The offense of drinking and driving is a serious one and can be a nightmare if you end up with a conviction. DUI is the most commonly committed offense in California because people easily exceed the recommended blood alcohol weight when not drinking carefully. A minor mistake like this can result in severe consequences when convicted, hence retaining legal counsel. At Bakersfield Criminal Attorney, we are committed to protecting your rights and fighting the drunk driving charges by devising the best defense strategies.

Legal Definition of DUI

Driving under the influence (DUI) in California is a misdemeanor offense when police officers notice signs of drunk or drugged driving. The drugs in question can be prescription medicine by your physician or controlled substances.

California law enforcement takes this offense seriously because drunk or drugged driving usually results in accidents endangering lives and causing property destruction. The reason drinking and driving are prevalent is that alcoholic beverages are common in California. Due to the high rate of alcohol consumption, it’s easy for people to drink and drive.

Ways You Can Be Apprehended For Driving Under the Influence

A law enforcement officer can arrest you for drunk driving if you portray signs of drunk or drugged driving, like erratic driving. When an officer notices these signs, they flag you down to conduct further investigations. The law requires that the officer observes you for fifteen minutes to look for probable cause for an arrest.

Similarly, you could be arrested at a sobriety checkpoint where officers pull over motorists randomly to arrest drivers who infringe traffic laws. Drunk drivers try their best to avoid these checkpoints, and many fail to stop when they reach these checkpoints, resulting in arrests.

If you comply and pull over at a checkpoint when drunk, the field officers at the checkpoint will evaluate your BAC level by conducting a breathalyzer test. If the blood alcohol weight surpasses the legal limit of .08%, you will be arrested for DUI.

Action to Take After a DUI Arrest

What you do after an arrest for drinking and driving determines the course your case will take. Knowing the steps that occur after an arrest will ensure that the arresting officers observe the law when conducting their investigations. Furthermore, knowledge protects you from making mistakes that might end up implicating you further.

After a DUI arrest, the arresting officer must recite the Miranda warning informing you of your constitutional rights to remain silent and retain legal counsel. You should request to have your attorney present during interrogation to advise you accordingly and prevent mistakes that might result in you losing the case.

Right after the apprehension, you will be booked in police or jail custody and be presented before a judge within 24 hours, where the charges are read. Note that you don’t necessarily need to appear in court for a  bail hearing for a minor drunk driving offense. The arresting officer might issue you with a citation after booking, which requires you to appear in court at a future date.

Before appearing in court, make sure you speak to a criminal attorney experienced in DUI cases to conduct private investigations and collect the evidence required to contest the charges. An attorney will explain what to expect, the California laws that apply to your case, penalties, and possible defenses to reduce the anxiety associated with these arrests.

California DUI Statutes

California has some of the most stringent DUI laws nationwide, and agencies like the California Highway Patrol, county sheriff’s department, and the municipal police department work tirelessly to enforce the laws.

Drunk driving falls under two categories: Vehicle Code 23152(a) and VC 23152(b). These two charges are further discussed below.

California VC 23152(a)

As per VC 23152(a), it’s illegal to operate a motor vehicle while impaired or under the influence of an alcoholic beverage. When proving these cases where no BAC test results are available, the prosecuting team relies on your driving patterns to demonstrate to the court that you were drunk at the time of driving. Some of the driving habits that show impairment include:

  • Unsteady gait
  • Bloodshot eyes
  • Alcoholic beverage odor in your breath
  • Poor performance in the field sobriety tests (FSTs)

Note that VC 23152(a) also applies to DUI involving drugs. Suppose you operate a motor vehicle under the influence of drugs other than alcohol. In that case, they affect your nervous system, brain, and muscles to the extent you cannot drive like a sober person would have operated under the same circumstances. What’s critical in these cases is for the prosecutor to prove that you had consumed drugs, prescription medicines, or narcotics that impaired your ability to drive at the time of driving. 

California VC 23152(b)

According to VC 23152(b), it is illegal to operate a motor vehicle with a BAC level of .08% or more. Under this category, the prosecuting attorney uses chemical test results to prove to them that you were driving under the influence. Furthermore, the prosecutor must demonstrate that the blood alcohol level at the time of driving impaired your mental abilities. You could no longer operate like a sober person would in a situation like yours.

Offense Elements in DUI

An element of a crime is the part of the offense that the prosecuting attorney needs to demonstrate before the judge or jury for a conviction. The prosecutor’s details provided under VC 23152(a) are different from those of VC 23152(b).

Under subsection a, the elements the prosecutor must prove are:

  • You were driving a motor vehicle — Note that even the slightest movement satisfies the element. Sometimes if the car was not moving, the prosecutor could rely on circumstantial evidence that infers you were driving, for instance, the car keys being in the ignition.
  • You were driving under the influence — The officer testifies based on your erratic driving patterns, physical appearance, and poor performance in the FSTs.

The elements of the crime the prosecutor must demonstrate:

  • You drove a motor vehicle
  • At the time of driving, your BAC was .08% or above — To prove this element, the prosecutor relies on the results from chemical tests showing your BAC was beyond the designated limit.

