California imposes strict laws against driving while intoxicated to ensure the safety of the general public. If you have been charged with DUI in California, you want to know the complexities surrounding the applicable laws, possible consequences you may face, and how you can defend yourself. Prosecutors tend to pursue convictions for DUI aggressively, and judges usually impose severe consequences to deter such actions.
This blog provides a comprehensive review of California’s DUI laws to enable you to navigate any legal situation you may find yourself in with respect to driving while intoxicated. Also, always remember that seeking guidance from a skilled DUI defense lawyer is essential to safeguarding your future and legal rights.
Understanding DUI Laws
Vehicle Code (VC) Section 23152 is the law that lays the foundation for California DUI laws. This section defines two main ways an individual can be accused of driving under the influence. These ways are described under VC 23152(a) and (b).
VC 23152(a) criminalizes operating a motor vehicle while intoxicated with alcohol (all alcoholic beverages count under this law). The critical aspect under this law is impairment. To be convicted, the D.A. must demonstrate that at the time you drove, your bodily or mental faculties were so impacted by alcohol that you were unable to drive safely as a sober driver would under similar circumstances. Proving this entails a comprehensive assessment of the available evidence, such as:
- Driving pattern. Weaving, speeding, or other unsafe driving conduct can show impairment.
- Chemical testing results. The authorities use breath or blood tests to calculate the alcohol concentration in your bloodstream. You do not have to have a specific BAC (blood alcohol content) level to be convicted under Section 23152(a). However, the BAC results are compelling evidence of alcohol impairment.
- Officer observation. Law enforcement will note down what they have observed regarding your demeanor, including bloodshot eyes, slurred speech, or alcoholic odor.
- Field sobriety tests (FSTs). Police administer standardized tests such as the one-leg stand, walk-and-turn, and horizontal gaze nystagmus (HGN) to evaluate balance and coordination.
VC 23152(b) is the DUI per se law. According to this law, it is illegal to operate a motor vehicle when you have a BAC of .08% or higher. Under this section, the D.A. does not have to demonstrate that you were actually impaired. The BAC reading itself is adequate evidence to prove a violation. That means even if you were not impaired when you drove, a .08% or BAC level violates this law.
Note that blood alcohol content levels do fluctuate. So, the D.A. will generally depend on the readings recorded during your chemical testing, usually extrapolating back to when you drove.
Apart from the above laws, California also has specific DUI laws for specific situations. These are:
- VC 23152(c), which prohibits driving while addicted to drugs.
- 23152(d), commercial DUI. This law makes it an offense for a commercial driver to operate an automobile with a .04% or higher BAC
- 23152(e), which prohibits ride-sharing, limo, and taxi drivers from driving a vehicle with a 0.04% or more BAC while a paying passenger is in the vehicle.
- 23152(f), which prohibits driving while intoxicated with drugs
- VC 23152(g), which criminalizes driving under the combined influence of narcotics and alcohol
- VC 23153, which criminalizes driving while intoxicated and causing bodily injury to someone else.
- VC 23136, zero-tolerance law. This law criminalizes individuals below 21 years old and drivers on DUI probation driving with a BAC level of .01% or more.
Understanding the DUI DMV and Criminal Proceedings
DUI arrests under California law trigger two distinct but closely related proceedings: administrative proceedings at the DMV offices and criminal proceedings.
Criminal proceedings seek to determine whether you are guilty or innocent of DUI. If you are found guilty, you will be subject to criminal consequences. These may include fines, probation, jail time, and DUI school. On the other hand, administrative proceedings focus on your privilege to continue driving. The DMV hearing officer can suspend your license if they determine that you drove with a blood alcohol concentration level of 0.8% or more of individuals declined to undergo chemical testing after a legal arrest.
Note that you only have ten days from your arrest date to request a DMV hearing. If you fail to do so, it will generally lead to the DMV automatically suspending your driving privilege, irrespective of how your criminal court case turns out.
Sentencing Guidelines and Penalties for DUI Convictions In California
DUI is mostly a misdemeanor offense, though a few factors can elevate it to a felony. California law sets forth an array of possible consequences for DUI violations. The seriousness of the punishment depends on several factors. These include the following:
- The number of past DUI convictions. DUI is a priorable offense. That said, consequences are more severe with every subsequent DUI violation within ten years.
- Defendant's criminal record. Past criminal convictions, even those not related to driving under the influence, can affect sentencing.
- Circumstances surrounding the arrest. Elements such as causing an accident, a higher BAC level, or the DUI victim sustaining injuries can trigger harsher penalties.
If you are arrested for DUI for the first time, you will face misdemeanor charges. A conviction can lead to the following punishment:
- A county jail term of not more than six months
- A six-month driver's license suspension. However, you might qualify for a restricted license. The court might need you to install an Ignition Interlock Device (IID) to acquire a restricted license.
- A court fine ranging between $390 and $1,000. Adding court and penalty costs often results in a fine exceeding several thousand dollars.
- Probation for 3 to 5 years. The court may impose various conditions, including enrolling in self-help programs, undergoing chemical testing, and abstaining from drugs and alcohol.
- Mandatory enrollment in a DUI school program, generally lasting nine, six, or three months, based on the BAC level and the specific county.
