DUI

Driving under the influence covers a range of driving crimes in California. Most DUIs are treated as misdemeanors, but the prosecution can also go for felony charges based on the specifics of your case. No matter the offense, a drunk driving charge in California comes with serious consequences. If you or someone you know has been arrested for DUI in Southern California, Singh Law is here to help. Contact our criminal defense firm to explore your options with our experienced team of criminal defense attorneys.

Overview of Driving Under the Influence in California

DUI laws in California make it illegal for motorists to operate a vehicle while impaired or with a 0.08% blood alcohol concentration or higher. A driver is considered under the influence if drugs, alcohol, or a combination of both significantly impairs their ability to drive. The rules are even stricter for commercial drivers, who face DUI charges if their BAC is 0.04% or above. Plus, California enforces a zero-tolerance policy for drivers under 21, meaning they can’t have a 0.01% BAC or higher while driving.

The penalties for DUI can vary based on the situation and how many previous convictions someone has. A DUI conviction will stay on your record and be classified as a prior offense for 10 years.

When deciding on the most appropriate penalty, the court looks at several serious factors, such as:

If you had a minor under the age of fourteen in the car during the DUI arrest
If your DUI caused the death of someone else or injuries to even one person. You’ll get an extra year added to your jail term for each injured person
You might face double charges for committing DUI in maintenance, construction, and safety zones
If you were driving 20 mph or 30 mph over the speed limit on a freeway or highway. That can add an extra 60 days to your jail time

How Your BAC Can Result in a DUI Charge

In California, DUI laws depend on your BAC. The amount of alcohol you can drink before reaching illegal limits varies based on factors like:

Your body size
Your gender
How strong and how many drinks you’ve had
When you had those drinks
Any medical illnesses that affect how your body processes alcohol
Whether you’ve eaten before having a drink

California DUI Charges

When you’re arrested for DUI, you can face various charges. The exact charges depend on the specific details of each case. For many motorists, their first DUI arrest is usually classified as a First DUI Offense. However, in certain situations, it could be treated as a Felony DUI, which carries much harsher consequences. Here are various potential DUI charges in California and the penalties that might come with them:

First-time California DUI

If you get arrested for DUI, you could face charges under Vehicle Code 23152:

VC 23152 (a) makes it illegal to drive while impaired
VC 23152 (b) prohibits driving with a 0.08% BAC or higher

If you get a DUI for the first time, it’s considered a misdemeanor and comes with these penalties:

You’ll have three to five years of informal probation.
You must complete a DUI school that lasts between 3 and 9 months.
You’ll pay between $1,500 and $2,000 in fines and penalty assessments.
Your driving privileges will be taken away for 6 months.
You might face up to 6 months in jail.
You’ll need to install an ignition interlock device in your car for at least six months.

The court could also place you on probation, which may result in avoiding jail time or a shorter prison sentence. But if you’re on probation, you’ll need to follow these rules:

Don’t drive if you’ve any amount of alcohol
Don’t refuse to take a chemical test
Install the IID in your car for 6 months
Don’t break any laws

If you violate any of these rules, the court might revoke your probation, and you could end up serving a jail sentence.

Second California DUI Charge

If you get another DUI within ten years of your first one, it’s considered a second offense and is also a misdemeanor. Here’s what typically happens:

You’ll have three to five years of misdemeanor probation
You could spend up to a year in county jail
You’ll face fines between $390 and $1,000, plus an additional $1,000 in penalties
You must attend an 18-month DUI school
You’ll need to have an IID installed in your vehicle for at least one year
Your California driver’s license will be suspended for twelve months

Third California DUI Charge

If you get charged with a third DUI in California, expect tougher penalties compared to your first or second offenses. Here’s what could happen:

You might face misdemeanor probation for 3 – 5 years
Fines can reach up to $3,000, including penalty assessments
Your California driver’s license could be revoked for up to 3 years
You could spend up to a year in jail
You’ll have to attend a compulsory DUI school for 30 months
You’ll need to install an Ignition Interlock Device in your car for 2 years

Fourth California DUI Charge

A fourth DUI charge is typically treated as a felony. Alternatively, the prosecution can choose to charge it as a misdemeanor offense. Before they decide to go for a felony, they need to show proof of their three previous DUI charges or any other DUI-related offenses from the last ten years. That includes convictions for things like:

Driving while impaired,
Driving with a 0.08% blood alcohol level or higher,
Wet reckless driving,
Convictions for any of these offenses that have been expunged.
An out-of-state charge that fits any of the above offenses

If you’re convicted of a fourth DUI, you might face:

A revocation of your California driver’s license for 4 years
A jail sentence of 16 months, 2 years, or 3 years
Being labeled a Habitual Traffic Offender for 3 years
Fines from $390 to $1,000

However, thanks to Senate Bill 1046, you can still drive if you keep your IID installed inside your vehicle for a period of three years.

