DUI, or driving under the influence, involves operating a motor vehicle while impaired by substances like alcohol or drugs. Operating a car in California becomes unlawful if your mental and physical capabilities are compromised to such an extent that driving becomes unsafe, hampering your ability to navigate the roads securely.

California's DUI regulations encompass alcohol and drugs. Under drugs, the law considers illicit substances, prescription medications, and even select over-the-counter medications that can hinder a person's ability to drive safely. The state has defined specific legal limits for BAC to determine whether an individual is driving under the influence.

The consequences for violating DUI laws can be severe, entailing substantial fines, imprisonment, and, in more severe instances, even a prison term. Nevertheless, individuals facing DUI charges have the right to defend themselves. They do so with the aid of knowledgeable criminal defense attorneys. It is best to choose an attorney who specializes in handling DUI cases. Experienced attorneys possess the expertise to assist their clients throughout the legal proceedings and employ dedicated efforts to challenge the charges levied against them. Contact the California Criminal Lawyer Group if you are facing DUI-related charges in Santa Ana.

Driving Under the Influence Laws

Various factors influence the charges you will face for a DUI-related offense. These issues include the following:

  • Whether you were under the influence of alcohol or drugs.
  • Your age.
  • Whether you exceeded the legal limit and
  • Whether you are a commercial driver’s license holder.

Here is a look at how the law addresses the above mentioned issues and the possible penalties you could face upon conviction.

     a) Driving Under the Influence of Alcohol

Vehicle Code 23152(a) makes it illegal for individuals to operate a vehicle if they are under the influence of alcohol. If your mental and physical capabilities are compromised by alcohol to the extent that driving becomes hazardous, you can face a DUI offense charge under this provision.

Vehicle Code 23152(a) focuses on impairment caused by alcohol rather than a specific blood alcohol concentration (BAC) limit. Therefore, even if your BAC does not exceed the legal threshold of 0.08%, you can still face a DUI charge if you display signs of intoxication or impairment.

The law prioritizes the safety of all road users. If you are impaired to a degree that makes it unsafe to operate a vehicle, you could be subject to legal penalties for violating Vehicle Code 23152(a).

Prosecutors in DUI cases can provide evidence to prove impairment in various ways. Here are some standard methods used to establish impairment:

  • Field Sobriety Tests (FSTs) — Law enforcement officers often conduct FSTs at the scene to assess a driver's physical and cognitive abilities. These tests include tasks like walking in a straight line, balancing on one leg, or following an officer's finger with their eyes. The officer's observations and the driver's performance on these tests can be used as evidence of impairment.
  • Observations and behavior — Prosecutors could rely on the arresting officer's observations of the driver's behavior and demeanor, for example, slurred speech, bloodshot eyes, or the odor of alcohol. These observations can indicate possible impairment.
  • Chemical tests — Breath, blood, or urine tests can be used to measure a driver's blood alcohol concentration or the presence of drugs in their system. Results from these tests can provide scientific evidence of impairment.
  • Drug Recognition Experts (DREs) — Prosecutors could call upon specialized law enforcement officers known as drug recognition experts to evaluate your impairment. DREs are trained to assess the signs and symptoms of drug impairment through a standardized evaluation process.
  • Witness testimony — For example, passengers, other drivers, or law enforcement officers who observed your behavior or driving patterns can testify to support the prosecution's case of impairment.
  • Expert testimony — Prosecutors could call upon experts, like toxicologists or forensic specialists, to provide scientific opinions on the driver's impairment based on the evidence collected, including the chemical test results.

     b) Driving With a BAC of or Above 0.08%

Vehicle Code 23152(b) states that operating a vehicle is illegal if your blood alcohol concentration measures 0.08% or higher. If a chemical test, like a breath, blood, or urine test, detects that your BAC exceeds the legal limit, you can face a DUI charge under this section.

Under VC 23152(b), the focus centers on the precise BAC level rather than the presence of impairment caused by alcohol. It establishes a clear threshold that designates when an individual is deemed to be driving under the influence.

