The first time you are arrested for drunk driving may feel like the end of the world. A DUI conviction attracts tough criminal penalties, not to mention that you may also lose your driving privileges and suffer higher auto insurance rates. The worst part is that a DUI on your record means you risk facing more severe penalties with subsequent convictions. Fortunately, even the worst drunk driving case in California, CA, is not as hopeless as many may assume. There are more than a few smart ways to challenge the prosecution’s case to have your charges dropped or to minimize the criminal penalties allied with an arrest. At California Criminal Lawyer Group, we have a seasoned defense team that has demonstrated exceptional proficiency levels over the years. We have a proven track record of utilizing the resources at our disposal and using the best defense tactics to achieve the best outcome.
Each case is unique, and we dedicate ourselves to getting our facts right each time. This enables us to determine the steps to take and the best defenses to achieve favorable outcomes. You can trust us with your case and your future.
Types of Driving Under the Influence (DUI) Charges in California
There are different types of DUI charges, and each case presents a unique set of complications and penalties. Here’s a list of the most common offenses in California.
Open Container Law
California laws prohibit consuming alcohol when a car is in motion. This law applies to both drivers and passengers. If you have alcohol in your ride, it should be sealed and stored in the trunk. The authorities consider a container to be open if:
- A bottle’s seal is open
- Some of a bottle’s contents are missing
- You have alcohol in other vessels, such as a cup
Violating the open container law is considered an infraction and not a criminal offense. If you are above 21 years old, the offense’s punishment is a fine not exceeding $250. If you are below this age, you may face misdemeanor charges.
Misdemeanor DUI
California laws classify most DUI cases as misdemeanor offenses. However, a crime can also be charged as a felony, depending on your speed, accident involvement, and criminal history. The penalties for a misdemeanor DUI include:
- Jail time
- A fine not exceeding $1,500
- Driver’s license suspension
- Mandatory enrollment in a DUI school (courses can be as long as 30 months)
Felony DUI
When a DUI case has aggravating factors, it is likely to be charged as a felony. These factors may include:
- Previous DUI felony convictions
- Three or more previous DUI convictions in less than ten years
- An accident that causes the death or injury of another road user
Unlike misdemeanor DUI, a felony attracts tougher penalties. They may include
- 16 months — 16 years’ imprisonment in state prison
- A fine not exceeding $5,000
- Driver’s license suspension for up to 5 years
- Mandatory enrollment in a DUI school (18 months minimum)
Manslaughter DUI
Drunk driving that kills another road user is considered manslaughter. This crime is a wobbler offense charged as a felony or misdemeanor based on a case’s facts. Usually, an incident caused by gross misconduct is charged as a felony punishable by up to 16 years imprisonment.
Excessive BAC DUI
Under California’s Vehicle Code Section 23578, operating an automobile if your blood alcohol concentration exceeds the legal limit of between 0.01% and 0.08% qualifies you for sentencing enhancements. Vehicle Code Section 23538(b)(1) subjects drunk drivers with over 0.20% BAC to even tougher penalties. This is because drivers with more alcohol in their systems are more dangerous and deserve to face tougher penalties.
Note that excessive BAC is not a different criminal offense but a sentence enhancement. This means that sentence enhancement cannot be applied if your case is dismissed.
There are three standard thresholds for excessive BAC. They include:
- BAC .08%
- BAC .15%
- BAC .20% and above
If your level of intoxication exceeds 0.08, you pose a danger to other road users. This level of impairment is characterized by impaired speech, balance, reasoning, and reaction time. The worst part is that a driver may feel as though he/she is functioning just fine.
When your blood alcohol concentration exceeds 0.15%, you are deemed dangerously impaired. This level of intoxication impairs both the body and mind. It is characterized by excessive loss of balance, significantly impaired judgment, and compromised vision.
At 0.20% BAC, a driver is dysfunctional. He or she may experience confusion, disorientation, and even blackouts. Unfortunately, over half the number of fatal vehicular crashes can be blamed on drivers with a BAC higher than 0.15%.
Zero Tolerance Policy
The legal drinking age in California is 21. Anyone below this age who drinks and drives may face additional charges under the zero-tolerance policy. This offense attracts harsh penalties, including:
- The loss of driving privileges
- Jail time
- Mandatory enrollment in a DUI school
- A fine not exceeding $100
- DUI probation for 3 to 5 years
Driving With a Suspended or Revoked License
Driving without a valid license (revoked after a DUI) is a serious offense that attracts a penalty of mandatory imprisonment for ten days in county jail. If you are caught driving with a revoked or suspended license for the second time, this may result in mandatory incarceration for a minimum of 30 days in county jail. Repeat offenses are also penalized by the mandatory installation of an ignition interlock device in your vehicle.
DUID
Driving under the influence of drugs is just as dangerous as driving under the influence of alcohol. You could face charges, irrespective of whether the impairing drug is legal or illegal. There is no excuse for impaired driving, and even prescription drugs can earn you a DUI conviction.
