California is one of the states that has strict laws against DUI. These laws are in place to ensure the safety of the general public. If you have been charged with DUI, you want to know the complexities of the law, possible penalties awaiting you, and the legal defenses available. California prosecutors are highly aggressive when it comes to pursuing DUI convictions, while judges usually impose harsh consequences as a way to deter drunk-driving conduct. This blog provides a comprehensive overview of DUI laws in California to assist you in navigating the legal system and making informed decisions.
Understanding California Laws on DUI
The underlying California laws on DUI lie within Vehicle Code (VC) 23152. This VC section describes two main ways a motorist can face DUI charges: VC 23152(a) and (b).
VC 23152a criminalizes driving an auto while intoxicated with alcohol or drugs. The primary element under this section is impairment. For the D.A. to convict you of DUI under this law, they must prove your physical or mental capabilities were so impacted by drugs or alcohol that you were unable to drive with caution as any sober driver would under similar or the same circumstances. This evaluation entails a detailed review of evidence, including:
- Officer observations. The arresting officer will record what they have observed about your demeanor, like bloodshot eyes, slurred speech, or alcoholic odor.
- FSTs (Field Sobriety Tests). The arresting officer administers standardized FSTs to assess balance and coordination.
- The driving pattern. Speeding, weaving, or changing lanes erratically can prove imprudent.
- Chemical testing results. The authorities will use breath or blood tests to determine the drug or alcohol concentration in your bloodstream. While this law does not require you to have a specific BAC (blood alcohol content) to be convicted, the results will be a compelling show of impairment.
VC 23152b is the DUI per se law. According to this statute, driving an auto with a BAC of .08% or higher is illegal. Here, the D.A. need not demonstrate that you were impaired. The BAC percentage itself is enough evidence to prove a violation. That means even if there was no evidence of impairment, a .08% or greater BAC level during the period you were driving breaks this law. BAC levels usually fluctuate. Therefore, the D.A. will generally depend on the level during the chemical testing period, usually extrapolating back to when you were driving.
Burden of Proof Under California DUI Law
In all criminal cases, even DUI, the burden of demonstrating all the elements of the crime lies with the prosecution. The prosecuting attorney must show beyond any reasonable doubt that the defendant is guilty. Under VC 23152a, the D.A. must prove that:
- The accused drove a motor vehicle. Here, the D.A. must prove that the accused was operating an automobile.
- While driving, they were intoxicated with a drug or alcohol. The D.A. must show the accused had impaired mental or physical faculties to an extent that they could not operate the vehicle with the care any sober person would apply under the same or similar circumstances.
Under VC 23152b, the D.A. must show that:
- The accused drove a motor vehicle
- When they drove, their BAC was .08% or greater.
Understanding DMV and Criminal Proceedings for DUI
California DUI charges have two distinct but correlated proceedings. These are administrative proceedings by the DMV (Department of Motor Vehicles) and criminal proceedings in criminal court.
Criminal proceedings address whether the accused is guilty or not of the DUI accusations against them. If the court finds the accused guilty, it will subject them to criminal penalties. These can include fines, probation, jail time, and DUI school.
Administrative proceedings focus on whether or not the defendant's license should be suspended. The DMV will suspend your driving privilege if it finds that you drove with a .08% or more BAC or refused to undergo chemical testing after a legal arrest.
Note that you only have ten days from when the arrest happened to demand a DMV hearing. If you do not, it will generally lead to an automatic driver's license suspension, irrespective of your superior court case outcome. A skilled DUI lawyer can help you contest your license suspension during the DMV hearing.
DUI Sentencing Guidelines and Penalties
California law has established several possible consequences for DUI violations, and the extent of the imposed sentence is based on various factors. These include:
- Circumstances surrounding the arrest. Different factors, such as involvement in a road accident, the infliction of injuries, or a higher BAC, can result in harsher penalties
- Number of priors. DUI consequences increase substantially with every subsequent DUI violation within ten years.
- Defendant’s criminal record. Past criminal convictions, including those unconnected to DUI, could influence the imposed sentence.
- Aggravating factors. Particular factors, like a child passenger in the vehicle while DUI, can increase the penalties the court imposes
As implied above, DUI is a priorable offense. That means the consequences increase with every DUI conviction you receive within ten years of committing the first offense. If arrested for DUI for the first time, you will face first-offense DUI charges. A first offense DUI is deemed a misdemeanor. If convicted, you can be subject to the following consequences:
- A maximum jail time of six months
- At least $390 and a maximum of $1,000 in fines. The fine can be up to $2,000 or more, with the addition of court costs and penalty assessment.
- Six months of driving privilege suspension. However, you might qualify to acquire a restricted driver’s license permitting you to drive to and from DUI programs, school, and work. One of the requirements to obtain a restricted license is to install an IID (ignition interlock device) in your vehicle.
- Mandatory enrollment in DUI school for nine, six, or three months based on the BAC level and the county
- Probation for between three and five years.
If arrested for DUI for the second time within ten years of committing the first DUI offense, you will face second DUI charges. A second-offense DUI is also a misdemeanor violation. You will face more severe penalties upon conviction than those for the first offense. They include:
- A jail term ranging between 96 hours and 12 months
- A fine ranging between $390 and $1,000. Penalty assessments and court costs may increase the amount.