In DUI cases, prosecutors can present evidence to demonstrate that your BAC exceeded 0.08% at the time you were driving. They will utilize the results of chemical tests conducted within a specific time frame after driving.

Surpassing the legal BAC limit of 0.08 percent is adequate grounds for a DUI charge, regardless of whether you exhibit visible signs of impairment. The law considers a BAC above this limit potentially impairing your ability to safely operate a vehicle.

     c) DUI for Persons Addicted to Drugs

According to Vehicle Code 23152(c), driving a car is illegal for an individual with a drug addiction. However, a specific provision grants an exception to this offense. This exception applies to individuals actively participating in a narcotic treatment program that has received official approval as outlined in Health and Safety Code 11550.

You are classified as "addicted to drugs" if you meet the following specific conditions:

  • You have developed a physical reliance on the drug, which results in experiencing withdrawal symptoms when deprived of it.
  • Your body has developed a tolerance to the drug's effects, necessitating larger doses to achieve the desired impact.
  • You have formed an emotional dependence on the drug, manifesting as a strong compulsive desire to continue using it.

     d) Commercial DUI

Section (d) of Vehicle Code 23152 makes it unlawful to operate a commercial vehicle if your blood alcohol concentration is 0.04% or higher. This provision explicitly targets individuals with a commercial driver's license (CDL) operating a commercial vehicle.

Under this section, the legal BAC limit for commercial drivers is lower than for non-commercial drivers (0.08 percent). Commercial drivers are held to stricter standards due to the increased responsibility and potential dangers of operating commercial vehicles like large trucks or buses.

Prosecutors in commercial DUI cases provide evidence to prove that your BAC was 0.04% or higher while operating a commercial vehicle through the results of chemical tests, for example, breath, blood, or urine tests.

Exceeding this legal BAC limit is sufficient grounds for a commercial DUI charge, regardless of whether you exhibit visible signs of impairment. Additionally, you do not have to drive a commercial vehicle to face the penalties under VEH 23152(d).

     e) DUI for Passenger for Hire Vehicle Drivers

Under Vehicle Code 23152(e), it is unlawful for an individual to drive a car with a passenger for hire if their blood alcohol concentration is 0.04% or higher.

The law defines a "passenger for hire" as a passenger who contributes or is expected to contribute consideration (like payment) as a condition of being transported in the vehicle. This definition encompasses passengers using transportation services like taxis, ride-sharing services (like Uber or Lyft), limos, or other similar arrangements.

In a prosecution under this statute, if you had a BAC of 0.04% or higher at the time of the performance of a chemical test within 180 minutes (three hours) after driving, it is considered a rebuttable presumption that you also had a BAC of 0.04% or higher while driving the car. This means that the prosecution can use the results of a chemical test conducted within three hours of driving to establish the person's BAC level during the offense.

Being convicted of a DUI offense can affect your driving ability for Uber or Lyft. Both companies have policies regarding DUI convictions.

Uber's policy states that if a driver receives a DUI conviction, their account could be permanently deactivated. However, Uber allows drivers to regain access to the platform after a certain time and the completion of required steps, including attending an alcohol education program.

Lyft has a similar policy where a DUI conviction can lead to deactivation. They also require drivers to wait a specific period and meet certain conditions before being considered for reactivation.

     f) Driving Under the Influence of Drugs (DUID)

Vehicle Code 23152(e) makes it unlawful to operate a car if you are under the influence of any drug. This includes illegal drugs, prescription medications, and even certain over-the-counter medications that can impair your ability to drive safely.

Under this section, the focus is on the impairment caused by drugs rather than a specific drug concentration level. It targets drivers who exhibit signs of being under the influence of drugs to a degree that renders it unsafe for them to operate a vehicle. Additionally, there is no legal limit for DUID cases.