Underage DUI Laws

If you’re under 21, two important laws apply to you when it comes to drinking and driving:

Vehicle Code 23136

VC 23136 outlines California’s zero-tolerance policy. It states that if you’re underage, it’s illegal to drive with a blood alcohol concentration of 0.01% or higher. This rule includes all alcoholic drinks and medications. Under this law, even a tiny amount of alcohol in your system can get you in trouble, regardless of whether it affects your driving. If you break this law for the first time, you’ll face a license suspension for a year. If you have prior violations, you might lose your license for two to three years.

Vehicle Code 23140

Under this law, it’s illegal for anyone under 21 to drive with a BAC of 0.005% or more. After an arrest, your BAC will be confirmed with a breath or blood test. If you violate this law, it’s classified as an infraction. An infraction is a minor offense and won’t result in jail time. For a first-time violation, you can expect to lose your driving rights for one year, take a mandatory DUI education program for at least 3 months if you’re over 18, and pay a $100 fine.

VC 23152

If you’re over 21 and driving with a BAC over 0.08%, you could be charged with a standard DUI. That is a misdemeanor in California. If no one gets hurt, the penalties for a first-time DUI are similar to those mentioned earlier.

DUI Causing Injury

According to VC 23153, DUI causing injury happens when someone drives under the influence and causes harm to another person. For the prosecutor to win the case, they need to show that:

You broke DUI rules
Your careless actions or illegal behavior caused someone else to get hurt
While driving, you acted carelessly or broke another law

DUI causing injury penalties can vary depending on your past criminal record and the specific circumstances of the situation. It’s important to know that a third DUI causing injury is considered a felony, which is separate from a DUI without injury under Vehicle Code 23152.

If you get a misdemeanor DUI conviction in California, you might face:

Informal probation lasting 3 – 5 years
A one to three-year suspension of your California driver’s license
Fines ranging from $390 – $5,000
At least 5 days and up to a year in custody
Compensation to anyone you injured
Finishing DUI school that lasts three to thirty months

If you receive a felony charge, the penalties can include:

2 to 4 years in state prison
Fines from $1,015 to $5,000
An extra 3 to 6 years in prison for each victim who suffers serious injuries
High-risk offender status for 3 years
Attending an 18 to 30-month DUI school
A strike under the Three Strikes Law
A five-year suspension of your license

DUI Murder

DUI murder, or Watson murder, falls under second-degree murder. This charge applies when someone with a prior DUI sentence causes someone’s death while drunk driving.

To prove DUI murder, the prosecution must show that you committed the act with implied malice. That doesn’t mean you intended to kill the person; instead, you demonstrate implied malice if:

You purposely commit a DUI offense
The likely and natural outcomes of DUI are dangerous to others’ lives
You are aware that driving under the influence is a risk to others
You consciously disregard the value of human life

It’s tough for the prosecutor to show that you committed the act with conscious disregard for life. Because of this, they usually pursue DUI murder cases only if:

You have a past DUI conviction
You’ve gone to a DUI program or learned about the “Watson admonition” related to your earlier offenses

The Watson admonition is a warning given to drivers accused of committing DUI. It highlights the dangers of DUI and discusses the potential consequences.

Factors That Could Raise the Chances of a Watson Murder Charge

The judge is more inclined to charge you with DUI murder if you:

Had a blood alcohol concentration (BAC) over 0.15%
Had several prior DUI convictions
Engage in reckless driving, such as speeding excessively, participating in speed contests, or evading law enforcement in a manner that poses a significant safety risk

If you’re convicted of second-degree DUI murder in California, you’ll face 15 years to life in prison, a fine of up to $10,000, and a strike on your record under the Three Strikes Law.

Having a strike means that any future offenses could lead to double the prison time. If a person has two strikes and commits another felony, they may face a mandatory sentence of 25 years to life.

Additionally, if there are survivors from the incident, the convicted individual may be subject to an additional prison term. That could be 3 to 6 years for each victim with serious injuries and 1 to 3 years for each person with less serious injuries.

DMV Hearings for DUI Cases in California

If you get arrested for DUI in California, you’ll deal with both a criminal case in court and a DMV hearing. Unlike the court case, the DMV hearing focuses on your driver’s license. The DMV cannot punish you, but it can take away your driving license.

After your arrest, the police will take your driver’s license and give you a Notice of Suspension. This notice acts as a temporary driver’s permit for thirty days. It also informs you that you can request a DMV hearing to challenge the suspension of your license.

Make sure to ask for the hearing at the DMV within 10 days after your arrest. If you miss these ten days, your license will be automatically suspended after the 30 days are up.

You can start driving again after you:

Put the IID inside your car
Enroll in a compulsory DUI school
File an SR-22 form
Pay the reinstatement fee of $125

To set up your DMV hearing, reach out to your local DMV office within ten days of your arrest. Remember, these offices aren’t the usual places where you obtain your license.

Your Rights at DMV Hearings

DMV hearings are generally less formal than court trials. That’s because it’s easier to meet the burden of proof in a DMV hearing compared to a courtroom. Additionally, these hearings can be conducted in an office setting or even over the phone.

Even with this casual setup, you have the right to hire an attorney at your own expense during the DMV hearing. Unlike the criminal court, the DMV won’t provide you with a lawyer if you can’t afford one.

