Driving under the influence (DUI) is a serious offense in California. Whether it’s alcohol, drugs, or even prescription medication, being caught driving while impaired can lead to severe legal consequences. If you or someone you know is facing a DUI charge, it’s crucial to understand the laws and work with an experienced California DUI lawyer to protect your rights and your future.
In this article, we’ll break down everything you need to know about DUI charges in California, from legal consequences to possible defenses, so you can make informed decisions moving forward.
What Is Considered DUI in California?
In California, DUI refers to operating a vehicle while impaired by alcohol or drugs. This impairment is measured through a blood alcohol concentration (BAC) level, but it can also apply to individuals under the influence of drugs, including marijuana, prescription medications, and other controlled substances.
Under California Vehicle Code Section 23152, you can be arrested for DUI if:
- Your BAC is 0.08% or higher (for standard drivers).
- You are impaired by drugs (even if your BAC is below 0.08%).
- You are under the influence of both alcohol and drugs.
California has a zero-tolerance policy when it comes to impaired driving. If caught, you could face fines, license suspension, increased insurance rates, or even jail time.
California DUI Penalties
The penalties for a DUI conviction in California vary based on factors such as whether it is your first offense, the level of impairment, and whether there were any aggravating circumstances, such as accidents or injuries.
First DUI Offense
For a first offense, penalties may include:
- A fine of up to $1,000
- A mandatory DUI education program (3 to 9 months)
- Driver’s license suspension for 4 to 6 months
- Probation for 3 to 5 years
- Possible jail time (up to 6 months)
Second DUI Offense
For a 2nd DUI offense within 10 years:
- A fine of up to $1,000
- Mandatory DUI education program (18 to 30 months)
- Driver’s license suspension for 1 year
- Installation of an ignition interlock device (IID)
- Probation for 3 to 5 years
- Possible jail time (up to 1 year)
Third DUI Offense
For a 3rd DUI offense within 10 years:
- A fine of up to $1,000
- Mandatory DUI education program (30 months)
- License suspension for 3 years
- Installation of an ignition interlock device (IID)
- Possible jail time (up to 1 year)
DUI with Injury or Death
If you cause injury or death while driving under the influence, penalties can be much harsher. A DUI with injury can result in:
- A fine of up to $10,000
- Long-term DUI education programs
- Driver’s license suspension
- Substantial prison time (up to 4 years for serious injuries or death)
It is important to note that these penalties are not set in stone. An experienced DUI lawyer can negotiate with the prosecution for reduced charges or alternative sentencing.
Common DUI Defenses
If you have been charged with DUI in California, all hope is not lost. Several legal defenses may apply, depending on the facts of your case. Some of the most common DUI defenses include:
1. Improper Traffic Stop
For a police officer to stop your vehicle, they must have reasonable suspicion that you are violating the law. If your DUI arrest was based on an unlawful stop, the evidence gathered may be inadmissible in court.
2. Faulty Breathalyzer or Blood Test
Breathalyzer tests and blood tests are the most common ways law enforcement officers determine BAC levels. However, these tests are not always reliable. Calibration issues, improper maintenance, or human error could result in inaccurate readings that may work in your favor.
3. No Impairment
It is possible to have a BAC higher than 0.08% but not be impaired. For example, someone may have a BAC above the legal limit but still function normally. Your DUI attorney may argue that your impairment was not sufficient to affect your ability to drive.
4. Medical Conditions or Medications
Certain medical conditions, such as acid reflux, or medications, like antihistamines or prescription painkillers, can mimic signs of intoxication or result in inaccurate breathalyzer results. A skilled DUI lawyer can present expert testimony to explain how medical conditions or medications may have influenced the results.
5. Improper Testing Procedures
The law requires that certain procedures be followed during breath, blood, or urine testing. If these procedures were not followed, it may serve as grounds to challenge the validity of the test results.
The Importance of Hiring an Experienced DUI Lawyer
If you’re facing DUI charges in California, you need legal representation that can protect your rights and help reduce the consequences of your case. At Singh Law we can:
- Review your case to identify weaknesses in the prosecution’s evidence
- Negotiate with prosecutors for a reduced sentence or plea deal
- Represent you in court and advocate for your interests
- Help you understand your options and the potential outcomes of your case
In DUI cases, the consequences are severe, and a criminal conviction can affect various aspects of your life. This is why it’s essential to work with a lawyer who understands DUI law in California and can help you fight for the best possible outcome.
Contact Us For Help
DUI charges in California can have a significant impact on your life, from steep fines to long-term license suspension and possible jail time. If you are facing DUI charges, it is critical to have an experienced California DUI lawyer on your side to explore all potential defenses and help minimize the consequences.
At Singh Law, we specialize in DUI cases and are committed to providing personalized legal representation to ensure the best possible result for our clients. Contact us today at (714) 328-6189 to schedule a free consultation to learn how we can help you navigate your DUI case in California.