Prosecutors rely on proving impaired driving to make their case. Therefore, the evidence they rely upon is from similar sources outlined under VEH 23152(a) above.

     g) Driving Under the Influence of Alcohol and Drugs

According to Vehicle Code 23152(g), it is unlawful for an individual to drive a vehicle under the combined influence of any alcoholic drink and drugs.

This provision recognizes the potential dangers and increased impairment that can occur when someone is under the influence of both alcohol and drugs simultaneously. Driving under the combined influence of drugs and alcohol significantly impairs your ability to operate a vehicle safely. This impairment increases the risk of accidents and harm to oneself and others on the road.

Penalties Under Vehicle Code 23152

The penalties for any violation of VC 23152 vary depending on the facts of the case. Below are the sentences you can suspect for violations of this statute:

For a first-offense misdemeanor DUI, the potential penalties include the following:

  • A maximum of 6 months in county jail.
  • Fines ranging from $390 to $1,000.
  • A 6-month license suspension (without an Ignition Interlock Device, IID) with the possibility of obtaining a restricted license after 30 days to drive to and from work for five months.
  • Completion of a three or nine-month DUI program.

For a second-offense misdemeanor DUI, the penalties include:

  • Ninety-six hours to one year in jail.
  • Fines ranging from $390 to $1,000.
  • A one-year license suspension (two years without an IID), with the option of obtaining a restricted license after one year for driving to and from work.
  • Completion of an 18 or 30-month DUI program (SB 38).

Third offenses are misdemeanors. The potential penalties include:

  • 120 days to 1 year in jail.
  • Fines ranging from $390 to $1,000.
  • A 2-year license suspension (3 years without an IID).
  • Completion of a 30-month DUI program.

     h) DUI Causing Injury

Driving a car under the influence of alcohol or drugs and causing bodily injury to another person violates VC 23153.

DUI-causing injury is more serious than a standard DUI because it involves harming another person. Prosecutors must establish the following elements beyond a reasonable doubt to establish your guilt:

  • You drove a car during the incident.
  • You were under the influence of alcohol or drugs.
  • Your impaired driving directly caused bodily injury to another person.
  • There must be a clear and direct connection between your impaired driving and the bodily injury the other person suffers. It must be evident that the injuries would not have occurred without your actions related to driving under the influence.

Penalties for a VC 23153 Violation

If you are found guilty of a DUI that caused another individual to sustain injuries, you could face misdemeanor or felony penalties. Misdemeanor penalties include:

  • Summary or informal probation.
  • Up to one year in jail.
  • A fine of up to $5,000.
  • Restitution to the injured parties.
  • Attendance and completion of a DUI education program, and
  • A driver’s license suspension lasting for up to three years.

The potential punishment for felony DUI with injury includes the following:

  • Up to four years in prison.
  • A strike per California’s Three Strikes Law if another individual other than yourself suffers great physical harm.
  • A fine of up to $5,000.
  • completion of a DUI school program.
  • HTO (Habitual Traffic Offender) status for three years, and
  • Revocation of your driver’s license for five years.

     i) Underage DUI

Drivers under 21 risk facing criminal charges if arrested for driving under the influence of alcohol or drugs. You risk facing prosecution under VC 23136 or Vehicle Code 23140.

Vehicle Code 23136 in California relates to the "Zero Tolerance" law for underage drivers regarding driving under the influence of alcohol. This law applies to drivers under the legal drinking age of 21.

Per VEH 23136, it constitutes a civil offense when an individual under the age of 21 operates a motor vehicle while exhibiting a BAC level of 0.01% or above. This means that even a trace amount of alcohol in an underage driver's system can violate this law.

In contrast, within the framework of VEH 23140, it is deemed unlawful for an individual below 21 years of age to be in control of a motor vehicle if their BAC registers at 0.05% or exceeds this threshold. This means that even if the driver's BAC is below the legal limit for individuals over 21 (0.08%), they can still face penalties if their BAC is 0.05% or higher.

Penalties for Underage DUI

A violation of VC 23136 results in a license suspension.