A second conviction for DUI within ten years of the first offense is also a misdemeanor. However, the consequences are more severe than those for a first-time DUI. They include the following:
- A jail term ranging between 96 hours and 12 months. Some counties impose a mandatory minimum sentence.
- A court fine, which generally ranges between $390 and $1,000. Penalty assessments and court costs can significantly increase the fine.
- DUI school, which typically lasts 30 or 18 months.
- Driving privileges are generally suspended for 24 months. You may obtain a restricted license after a specific period has passed, often mandating IID installation.
- Probation for 3 to 5 years, accompanied by stricter terms
Being arrested for DUI for the third time within ten years of the first offense also attracts misdemeanor consequences. However, in this case, the consequences are even harsher than the first and second convictions. You will be subject to the following consequences if convicted:
- A jail term of at least 120 days and at most 12 months
- A three-year license suspension period. You may be able to obtain a restricted license.
- A fine ranging between $390 and $1,000. The fine will significantly increase with the addition of court assessments, fees, and costs.
- DUI school for 30 or 18 months
- Probation sentence for between 3 and 5 years, with more stringent conditions
- Automatic HTO (habitual traffic offender) designation for not more than three years
A 4th DUI offense within ten years of the first DUI conviction is deemed a wobbler. That means the prosecution can impose either misdemeanor or felony charges based on the facts of the case and the defendant's criminal record. If convicted for DUI for the fourth time, you will face the following:
- A jail term ranging between 180 days and 12 months for a misdemeanor, and three years, 16 months, or two years for a felony
- A fine ranging between $390 and $1,000 for a misdemeanor and up to $10,000 for a felony. Penalty assessments and court fees may increase the court fine amount.
- A four-year driver's license suspension. You may qualify for a restricted license.
- DUI education program for 30 months
- Automatic HTO designation for not more than three years
If someone suffers an injury due to your DUI, the prosecution can charge you with violating VC 23153. This crime can be classified as either a felony or a misdemeanor. The consequences are significantly severe and may include substantial prison or jail time, hefty fines, a lengthier suspension of your driving privilege, and victim restitution. If your driving under the influence led to the death of a person, the consequences vary depending on what offense the judge convicts you of. A judge may convict you of vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or DUI Watson murder (DUI murder).
Lastly, once a judge has found you guilty of a felony DUI, any other DUI conviction that comes after that is also considered a felony. The amount of time that has passed does not matter. Also, whether someone was hurt or not is immaterial. The consequences for a drunk driving conviction after a felony DUI are up to 3 years in jail and a maximum fine of $10,000.
What Enhances DUI Penalties?
Certain aggravating circumstances can result in increased penalties in California DUI cases. The factors include the following:
- Refusal to undergo chemical testing. The prosecution can use the refusal to undergo chemical testing against you and consider it an aggravating circumstance during sentencing.
- Driving a vehicle with a child passenger in it. This factor can result in additional charges of child endangerment and more penalties.
- A BAC of .15% or more. This condition can subject you to increased incarceration periods and longer DUI school programs.
- Causing injury or an accident. As mentioned earlier, this factor can subject you to felony prosecution and more severe consequences.
- Excessive speeding. You can be subject to harsher penalties if you drive at excessive speeds while intoxicated.
Implied Consent Law and DUI Chemical Test Refusal
In California, when you drive, you do so under the understanding that if a police officer suspects you of DUI and arrests you, you are consenting to take breath, blood, or urine tests (chemical tests) to verify your BAC. This principle is referred to as implied consent. So, simply put, implied consent law states that any driver legally arrested for suspicion of driving under the influence automatically agrees to a blood, breath, or urine test to establish their BAC level.
Declining to undergo chemical testing will subject you to severe consequences, unrelated to the criminal court case outcome. For example, you will be subject to a driver's license suspension for 12 months if you are a first-time DUI offender. If you are a second DUI offender, you will face two years of license suspension and three years if you are a third DUI offender. The suspension for chemical test refusal is usually longer than that for a DUI conviction.
Also, the prosecutor can use your refusal of a chemical test against you during criminal proceedings as proof of your guilt. They can assert that you declined testing because you were aware you drove above the lawful limit. A judge can also consider refusal an aggravating circumstance during a sentencing hearing if you have been found guilty of DUI.
Some people may decline to take chemical tests, believing that doing so will hinder the prosecutor from acquiring evidence of blood alcohol concentration. However, the penalties of declining can be equally as serious, if not more severe, than a higher test result.
Note that before being arrested, you can refuse to undergo a Preliminary Alcohol Screening (PAS) test or take field sobriety tests without consequences except if you are under 21 years old or on DUI probation. The PAS test is a preliminary breathalyzer test administered at the scene when a police officer pulls a motorist over.
Contact an Expert DUI Defense Attorney Near Me
Hiring a DUI defense lawyer when accused of DUI provides critical support, as they comprehensively understand California DUI laws. At Jonathan Franklin DUI Attorney, we specialize in DUI defense. We will thoroughly analyze your case and identify possible legal issues to support a dismissal or reduction of your charges. Also, due to our in-depth knowledge of DUI laws, we will handle intricate legal procedures, protect your legal rights, and negotiate with the D.A. to achieve the best possible outcome. If you have been accused of DUI in Los Angeles, call us at 323-464-6700 to obtain the legal assistance you need.