- Suspension of your driving privilege for 24 months. You may obtain a restricted driver's license after 12 months of suspension, usually necessitating IID installation.
- DUI school for eighteen or thirty months
- Probation for between three and five years
If arrested for the third time within ten years of committing your first DUI offense, you will face third-offense DUI charges. A third offense DUI is also a misdemeanor but carries even harsher penalties. These include:
- Probation for between three and five years
- A jail term ranging from four to 12 months
- A fine ranging between $390 and $1,000. Penalty assessments and court costs may increase the amount.
- Driving privilege suspension for up to three years. You may obtain a restricted license after two years of an IID installation in your automobile.
- Court-approved DUI school for thirty months
- Automatic designation as an HTO (habitual traffic offender)
If arrested for DUI for the fourth time within ten years of committing your first DUI offense, you will face fourth-offense DUI charges. A fourth offense DUI is deemed a wobbler. That means the D.A. can press misdemeanor or felony charges based on the defendant’s criminal history and case facts. A fourth offense DUI carries the following consequences:
- Between 180 days and 12 months in jail for a misdemeanor and three years, two years, or 16 months in prison for a felony.
- A fine ranging between $390 and $1,000. Court costs and penalty assessments may raise the fine to $10,000
- Thirty months of DUI school
- Driving privilege suspension for four years.
- You may obtain a restricted license after three years of IID installation in your vehicle.
- Automatic designation as an HTO
DUI Causing Death or Injury (VC 23153)
If a person sustains injuries due to your DUI incident, you can face DUI causing injury charges under VC 23153. This crime is a wobbler, and the consequences are more severe. They can include prison or jail time, hefty fines, DUI school, driving privilege suspension, and restitution to the hurt victim.
Meanwhile, if someone died due to your DUI offense, you can be charged with one of these violations based on the case facts. These are
- Gross vehicular manslaughter while intoxicated (191.5a PC)
- Vehicular manslaughter while intoxicated (191.5b PC)
- DUI murder, also called Watson murder (PC 187)
The consequences of the above violations are even harsher. They vary based on the specific violation with which the D.A. charged you.
After a felony DUI conviction goes on your record, any subsequent DUI offense will be an automatic felony. This is regardless of the period elapsed since your last conviction and whether or not someone was injured. The consequences in this case will be a fine of $10,000 and two years, three years, or sixteen months in incarceration.
Collateral Consequences of DUI
Apart from the criminal penalties, a California DUI conviction can have several collateral repercussions that could significantly affect your life. These include:
- Immigration repercussions. For immigrants, a conviction of DUI, particularly for DUI involving death or injury or multiple DUIs, can have harsh immigration consequences, possibly resulting in deportation. If you are a non-citizen charged with DUI, you want to consult a lawyer skilled in both immigration and DUI law.
- Difficulty obtaining employment. Employers usually do background checks on prospective employees. A conviction for a DUI can adversely affect your capability to secure a job, particularly in professions that involve positions of trust or driving.
- Difficulty obtaining a professional license. Many licensing boards, like those for lawyers, nurses, doctors, or realtors, may revoke or suspend licenses because of a drunk-driving conviction. This is especially so if the conviction is for a felony violation or has aggravating factors.
- Increased car insurance premiums. Auto insurers generally see DUIs as high-risk, significantly increasing car insurance rates.
How to Beat DUI Charges
Despite stringent DUI laws, you can argue various defense strategies to beat the charges based on the facts. A skilled DUI defense lawyer will vigorously probe the circumstances surrounding your arrest and prosecution to determine possible defenses, for example:
- Miranda rights violation. If the arresting officer subjected you to custodial interrogation without advising you of your Miranda rights, any statements you made might be inadmissible in court.
- Absence of probable cause. A police officer must have probable cause to conduct a DUI arrest. That means they must have enough facts to trust that you were operating a vehicle while intoxicated.
- Rising BAC. If your blood alcohol content was below .08% at the time of driving but was higher than that by the time you underwent chemical testing, it may be a legal defense to charges under VC 23152b.
- Medical conditions influencing test results. Some medical conditions, like diabetes or acid reflux, can impact breath testing results, leading to the generation of falsely high readings. Specific medications may also affect test outcomes.
- Inaccurate breathalyzer test results. Breathalyzers must be correctly maintained and calibrated to show accurate results. Based on the case facts, your lawyer can contest the accuracy of the breathalyzer test results if there are problems with the device or its handling.
- Improper FST administration. The police must administer standardized FSTs per established protocols. Mistakes in scoring or administration can result in unreliable results.
- Illegal stop. The police must have reasonable suspicion to stop you. The stop would be against the law if there is no reasonable suspicion. If a police officer conducts an illegal stop, any evidence acquired due to the stop might be suppressed, possibly resulting in a charge dismissal.
Find a Knowledgeable DUI Defense Lawyer Near Me
California DUI laws are broad. This blog just covers the primary aspects. You want to talk to an expert DUI lawyer to learn more about these laws. At Jonathan Franklin DUI Attorney, we will gladly explain every legal aspect of California DUI you wish to know. And if you have been charged in Los Angeles, we will provide the advocacy and guidance you require to navigate the challenging DUI process. Not only that. We will also represent you every step of the process, ensuring you obtain the most favorable outcome. Call us at 323-464-6700.