On the other hand, VC 23140 is an infraction. For violating VC 23140, you will face the following punishment:

  • A suspension of your license.
  • A $100 fine and
  • If you are 18 or older, mandatory attendance in an alcohol education program.

Additionally, your car will be impounded for at least five days if:

  • You have a prior conviction for a VC 23140 violation or a standard DUI and
  • Your BAC is .10% or higher, or you refused to submit to a chemical test.

     j) Watson Murder

DUI murder, or "second-degree murder with implied malice" or "Watson murder," is a specific criminal offense. It applies when a person causes someone's death while driving under the influence of alcohol or drugs, displaying a conscious disregard for human life.

The origin of the Watson advisement can be traced back to a significant California Supreme Court case called People v. Watson. In this landmark ruling, the court established that individuals with a prior DUI conviction could face a second-degree murder charge if they cause a fatal accident while driving under the influence.

The Watson advisement is a cautionary measure provided to individuals convicted of DUI in California. Typically given during sentencing, it aims to alert the defendant about the consequences they could face if they cause another DUI-related incident resulting in someone's death. Its purpose is to ensure the defendant knows that future instances of similar conduct can lead to murder charges.

If a person with a previous DUI conviction is involved in a fatal DUI-related accident, they could potentially be charged with second-degree murder based on California's implied malice theory. According to this theory, individuals who knowingly choose to drive under the influence can be held accountable for any resulting deaths, despite being aware of the inherent dangers.

Penalties for DUI Murder

A conviction for Watson murder will result in the following penalties:

  • 15 years to life in prison.
  • A fine of up to $10,000, and
  • A “strike” on your record per California’s “Three Strikes” law.

Implied Consent Laws

Implied consent laws stipulate that by operating a motor vehicle in the state, drivers are deemed to have given their implied consent to chemical testing for alcohol or drugs if lawfully arrested for a DUI offense. These laws are designed to promote public safety by addressing the dangers posed by impaired driving.

Under implied consent laws, if lawfully arrested for DUI, you must undergo a chemical test to determine your blood alcohol level or drug presence. The chemical tests can include breath, blood, or urine tests.

Refusing to submit to a chemical test after a lawful DUI arrest can have consequences. California has what is referred to as "implied consent refusal penalties." If you refuse a chemical test, the DMV can suspend your driver's license administratively. These penalties are separate from any criminal penalties imposed by the court for a DUI conviction.

The length of the license suspension for refusing a chemical test varies based on prior DUI convictions and the circumstances of the refusal. The DMV imposes longer suspension periods for subsequent refusals or refusals following a prior DUI conviction.

Administrative Hearings

When facing potential actions by the California Department of Motor Vehicles (DMV) regarding your driving privileges, you can request an administrative hearing to contest their decisions. These hearings allow you to challenge actions, including driver's license suspensions or revocations, accumulating points on your driving record, or medical reviews that could affect your driving ability.

If your license is at risk of suspension, you can request an administrative hearing to present your case and provide evidence to support your position. Similarly, if you are facing a negligent operator suspension due to multiple traffic violations or points on your record, a hearing allows you to contest the suspension and present any mitigating factors.

In cases where the DMV initiates a medical review suspension based on concerns about your ability to drive due to a medical condition, requesting a hearing enables you to present evidence demonstrating your capability to drive safely.

You have the right to request an administrative hearing to challenge the suspension for DUI-related suspensions resulting from a failed or refused chemical test. During the hearing, you can present evidence, question witnesses, and argue your case before a DMV hearing officer.

Find a Criminal Defense Attorney Near Me

A violation of the DUI laws results in significant penalties. You can avoid or serve less harsh penalties when you enlist the services of a Santa Ana attorney with experience handling DUI-related offenses. He/she will represent you in the DMV hearings and the criminal proceedings. The California Criminal Lawyer Group is ready to offer legal aid and representation. Contact our team at 714-844-4151 to schedule a case evaluation.