Facing a Driving Under the Influence (DUI) charge in California can be an overwhelming and distressing experience. The consequences of a DUI conviction can be severe, impacting your freedom, finances, and future.

However, you do not have to face this challenge alone. At California Criminal Lawyer Group, we understand the complexities of DUI cases and are here to provide you with the expert legal representation you need. Our team of dedicated DUI defense lawyers in Fresno have a deep understanding of California's DUI laws and are committed to helping you navigate this difficult time and achieve the best possible outcome for your case.

The Meaning of DUI

The term “Driving Under the Influence” (DUI) refers to the act of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both substances. DUI is considered a serious criminal offense due to the potential dangers it poses to both the driver and others on the road.

In California, the legal definition of DUI is provided under the California Vehicle Code, specifically sections 23152(a) and 23152(b). These sections outline the two primary ways in which a person can be charged with DUI in the state:

  • Section 23152(a) DUI — Under this section, it is unlawful for any person under the influence of alcohol or drugs to operate a motor vehicle. Here, the term "under the influence" typically means that the individual's physical or mental abilities are impaired to the extent that they can no longer drive a vehicle with the caution of a sober person under similar circumstances.
  • Section 23152(b) DUI — This section specifically addresses DUI related to blood alcohol concentration (BAC). This section states that it is unlawful for any person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The limit is typically lower for commercial drivers, usually 0.04% BAC or higher.

Note that for individuals under 21, California has a "zero tolerance" policy, meaning any detectable amount of alcohol in their system while driving can result in a DUI charge. California's DUI laws can be complex, and penalties for DUI convictions can vary depending on factors such as prior DUI convictions, the specific circumstances of the offense, and whether any injuries or fatalities resulted from the DUI-related incident.

Additionally, California has implied consent laws, which mean that by obtaining a driver's license, individuals agree to submit to chemical testing (usually a breathalyzer or blood test) if they are lawfully arrested on suspicion of DUI. Refusing to submit to these tests can lead to separate penalties, including a driver's license suspension.

DUI as a Priorable Offense

In California, DUI is considered a "priorable" offense, meaning that the penalties for DUI convictions can increase substantially for individuals who have prior DUI convictions on their record. The state's DUI laws include provisions that take into account a person's history of DUI offenses when determining the penalties for a new DUI conviction.

These escalating penalties are designed to deter repeat DUI offenders and emphasize the importance of responsible driving. Here is how DUI as a priorable offense works in California:

  • First DUI offense — For a first-time DUI conviction in California, penalties typically include a $390-$1,000 fine, misdemeanor probation for three to five years, attendance at DUI education programs for three or nine months, a county jail term of up to six months, and the possibility of a driver's license suspension for up to ten months. The specific penalties can vary depending on the circumstances of the case but are generally less severe than those for subsequent convictions.
  • Second DUI offense — If an individual is convicted of a second DUI offense within ten years of the first conviction, the penalties become more severe. These may include a $390-$1,000, a longer license suspension period, which may be up to two years, mandatory alcohol treatment programs for up to 30 months, a probation period of three or five years, and the possibility of jail time that may be up to one year.
  • Third DUI offense — A third DUI offense within a 10-year period results in even more severe penalties. This can include substantial fines of up to $1,000, a longer license suspension period of up to three years, a misdemeanor probation term of three or five years, mandatory completion of an 18-month or 30-month multiple-offender alcohol program, and a greater likelihood of jail time that may be up to one year. The California Department of Motor Vehicles (DMV) may also designate the convict as a Habitual Traffic Offender (HTO).
  • Fourth or subsequent DUI offenses — Convictions for a fourth or subsequent DUI offense within a 10-year period are treated as felonies in California. Felony DUI convictions carry even more significant penalties, including longer prison sentences of up to three years, substantial fines of up to $1,000, an order to attend a DUI school for 30 months, a felony probation term of a maximum of five years, and a license suspension period of up to four years or for life. Additionally, the DMV may designate the convict as a HTO.

The 10-year lookback period is crucial in determining whether a DUI offense is a priorable offense. If an individual is convicted of a DUI after ten years have passed since their previous DUI conviction, the new offense is typically treated as a first-time offense in terms of penalties.

California's DUI laws are complex, and the penalties for DUI convictions can have a significant impact on an individual's life. For this reason, anyone facing DUI charges in California, especially those with prior DUI convictions, should seek legal representation from an experienced DUI defense attorney who can provide guidance and build a strong defense strategy to mitigate potential consequences.

Aggravating Factors That Can Increase Your Sentence

In California, as in many other states, certain aggravating factors can increase the sentence or penalties associated with a DUI conviction. These factors are considered more serious and can result in harsher consequences for individuals convicted of DUI.