Unlike testing the blood alcohol levels of a driver, there are currently no gadgets capable of testing drug levels and providing instant results. Police officers often depend on urine and blood tests, although they also have the authority to pull you over and demand to screen for drugs.
The penalties for DUID (driving under the influence of drugs) are identical to those of a normal DUI. The only difference is that your driver’s license can only be revoked upon conviction.
What Can Be Used As Evidence Against You?
A police officer can only pull you over if there is probable cause. Once you stop, he/she may ask you a few questions and proceed to carry out basic investigations. It remains imperative to know what can be used against you in case of DUI charges. Fortunately, most evidence gathered at a stopover is not rock solid, and there is much an attorney can do to challenge it.
Here are the main types of proof used in a DUI case:
Driving Patterns
As aforementioned, an officer of the law needs to have probable cause to pull you over. This is unless you are involved in an accident. Anything from ignoring traffic signs to erratic driving is considered enough grounds to warrant a traffic stop.
According to the National Highway Traffic Safety Administration, there are at least 20 driving patterns that often indicate drunk driving. Again, this form of evidence is not rock solid and is only accurate by about 35%. The prosecution must use various other forms of evidence when building a case against you.
Behavior
After being stopped, the police will search for cues of intoxication. This may include the smell of alcohol or bloodshot eyes. Your behavior such as slurred speech, trembling hands, the inability to follow directions, and being uncooperative may also indicate intoxication.
Field Sobriety Tests
You don’t need to take field sobriety tests. However, you are likely to be arrested if you refuse to take the test. More often than not, the police officer will begin by using a breathalyzer to check your blood alcohol concentration. Other tests include walking in a line and reciting the alphabet.
Your Statements
In most cases, the police will ask you directly or indirectly whether you were drinking. It is always their joy when you make work easier and admit guilt. Before you provide information about where you were, where you are headed, and the number of drinks you have consumed, remember that anything you say can be used against you in court.
The law protects you from having to incriminate yourself. It is perfectly legal to decline to answer the questions and request to speak to your attorney. Remember that the police are only required to give the Miranda warning during the actual arrest. Still, they can use your pre-arrest statements to incriminate you.
Urine, Breath, and Blood Tests
The results of urine, breath, and blood tests are perceived to be the most accurate form of evidence during a DUI case. Still, these tests, especially those conducted by the roadside, leave a margin for error. Post-arrest tests, however, are often accurate, more so those performed in a police station or hospital.
No form of DUI evidence is too solid for a skilled attorney. We represent numerous clients each year and have developed sure strategies for fighting even the most concrete cases.
Field sobriety test results are prone to inaccuracies, and drivers can swerve or drive slow for all sorts of reasons. Furthermore, police officers are biased, especially when they have already formed their opinion about a driver. We can help gather evidence that tells a different story and raises doubt about your guilt.
Penalties for Different DUI Convictions
A DUI conviction can affect your life in many ways. Apart from serving jail time and paying fines, the outcome of a case may also impact your ability to work, drive, vote or own a firearm. An easy way to avoid or reduce these penalties is to work with an attorney who has the skills and resources to fight back on your behalf.
DUI penalties in California vary depending on a defendant’s on-road history. If you are charged with a wobbler offense, for instance, the prosecution may file it as a misdemeanor if you don’t have prior DUI convictions. Prior convictions on your record may, on the other hand, force the prosecution to charge a wobbler offense as a felony.
The current DUI laws in California indicate that a conviction counts as a prior offense if it happened less than a decade ago. Once the record is ten years or older, it is not deemed a prior conviction and cannot be used to increase the penalty for a current DUI offense.
Here is a summarized overview of DUI penalties in California:
First Offense
- Imprisonment for up to 6 months
- A fine not exceeding $1,000
- Up to 6 months license suspension
Second Offense
- Incarceration for up to 1 year
- A maximum fine of $1,000
- License suspension for up to 2 years
Third Offense
- Up to one year jail time
- A fine of up to $1,000
- Revoked driver’s license for up to 3 years
Fourth Offense (felony)
- Jail sentence of up to 3 years
- A fine of not more than $1000
- License suspension for four years max
Injury DUI
- Incarceration for three years max
- A maximum fine of $1,000
- Revoked driving rights for 1 to 3 years
Felony Injury DUI
- Imprisonment for a maximum of 3 years
- A fine between $1,015 and $5,000
- Suspended license for up to 5 years
Understanding the Legal Process of A DUI Case in California
When dealing with DUI charges, it is best to understand that time is not on your side. The legal process begins immediately after an arrest, and you must act fast to protect your rights and best interests.
Here are the six main steps involved in the legal process of a DUI case:
The Arrest
A police officer can arrest you at an accident scene or after a traffic stop. You will be taken to the police station and booked. Because you still have a right to one phone call, it is best to use this right to communicate with your attorney.
Before you are arrested, the police will gather substantial evidence against you. They will also confiscate your license and issue a temporary driving permit that expires in 30 days. One of the key reasons you must act fast is for you to avoid an unjust cancellation of your driver’s license.