Chemical Testing and Consent

The prosecutor relies heavily on BAC test results to convict you for DUI. For this reason, agreeing to a chemical test is critical in this case, and your consent is essential. The moment you are issued with a driver’s license, you agree to chemical testing, and even though the test is voluntary, failure to submit to chemical testing has its consequences. You will face enhanced penalties by both the court and the DMV.

The arresting officer is required to conduct an admonition which happens when you are taken to custody for booking. Here, the officer explains to you the consequences of not submitting to these tests.

It’s worth noting that a simple misunderstanding between you and the arresting officer may be misconstrued as a refusal to take a chemical test. Machine malfunction, failure to produce a sample for testing, or not understanding how to submit the test can also be misconstrued as refusal to take a test, and all could result in an increased sentence.

Consequences of a California DUI Conviction

California has no fixed penalties for DUI. The consequences imposed depend on the number of prior offenses and if there are aggravating circumstances in your case.

The majority of DUI cases are misdemeanors, but they can be raised to felonies if someone is injured, dies, or it’s your fourth DUI offense in the last ten years.

Consequences for a 1st DUI Sentence

If the court finds you guilty of a first DUI offense, you will face the following consequences:

  • Summary probation for between three to five years
  • County jail incarceration for no more than six months
  • Fines averaging between $390 to $1,000
  • A court-approved drug or alcohol treatment program
  • Mandatory installation of an ignition interlock device (IID) for six months

Remember that the court can order a six to ten-month driver’s license suspension or one-month driving with a restricted license where you only drive to work, DUI school, or college.

Consequences of a 2nd DUI Sentence

If you are sentenced for a second DUI offense within the last ten years, you will be eligible for the following consequences:

  • 36 to 60 months of summary probation
  • County jail custody for four days to twelve months
  • Court fines ranging between $390 to $1,000
  • Mandatory completion of a DUI school whose term ranges from 18 to 30 months
  • Compulsory installation of an IID without any restrictions

Punishment for a 3rd DUI Conviction

A third drunk or drugged driving offense within the lookback of ten years is also a misdemeanor, and upon sentencing, you will face:

  • The court imposed fines ranging from $390 to $1,000
  • Jail custody of between 120 days to 12 months
  • Driver’s license suspension for thirty-six months is convertible into 18 months of a restricted driver's license or installation of an IID for 24 months that allows you to drive anywhere.
  • Completion of a court-approved 30 months DUI school program
  • Being deemed a habitual traffic offender by the department of motor vehicles (DMV)

Remember, the DMV automatically suspends your driving privileges after 30 days if you do not request a hearing within ten days of your arrest. If you request a hearing within this window, you will retain the license until a DMV gives a verdict. Furthermore, you should understand a DMV hearing doesn’t occur if a DUI involves drugs. However, if the court convicts you for the offense, the DMV can go ahead and suspend your license.

Consequences of a DUI Causing Injuries or Death

When you drive under the influence and end up causing an accident that injures or causes death, the offense is deemed a wobbler. It means the prosecutor could charge you with a misdemeanor or felony, depending on the nature of your arrest and prior DUI convictions.

If the preferred charge is a misdemeanor, the penalties for a conviction include:

  • 36 to 60 months of summary probation
  • Jail incarceration for five days to twelve months
  • Court fines of $390 to $1,000
  • Completion of DUI school or alcohol program for three, eighteen, or thirty-six months
  • Installation of an IID for six months
  • Victim restitution

For a felony, the consequences you will face include:

  • Prison incarceration for 16 to 120 months and an additional and consecutive prison sentence of six years based on the number of people injured and severity of the injuries.
  • Chances of a strike under the Three Strikes Law
  • 18 to 30 months of drug or alcohol rehabilitation
  • Court fines between $1,015 to $5,000
  • Designation as a habitual traffic offender status for 36 months
  • Mandatory installation of an IID for 24 to thirty-six months with the freedom to drive everywhere.
  • Victim restitution

Consequences for a Felony DUI Conviction

For you to be charged with a felony DUI, you must have committed at least four DUI offenses within the last ten years. The penalties for a conviction include

  • 16, 24, or 36 months incarceration in a state prison
  • Court fines averaging between $390 to $1,000
  • Mandatory installation of an IID for a minimum of twelve months or driver’s license suspension for no more than 48 months
  • Designation as a habitual traffic offender

Aggravating Factors in DUI Cases

Particular factors can result in sentence enhancement. These factors are known as aggravating circumstances and often increase the DUI sentence penalties, independent of whether it’s your first, second, third, or subsequent offense. Some of the aggravating factors that can result in increased penalties are:

  • Having a BAC level of over .15%
  • Refusal to submit to chemical testing
  • Overspeeding because of drunk or drugged driving
  • Your drunk or drugged driving caused an accident
  • You were drinking and driving with a child 14 years or younger in the vehicle.
  • You were below 21 years at the time of committing the offense.

Alternative DUI Sentencing Options

Despite the harsh penalties of a DUI conviction, alternatives to these sentences exist. The options include incarceration in a private jail, community or roadside labor, and house arrest.