Here are some common aggravating factors that can lead to increased sentences:

  • High BAC — A BAC significantly above the California legal limit can result in enhanced penalties. In California, having a BAC of 0.15% or higher is often considered an aggravating factor, leading to increased fines, longer alcohol education programs, and, in some cases, mandatory installation of an ignition interlock device (IID) on the offender's vehicle.
  • Excessive speed — Driving at an excessively high speed while under the influence can lead to increased penalties. Engaging in reckless driving behaviors, such as driving 20 miles per hour or more over the posted speed limit, can result in enhanced punishments.
  • Refusal to submit to chemical testing — If a driver refuses to submit to a breathalyzer, blood, or urine test when lawfully arrested for DUI in California, they may face additional penalties. These penalties can include an automatic driver's license suspension, and the refusal can be used against them in court.
  • Prior DUI convictions — As mentioned earlier, prior DUI convictions within a specified lookback period (usually ten years) can lead to increased penalties for subsequent DUI convictions. Each subsequent conviction within that period typically results in more severe consequences.
  • Child endangerment — If a person is arrested for DUI with a child under 14 in the vehicle, they may face additional charges related to child endangerment. This can lead to increased penalties, including potential jail time and child custody issues.
  • Accidents with injuries or fatalities — If a DUI-related accident results in injuries or fatalities to others, the offender can face significantly harsher penalties, including potential felony charges and lengthy prison sentences.
  • Reckless driving or other criminal charges — Engaging in other dangerous behaviors, such as reckless driving, evading law enforcement, or possessing illegal substances, in conjunction with a DUI arrest can lead to more severe consequences, including additional criminal charges.
  • Driving on a suspended or revoked license — If a person is arrested for DUI while their driver's license is already suspended or revoked due to a prior DUI or other offenses, they can face increased penalties, including extended license suspensions and potential jail time.

The specific penalties for these aggravating factors can vary depending on each case's circumstances and the court's discretion. Suppose you are facing DUI charges with aggravating factors. In that case, it is essential to reach out to an experienced DUI defense lawyer who can assess your case, develop a strong defense strategy, and work to mitigate potential consequences.

DUI DMV Hearings

In California, when you are arrested for DUI, the DMV initiates a separate administrative process related to your driver's license. This process, known as a DMV hearing, focuses on whether your driving privileges should be suspended or revoked based on the DUI arrest.

To request a DMV hearing, you must act quickly. You typically have only ten calendar days from the date of your DUI arrest to request a hearing with the DMV. You or your attorney can request the hearing by completing and submitting a "Request for DMV Administrative Per Se (APS) Hearing" form and the appropriate fee to the DMV.

The hearing is usually conducted by a DMV hearing officer, and it can take place in person, over the phone, or by written declaration, depending on your preference and circumstances. During the hearing, evidence and testimony related to your arrest, such as the results of chemical tests and law enforcement procedures, will be considered.

The DMV hearing primarily focuses on specific issues, which include whether:

  • Law enforcement had reasonable cause to believe you were driving under the influence.
  • You were lawfully arrested for DUI.
  • Your blood alcohol concentration (BAC) was at or above the legal limit (0.08% for most drivers, lower for certain categories like commercial drivers).

If any of these issues are not proven, your driver's license may not be suspended. On the other hand, if these issues are proven, the DMV will typically impose a suspension or revocation of your driver's license based on the circumstances of your arrest, your prior DUI history, and any other relevant factors.

It is highly advisable to have legal representation during your DMV hearing. A skilled DUI defense lawyer can help you prepare your case, challenge evidence, and present arguments on your behalf to protect your driving privileges.

Remember that the DMV hearing is separate from the criminal court proceedings related to your DUI charge. Winning or losing the DMV hearing does not affect the criminal penalties you may face if convicted of DUI in court.

However, a successful DMV hearing can help you retain your driving privileges while your criminal case is ongoing. Consulting with an attorney experienced in California DUI defense is crucial to effectively navigate the DMV hearing and criminal court process.

How Does an IID Work?

An Ignition Interlock Device (IID) is a breathalyzer-like device installed in a vehicle to prevent a person from driving while intoxicated. As a DUI convict, the DMV may require you to install an IID for a certain period to get back your license.

The IID is connected to a vehicle's ignition system and requires the driver to provide a breath sample before starting the vehicle. Here is how an IID works:

  • Initial breath test — When a driver attempts to start the vehicle, they must blow into the IID. This initial breath sample is used to measure the driver's BAC. The vehicle will start as usual if the BAC is below a pre-set limit (usually 0.02% or 0.04%).
  • Random rolling re-tests — To ensure the driver remains alcohol-free while operating the vehicle, the IID may require random "rolling re-tests" while driving. These re-tests occur at unpredictable intervals, often every 15 to 45 minutes. The driver is prompted by a signal (usually a sound or a light) to provide another breath sample. This feature prevents a sober individual from initially providing a clean breath sample and then allowing an intoxicated person to take over the driving.
  • Failed tests — If a test detects alcohol above the pre-set limit, several consequences can occur, depending on the specific IID model. In some cases, the vehicle's horn may honk, and lights may flash to get the driver's attention. The vehicle’s engine may also shut off, and the event will be recorded in the device’s memory.
  • Data logging and reporting — IID devices record data about each breath test, including the BAC readings, the date, time, and location of the tests, and whether they were passed or failed. This data is stored in the device's memory and can be downloaded periodically for monitoring and reporting to authorities, such as the DMV or court.
  • Tamper and circumvention prevention — IIDs are designed to prevent tampering or circumvention. They often have anti-circumvention measures such as cameras to ensure the driver providing the breath sample is the person required to do so.
  • Periodic maintenance — IIDs require regular maintenance and calibration to ensure accuracy and reliability. Drivers typically need to visit an authorized service center for maintenance at specified intervals.

