California DUI per se law prohibits limos, taxis, and ride-sharing drivers from operating their vehicles with a blood alcohol concentration (BAC) of 0.04% or higher while transporting paying customers. All commercial drivers are subject to the same regulatory BAC limit as these particular drivers. According to this law, a first violation is a misdemeanor punishable by up to a year in jail and a court fine. Administrative penalties that could result in a license suspension are applicable upon conviction.
Additionally, you will have a lengthy criminal history, which could affect different aspects of your life, including your career and social life. Working with a skilled DUI attorney right after your arrest could benefit you. An aggressive attorney will employ every strategy to have the court dismiss or downgrade your charges.
The Legal Definition of DUI by Ride-Sharing Drivers
The law against DUI by ride-sharing drivers applies to drivers who operate for-hire cars, like taxis and limos, and anybody else who carries passengers in their vehicle. According to the legislation, none of these drivers are permitted to operate a vehicle when impaired by alcohol or drugs. The blood alcohol level allowed for these drivers is less than 0.04%. Any driver arrested for driving with that limit or more will face prosecution under VC 23152(e). They will probably face significant legal repercussions, like a lengthy jail sentence, a substantial court fine, and their driver's license suspension.
VC 23152(e) applies to any driver who transports a paying passenger while in violation of the legislation regarding DUI. You intend to charge a paying passenger for your transportation services to carry them from one location to another. Passengers available for hire could be:
- Lyft, Uber, and passengers in other ride-sharing vehicles.
- People riding in taxis.
- Limousine users, primarily those who ride in limos with less than ten passengers, inclusive of the driver.
As a driver, you do not need to receive direct compensation for the services rendered when driving passengers for hire. A passenger in your car is a customer if any of the following situations occur:
- They pay you directly using credit, cash, or another payment method.
- A business compensates you for your services. For example, when you provide a service to passengers using the Lyft or Uber applications.
However, people taking part in outings or carpooling with friends who cover the necessary gas expenses for a specific trip are not passengers for hire.
Remember that additional per se restrictions apply to drivers with blood alcohol concentrations above the 0.08% legal limit. You could find yourself violating the law for drunk driving even though you do not meet the requirements to be a ride-sharing driver.
What DUI Per Se Laws for Ride-Sharing Drivers Entail
The per se law under VC 23152(e) DUI intends to protect paying passengers from the imminent risk of being driven by an alcoholic driver. The statute sets a 0.04% acceptable limit for drivers transporting paying passengers. You can still be in violation if you meet or exceed the legal limit, even if the alcohol or drugs in your system have not affected your driving ability.
Alcohol compromises a driver's ability to operate a car. If you have had alcohol, you will find it challenging to make wise driving decisions. The limit was established to benefit other drivers whose ability is entirely compromised even by a small amount of alcohol, even if a 0.04% BAC does not considerably impair most drivers' ability.
According to California law, the following are typical DUI per se standard limits for different drivers:
- According to VC 23152(b), the normal limit for blood alcohol content (BAC) for all adults and non-commercial vehicle drivers is 0.08%.
- The legal limit for Lyft and Uber drivers on duty is 0.04%.
- The permissible limit for drivers of limos and taxis while operating their cars is 0.04% per VC 23252(e).
- The standard limit for commercial vehicle drivers' blood alcohol content when operating a vehicle is 0.04%, per VC 23152(d).
- According to VC 232140, the legal blood alcohol limit for drivers under 21 is 0.05%.
- For drivers under 21, the zero-tolerance law under VC 23136 sets a permissible blood alcohol content level of 0.01%.
Before the updated BAC legal limits for drivers of ride-sharing services were enacted in 2018, California had a consistent BAC limit for all drivers. The legal limit for all individuals (over 21) operating a motor vehicle was 0.08%, except drivers of commercial vehicles. Commercial vehicle drivers have historically been subject to a stricter legal limit (0.04%). All vehicles used by paying passengers became commercial vehicles after the legal BAC limit for ride-sharing drivers was lowered, especially if a paying passenger was present.
Modifying the BAC limit for drivers who offer ride-sharing services was the District Attorneys Association’s idea. The change was necessary because it puts the public's safety at higher risk if drivers for hire carry clients under the influence of drugs or alcohol. Furthermore, it undermines the passengers' faith in their drivers to safely move them from one place to another.
Note: Even though your blood alcohol concentration is below the legal limit, your driving ability can still be compromised. Drivers should always avoid operating a car when intoxicated by alcohol or drugs. DUI rules forbid drivers from operating a vehicle if they are impaired by drugs or alcohol, regardless of how much is in their system.
Possible Penalties After a Conviction Under VC 23152(e)
The penalties for a conviction under this law are essentially the same as those for a standard DUI conviction. A first offense under VC 23152(e) is a misdemeanor, carrying the following penalties:
- A maximum prison sentence of six months.
- A court fine ranging from $390 to $1,000.
- You must install an IID system in all your vehicles for at least six months (first-time offenders must install IID systems).
- If you do not put an IID system in your car, the DMV could suspend your license for four months. After 30 days of license suspension, you can apply for a restricted license to only drive to the most critical places, like work and school.