If you hire an experienced criminal attorney, they will explain to you these alternatives and convince the judge to impose them instead of other harsher penalties.

An attorney experienced in DUI cases can make all the difference in your case by ensuring no formal charges are filed and mounting the best legal defenses if the charges are filed and the case proceeds to trial.

Legal Defenses for California DUI Charges

In your case, an attorney’s work is to contest the charges against you by the prosecuting team. Relevant defense strategies are necessary for a successful defense, and this is the work of your attorney. The standard legal defenses for DUI are classified into three categories:

  • You were not intoxicated at the time of the arrest
  • You were not driving while impaired by alcohol or drugs
  • The arresting officer did not follow the required legal procedures when making the arrest.

A DUI charge is not entirely helpless because not all cases end up with a conviction. With the right defense attorney, you can devise the best legal strategies to fight the charges and avoid life-altering consequences that result from a sentence. Some of the defenses are:

  1. Your Reckless or Erratic Driving Patterns are Not Indications of Driving Under the Influence

You can assert that although you demonstrated erratic driving patterns, you were not under the influence of alcoholic beverages or drugs. However, prosecutors build their arguments for drunk or drugged driving on driving patterns meaning you could be wrongfully convicted for driving habits without necessarily being drunk or drugged.

The arresting officer usually testifies in court that they flagged you down and arrested you because of the driving patterns they observed. They relate your driving patterns to that of a drunk or drugged driver. Fortunately, an experienced attorney can rebut this testimony by arguing that most people who commit traffic violations are sober. The arresting officer’s claim is unreliable in proving driving under the influence.

  1. Showing Physical Signs of Drunkenness Doesn’t Mean You Were Driving Under the Influence

The physical symptoms you exhibit at the time of driving are what the prosecutor relies upon to show you were intoxicated. Some outward drunkenness symptoms include red and watery eyes, unsteady gait, slurred speech, and alcohol odor. Police officers are likely to arrest you for drunk driving if they observe these symptoms, but this does not necessarily mean you are intoxicated.

Luckily, with a DUI attorney by your side, you can find logical explanations for the physical symptoms you displayed other than being drunk or drugged. Suppose the arrest was due to red eyes. Your attorney can argue that you didn’t have enough sleep or you have an allergy.

  1. You Had a Rising Blood Alcohol

Drinking before you operate a car is not an offense. What is illegal is driving while drunk with a BAC that exceeds the legal limit. Immediately you take alcohol, your BAC starts rising until it reaches the maximum level. It takes between 45 to 180 minutes for the BAC to increase to the maximum.

If you had just completed taking alcohol when an officer flagged you down on your home, the alcohol levels in your blood were still on the rise. A significant delay by the arresting officer before conducting the chemical tests can show your BAC levels higher than the level they were when driving, and this could read in DUI charges. Fortunately, an experienced attorney can claim that your BAC was on the rise and that you didn’t show outward symptoms of drunkenness, and as such, you were not drinking and driving.

  1. Police Officers Didn’t Follow the Required Procedures

Title 17 of the California Code of Regulations protects you from police misconduct. An officer should make a gesture to pull you over when they have probable cause and recite the Miranda warning before commencing interrogations. If the officer didn’t do any of these, all the evidence gathered is inadmissible, and your attorney can request a motion to suppress evidence. The motion’s purpose is to poke holes in the prosecutor’s evidence to have the case dismissed or the charges reduced.

  1. The Officer Disregarded Title 17 Regulations During Chemical Testing

When administering chemical tests, officers are required to adhere to specific procedures. These are:

  • Observe you for fifteen minutes before conducting the test
  • Ensure a trained technician performs the test
  • The testing equipment must be regularly calibrated
  • Ensure proper handling and storage of the sample collected for chemical testing

If any of these requirements were not followed during the testing, your attorney could challenge the chemical tests’ accuracy and reliability or the prosecutor’s duration.

Statutes of Limitations for California DUI

Whether you are being charged with a misdemeanor or felony determines the duration the state or prosecutor has to file charges. For a misdemeanor offense, the prosecutor has twelve months to file charges, while for a felony, the prosecutor or state has no more than 36 months to file a petition.

California DUI Related Offenses

Particular offenses are close or related to VC 23 152(a) and (b). The offenses include:

  • Commercial DUI under VC 23152(d) makes it illegal to operate a commercial vehicle with a BAC of 0.04% or more.
  • Gross vehicular manslaughter is defined under PC 195.1(a) as the unlawful ending of another person's life while driving under the influence.
  • Driving with a passenger 14 or younger according to VC 23572
  • DUI offenses for minors as per VC 23136, making it illegal for anyone under 21 years to operate a vehicle with a BAC of .01% or more. This Vehicle Code is known as the zero-tolerance rule.

Find the Right DUI Attorney Near Me

Considering the complexity of a DUI and the nightmare associated with a conviction, the most crucial action you should take after apprehension is to speak to an experienced defense attorney. At the Bakersfield Criminal Attorney, we understand the complexity of these crimes, and we are here to prevent a conviction by all means. Reach out to us today at 661-750-8230 for a free consultation.