How to Fight DUI Charges

Facing DUI charges can be frustrating, but there are several legal defenses that a skilled DUI attorney can use to challenge the charges. The applicability of these defenses depends on the specific circumstances of the case.

Here are some common legal defenses to DUI charges:

  • Lack of probable cause for the stop — The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement did not have a valid reason (probable cause) to pull you over, any evidence obtained after the stop may be challenged.
  • Invalid Field Sobriety Tests (FSTs) — Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by factors other than intoxication. The results may be challenged if the tests were administered incorrectly or unfairly.
  • Inaccurate or faulty breathalyzer/blood tests — Breathalyzer and blood tests are not infallible. Issues such as improper calibration, maintenance, or administration of the tests can lead to inaccurate results. Your attorney can challenge the reliability of the test results.
  • Rising BAC defense — The "rising BAC" defense argues that your BAC was below the legal limit at the time of driving but increased afterward. This can occur if you consume alcohol just before or while driving.
  • Medical conditions or medications — Certain medical conditions, medications, or even mouthwash can lead to false-positive breathalyzer readings. Your attorney can present evidence that a medical condition or medication influenced the test results.
  • Violation of Miranda rights — If law enforcement failed to read you your Miranda rights (the right to remain silent and the right to an attorney) before questioning, statements you made during questioning may be inadmissible in court.
  • Chain of custody issues — For blood test results, your attorney can question the chain of custody to challenge the reliability of the blood sample.
  • No actual driving — In some cases, the charges may be challenged if you were not actually driving the vehicle or there is no evidence to prove that you were driving while intoxicated.
  • Improper police procedures — Your attorney can investigate whether law enforcement followed proper procedures during your arrest, including reading implied consent warnings, adherence to mandatory waiting periods, and other legal requirements.
  • Duress or coercion — If you were forced to drive under the influence against your will due to threats or coercion, you may have a defense based on duress.

Note that the effectiveness of these defenses can vary based on the specific facts of your case. To determine the most appropriate defense strategy for your situation, it is crucial to consult with an experienced DUI defense attorney who can assess the details of your case and advocate for your rights in court.

Dry Reckless and Wet Reckless as Plea Bargains to DUI Charges

In DUI cases, "dry reckless" and "wet reckless" are often used as plea bargain options that defendants may consider instead of going to trial or facing the full penalties of a DUI conviction. Both are lesser charges that typically result in reduced consequences compared to a standard DUI conviction, but they have distinct differences.

A "dry reckless" is a charge of reckless driving without alcohol involved. It does not carry mandatory license suspension but appears on your driving record. A dry reckless is considered a less serious offense than a DUI and often comes with reduced fines and penalties.

On the other hand, a "wet reckless" is a charge of reckless driving involving alcohol. It is sometimes offered as a plea bargain when the prosecution's case for DUI is not very strong. Like dry reckless, wet reckless is a less severe charge than DUI, typically carrying reduced penalties. However, wet reckless charges may still involve mandatory DUI programs or classes, and they can be used as a prior offense in case of subsequent DUI charges within the statutory ten-year lookback period.

Note that the availability of these plea bargains can vary by the specific circumstances of your case. The decision to accept a plea bargain depends on various factors, including the strength of the prosecution's case, your prior criminal history, and your attorney's negotiation skills.

Below, we list the pros of accepting a dry or wet reckless plea bargain:

  • Reduced penalties compared to a standard DUI conviction.
  • Avoiding or minimizing mandatory license suspension.
  • Potential for shorter probation periods.
  • Less impact on your criminal record.

Before considering a dry or wet reckless plea bargain, it is crucial to consult with an experienced DUI defense attorney who can evaluate your case, explain the potential consequences, and help you make an informed decision based on your specific circumstances and legal goals. Ultimately, the decision should be based on what is in your best interest and what aligns with your long-term legal strategy.

Find a Fresno DUI Defense Attorney Near Me

Whether you are a first-time offender or have prior DUI convictions, your future is worth defending, and we at California Criminal Lawyer Group are here to help you. Do not let a DUI charge define your future—take action today to protect your rights and secure the legal representation you deserve.

If you or a loved one is facing DUI charges in Fresno, we invite you to contact us for a confidential consultation. Let us be your advocates, working tirelessly to safeguard your interests and explore every available option for your defense. Call us at 559-712-8377.