- Complete DUI school within three to nine months.
A second violation of this law is also a misdemeanor, which has the following penalties:
- A maximum of one year in jail.
- Court fines ranging from $390 to $1,000.
- Mandatory installation of IID for a year. If not, the DMV will suspend your license for two years. After a year, you can apply for a restricted license to use for commuting to and from work or school.
- 18 to 30 months in a DUI school.
Continuing as a misdemeanor, a third violation of this legislation is penalized by:
- A maximum of one year in prison.
- Court fines of $390 to $1,000.
- DMV will suspend your license for two or three years if your car does not have an IID system.
- 30- months in a DUI school.
Felony Charges Under VC 23152(e)
The prosecutor can bring felony charges in the following cases:
- You were responsible for an incident that resulted in injuries.
- You have a felony DUI conviction on your record from the past.
- You have a conviction for three or more DUIs or wet reckless offenses in the last ten years.
According to this law, a felony conviction is punishable by:
- 16 months, two years, or three years in jail.
- Maximum court fine of $1,000.
- DMV can impose a five-year license suspension.
- DUI school for as long as 30 months.
Driver's License Suspension
The DMV will attempt to suspend your license even if you only face misdemeanor charges following a DUI arrest. After the police have taken your driver’s permit, they will give you a temporary permit for only 30 days. A year or more of automatic license suspension can follow, depending on the DUI accusations you face. You have ten days from your arrest to ask for a DMV hearing to contest the suspension of your license. If you win the hearing, the DMV will not suspend your license. However, you would have to install an IID system in every vehicle you own.
Other Consequences of a Conviction Under VC 23152(e)
A DUI conviction for a ride-sharing driver can continue to impact your life even after you have completed your sentence and paid your court fine. It could influence how diligently you look for employment. Taxi, limousine, and ride-sharing companies avoid hiring drivers with criminal backgrounds. That is true if the driver has been convicted of DUI within the past seven years. To avoid a guilty verdict, you must provide a defense in court.
Defending Yourself Against DUI Charges Under VC 23152(e)
Fortunately, the law permits you to utilize a few legal defense arguments to refute your accusations in court. If you enlist the assistance of a knowledgeable DUI defense lawyer, you will likely receive a fair resolution to your case. The following are some of the most effective tactics a lawyer can employ in your case:
You Were Not Carrying a Paying Passenger
Utilizing this strategy will assist you in convincing the court to dismiss your DUI charges. Recall that the BAC limit for drivers who operate ride-sharing services is lower than for other motorists. If there is evidence that the person in your car was not paying, the court can dismiss your charges if your blood alcohol content is at or above 0.04% but less than 0.08%. When the police stopped you, it is probable that you were carrying a friend or family member and did not expect payment for the ride. This law will not hold you responsible if that is the case. But if your blood alcohol level exceeds 0.08%, you can face DUI charges under VC 23152(a) and (b).
Your Arrest or Traffic Stop Was Illegal
The law governs police officers' actions during DUI stops and arrests. For example, an officer needs probable cause to pull over and check a driver for DUI. If the officer pulled you over randomly, you could claim that the stop was unlawful and force the court to throw out whatever evidence the officer could have obtained. The arrest could be illegal if the officer did not read and explain your Miranda rights. Any evidence the officer could have gathered following that arrest is not admissible in court. A competent DUI attorney will offer evidence and arguments to bolster your defense and persuade the court to drop your charges.
The Officers Did Not Comply With Title 17 Recommendations
A set of rules under Title 17 governs how the police conduct BAC tests. The regulations give police instructions on gathering, preserving, and evaluating DUI breathalyzer and blood test results.
For example, a testing sample from a suspected DUI offender can only be taken by a qualified technician. DUI testing equipment must also be appropriately calibrated to obtain reliable findings. A knowledgeable DUI lawyer will be aware of some of the mistakes the police made during the DUI test and will utilize them to persuade the court to drop your charges.
A Plea Bargain
If the prosecution has strong evidence against you, you can avoid the severe repercussions of a conviction under VC 23152(e) by entering into a plea agreement. A plea bargain is an arrangement between the prosecutor and the defense lawyer in which the defendant admits guilt to a lesser charge. For example, your lawyer can suggest that you accept responsibility for a dry reckless offense rather than a DUI with ride-sharing. The advantages include:
- You will serve less time in prison or on probation.
- Court fines will be lower.
- You will not face license suspension by the DMV.
- You will not face a ban from driving for ride-sharing services.
- If you are arrested for DUI again, your punishment will not be increased.
Find a Competent DUI Attorney Near Me
DUI for a rideshare driver is a severe crime with life-altering repercussions like jail time, a probable license suspension, and a tarnished criminal record. After a conviction, you can lose your employment and even the support of your friends and family. Due to this, you must hire a knowledgeable DUI attorney to help you fight your accusations. We at Jonathan Franklin DUI Attorney have a lot of expertise in different DUI situations. If you require legal assistance in Los Angeles, we can use the best defense tactics to persuade the court to drop or lessen your charges. To learn more about our services, contact us at 323-464-6700.