Additionally, you have the right to:

Review and challenge the evidence against you
Call and call witnesses, including the arresting officer
Speak for yourself

When you succeed at the DMV hearing, the officer will dismiss your charge, and you’ll get your driving license back. This victory could also lead to a better deal during plea bargain talks for your court case.

Keep in mind that the DUI trial and the DMV are separate, so winning the DMV doesn’t guarantee success in court, especially if the prosecution has solid proof against you. If you do end up convicted of drunk driving, the court can still revoke or suspend your driving license. That’s why having an experienced attorney by your side is crucial for winning in both situations.

Losing at the DMV hearing can be tough, but your DUI attorney should keep negotiating with the prosecution for a lesser plea. Once you lose your driving license, it will be revoked or suspended immediately. The specifics of the restrictions will vary based on whether it’s your first offense or not.

If you’re a non-resident arrested for drunk driving in California, make sure to schedule your DMV hearing like residents do. Your DUI lawyer can represent you in person or by phone. Generally, if you get your license privileges suspended in California, it will likely impact your license in your current state, too.

Fighting California DUI Charges

A good criminal defense attorney will notify you that facing a DUI charge doesn’t always lead to a conviction. You can dodge serious consequences like hefty fines, losing your driving abilities, and even jail terms by using a solid legal defense. Here are some strategies your attorney might consider:

Challenging the Symptoms of Intoxication

One strategy to challenge DUI charges is to find fault with the prosecutor’s assertion that your signs were indicative of drunkenness. Your appearance can play a crucial role in the investigation. The arresting officer may allege you appeared intoxicated based on your slurred speech, unsteadiness, red eyes, flushed face, and watery eyes.

An experienced attorney can argue that these signs may be due to other factors we discussed, including being cold, fatigued, or having allergies or eye irritation.

A Weird Driving Pattern Doesn’t Necessarily Imply You Were Drunk Behind The Wheel

In your case, the prosecutor will closely examine your driving behavior. The arresting officer may claim you drove in a way that suggests you were impaired, like swerving or speeding.

A skilled DUI defense attorney will ensure that the officer highlights all instances where you drove safely and cautiously. The attorney will argue that many traffic violations happen with sober drivers and that driving patterns aren’t a reliable way to determine if someone is intoxicated.

The Officer Didn’t Observe You For The Required Fifteen Minutes

Before performing a breath test, the police officer should keep an eye on you for at least that long. Unfortunately, many officers skip this step and focus on paperwork or setting up the breathalyzer instead. If you can prove that the officer didn’t complete this observation period, it can seriously challenge not just the results of the DUI but the entire DUI matter.

The Police Officer Didn’t Follow Title 17 Regulations For Chemical Tests

Title 17 lays out specific guidelines for conducting chemical tests, including:

Officers must have proper training for administering blood and breath tests
The tests need to be conducted correctly
Testing equipment must be regularly maintained and calibrated
Blood samples must be collected, stored, and handled properly

When any of these guidelines are not followed, your chemical results could be compromised. Your lawyer can leverage these violations to challenge the entire DUI investigation and defend you.

Costs Associated With a California DUI Charge

Here are some costs associated with a DUI:

Legal Fees

After a DUI conviction, the court usually imposes legal fees. For first-time offenders, these fees can reach up to $1,245. If you’re innocent, your legal fees will likely be lower.

Bail

Regarding bail, depending on your case’s details, you could be able to pay a set amount to ensure your release. For minor DUI offenses, bail could be as little as $150. If you’re facing a felony, the bail could increase to around $2,500.

Ignition Interlock Device

If you face DUI penalties, the judge might require you to have an Ignition Interlock Device in your car. This device stops the engine from starting if it senses alcohol in your breath. You’ll need to connect it and perform regular maintenance, which can result in significant expenses. Typically, an IID costs around $120.

Impounding Fee and Car Hauling

If you’re arrested for DUI, the officer could have your car towed to an impound location. When you go to retrieve your vehicle, you’ll need to pay impounding and towing fees, which usually total about $350.

DMV Costs

If a DMV hearing leads to a suspension of your license, you’ll have to deposit a reinstatement fee to get it back. Reissuing or reinstating your driving permit generally costs between $125 and $260.

Attorney Fees

Representing yourself in DUI cases involves a significant risk because your chances of being convicted will increase if you do not have a lawyer. The experience and reputation of the attorney dictate your likelihood of winning. If it is difficult for you to afford an attorney, you can tell the court about your situation, and they will appoint a public defender to represent you.

Public defenders cost substantially less than retaining a private attorney. However, the downside of having a government-appointed attorney is that they usually have several cases on their plate and may not have the time to devote to your case. Retaining a private attorney is more expensive, but they will dedicate all the time and resources they have available to you to obtain a good result for you.

Find a Southern California DUI Defense Attorney Near Me

If you have been charged with a DUI in California, you want an attorney who is experienced, committed, and knowledgeable in protecting your rights in court. Our team of DUI defense attorneys at Singh Law is familiar with California DUI laws, effective DUI defense strategies, and the standard tactics employed by the prosecution. After a DUI arrest, we’ll help you think through your options and rights, always putting your best interests first. Call us at 714-328-6189 to speak to one of our attorneys in Southern California.