laws can apply even if a driver’s ability to operate a vehicle is not impaired by alcohol. As long as an underage driver operates a car with a detectable amount of alcohol, any of these laws may apply. If an underage driver refuses to submit to a preliminary test to measure BAC, it will result in a license suspension for one year.

The California zero-tolerance laws apply to all beverages that contain alcohol and not just alcoholic drinks. If an underage driver uses drugs or mouthwash that contains alcohol, they could face charges under VC 23136. An underage driver violates VC23136 merely by having a measurable amount of alcohol in their system, regardless of whether they were impaired by the alcohol or not.

The violation of VC 23136 does not count as a crime. The only punishment for this violation is a mandatory suspension of the average driver’s driving license.

A first-time violation of the California zero-tolerance law will attract a license suspension of one year. If the underage driver often violates California’s drunk driving laws, it will result in a license suspension for two or three years.

Under California VC 23136, law enforcement officers use a roadside PAS test to measure a driver’s BAC levels. While administering a PAS test, the police use a Breathalyzer or other similar device.

Vehicle Code 23140

According to VC 23140, it is a crime for an underage driver to operate a vehicle with a blood alcohol content of 0.05% or higher, commonly known as underage DUI. After arresting a driver for DUI, the law enforcement officers will confirm the BAC with either a DUI breath test or a DUI blood test. An underage driver will face infraction charges for violating VC 23140. An infraction is a low-level criminal offense that will not attract hefty penalties like a misdemeanor or felony. The penalties for violation of VC 23140 will include:

A license suspension for one year upon committing the first offense.
Penalties not exceeding $100 for a first offense.
A mandatory alcohol education program for 18 months if the driver is at least 18 years old.

An underage driver may also face adult DUI charges if they record a blood alcohol content of 0.08% or more. Adult DUI charges will also apply if a driver’s ability to drive is impaired by alcohol as outlined by California Vehicle Code 23152(a).

DUI Of Drugs (DUID)

According to California VC 23152(f), it is a criminal offense to operate a vehicle under the influence of drugs. A driver may face charges under VC 23152(f) if:

They operate a vehicle while under the influence of a drug, whether illegal, over-the-counter, or prescription drugs.
If a driver is under the influence of both drugs and alcohol.

Typically, a DUI of drugs is a misdemeanor under California law. The penalties for misdemeanor DUI of drugs are the same as those of driving under the influence of alcohol. They include:

A DUI probation of three to five years.
A fine and penalty assessments of $1,800 for a first offense.
Attending California DUI School.
License suspension.
A possible jail time.

A DUI of drugs conviction could attract felony charges under the following circumstances:

When the defendant has at least three previous DUI convictions.
The defendant has a prior felony DUI conviction.
When the DUID results in injury to a third party.

The crime of DUID is punished by:

A jail time of up to 3 years; the jail time increases to four years if a third party suffers injuries.
A fine that does not exceed $1000. The penalty will increase to $5000 if someone suffers injuries.

Most people who face DUID charges are usually under the influence of:

Prescription opiates like Oxycontin and Vicodin.
Marijuana.
Ambien.
Methamphetamine.

When the police arrest you on suspicion of DUID, they will take your blood sample and send it for a blood toxicology test. This screen reveals all the drugs detected in a driver’s system.

Find a Criminal Attorney Near Me

DUI is a serious offense under California law, with detrimental consequences. If you face DUI charges, you need an aggressive criminal defense attorney to help you create a solid defense to fight charges. At California Criminal Lawyer Group in Sacramento, we have experienced attorneys to help you fight your charges. Call us at 916-775-7660 and talk to one of our attorneys.

DUI