Department Of Motor Vehicles (DMV) Hearing
DUI charges can put you at a loss of your driving privileges way before you appear in court. California laws allow the Department of Motor Vehicles to automatically suspend your driver’s license upon a DUI arrest. This is also known as called “administrative suspension.”
You have a maximum of 10 days to act, or the DMV will suspend your license automatically. Before this time expires, you can file a petition requesting a DMV hearing. The best way to improve your odds of achieving a favorable outcome during the hearing is to work with a skilled DUI attorney.
The Arraignment
During the arraignment, the prosecution and your attorney will present your case in front of a judge. Your charges will be read at this hearing, and you can enter a guilty or not guilty plea. It is common for the prosecution to table a deal at this point in exchange for a guilty plea.
Most defendants don’t know that it is not necessary to take a prosecutor’s plea deal before the arraignment. In most cases, it is best to plead not guilty and wait until the prosecution shares its evidence with your attorney and vice versa. It is easier for your attorney to negotiate to have your charges dismissed or dropped after the discovery phase.
Pre-Trial
The majority of DUI cases are resolved during this phase of the legal process. The prosecution must share all evidence against you with your attorney. A competent lawyer will do some serious detective work to determine whether your rights were respected and whether it is possible to have some of the proof thrown out.
With a solid defense team on your corner, you can make even a concrete case appear shaky. From questioning the breathalyzer’s accuracy to dismissing evidence gathered using crafty means, your attorney can gain better bargaining power and negotiate for the best deal.
Trial
In some instances, the best course of action is to refuse a plea deal and go to trial. A trial can be risky, although it can also increase your chances of achieving the best outcome, especially if the prosecution’s case is weak. A skilled lawyer will present your side of the story, table evidence, and use arguments to convince the judge or jury of your innocence.
Sentencing
Ideally, the jury can acquit you, and you can go on with your normal life. In case they find you guilty, all is not lost. Your DUI attorney can still negotiate for a lighter sentence.
Hiring an experienced DUI attorney to represent you can make all the good difference in your case’s outcome. While you could choose to self-represent or have the courts assign a public defender for free, your best chance of winning a case is to work with a lawyer who is dedicated to providing outstanding services. You may not have the right skills to defend yourself effectively, and a public defender is likely to lack the time to offer the level of dedication required.
Best Defenses To Fight California DUI Charges
The list of defenses that can be used to fight DUI charges in California is endless. However, each case is unique, and not all defenses can be applied when fighting your charges. A seasoned attorney will study your case and the evidence against you before choosing the best defenses to apply.
Bad Driving Is Not Always a Sign of Intoxication
The police can only pull you over if they detect traffic violations or driving patterns that suggest intoxication. For instance, you are likely to be pulled over if you are weaving between lanes, driving too fast, or driving too slow. If you are stopped based on nothing but a hunch, your attorney could challenge the stop’s validity to deem all evidence gathered invalid.
Objective Symptoms of Intoxication
Red eyes, slurred speech, and an unsteady gait are the most common signs and symptoms of intoxication. The same symptoms are expected if you spend too much time in the sun or suffer from allergies. If an officer imposes DUI charges solely based on such objective symptoms, your attorney can claim they were caused by other factors that have nothing to do with drug or alcohol consumption.
Faulty Results for Field Sobriety Tests
One of the highlights of the prosecution’s case is your performance during the field sobriety tests. If you cannot stand on one leg or recite the alphabet without mumbling, this is not enough reason to face DUI charges. A reliable attorney can blame your poor performance on physical conditions such as your shoes or weight. A case is also likely to be dismissed if your lawyer attacks an officer’s ability to administer the tests correctly.
Inaccurate PAS (Preliminary Alcohol Screening)
Preliminary Alcohol Screening (PAS) devices can be inaccurate, especially when they are not properly calibrated. Compared to the machines at the police station, PAS gadgets are more prone to flaws. When it comes to DUI cases, even a concentration of 0.01% could make the difference between being within the legal BAC limit and drunk driving.
Furthermore, even if the gadget is accurate, it could show a false positive because of other factors unrelated to drugs or alcohol consumption, such as food or medication.
Rising BAC Level
Once you drink an alcoholic beverage, your BAC (blood alcohol concentration) rises gradually and reaches its peak after an hour or so. California laws prohibit driving when your BAC is above the legal limit. A lawyer could argue that your BAC was just fine when you were driving. It increased between the time you were stopped and when you took the breath test.
Find a California Criminal Lawyer Group Near Me
Drunk driving charges in California, CA, can take a toll on every aspect of your life if you lack a solid defense team fighting for you. Apart from facing criminal charges, your reputation, profession, and livelihood may be in jeopardy. Fortunately, you can always turn to us at the California Criminal Lawyer Group for dependable legal representation. It is imperative that you move fast to prevent automatic license suspension and keep up with court hearing dates. Give us a call today at 559-712-8377 for a free, no commitment, and confidential evaluation of your case.
