You will be arrested and charged with DUI if you operate a vehicle under the influence of drugs or alcohol in California. This means that your conduct is impaired by alcohol use or that your blood alcohol content exceeds the legal limit. California has various statutes prohibiting drunk driving for different categories of drivers. Therefore, depending on your driver's license, you can be charged with standard, underage, or commercial DUI.

The use of alcohol or drugs impairs a driver’s perception of speed and distance, which could result in severe and catastrophic injuries. For this reason, prosecutors will be aggressive in obtaining a conviction in your drunk driving case. DUI can attract misdemeanor or felony criminal charges, depending on the circumstances of your case and your criminal history.

A conviction for drunk driving attracts severe legal consequences, including incarceration, fines, and losing your driver’s license through suspension or revocation. You will benefit from the expert legal guidance and representation we offer at California Criminal Lawyer Group if you or a loved one battle DUI charges in Bakersfield, CA.

California Vehicle Code 23152

If you have a standard driver’s license, you could be arrested and charged with DUI for engaging in the following conduct:

Driving with a Blood Alcohol Content that Exceeds 0.08

If your vehicle is stopped at a DUI checkpoint or you are suspected of drunk driving, the arresting officer will administer a breathalyzer test. This test detects blood alcohol in your breath. If your BAC is 0.08% or more, you will be arrested and taken to the police station, where the BAC is confirmed with a blood test. Your blood and breath test results significantly affect your DUI criminal case.

Operating the Vehicle Under Alcohol or Drug Influence

Another factor that could cause you to be charged with a standard DUI is when your conduct is impaired by alcohol or drug use. Whether or not your conduct is impaired is determined by how you acted before and after your DUI stop. The traffic officer will check your driving conduct and present the field sobriety test results as evidence of your impairment or stability.

Before you face a conviction for violating VC 23152, the prosecution must prove that:

  • You operated a vehicle.
  • Your conduct was impaired.
  • Your BAC exceeded the legal limit.

A violation of VC 23152 is a misdemeanor. The severity of the penalties you face for a DUI conviction will depend on your criminal history. The penalties for a first-time DUI offense include:

  • A jail sentence of up to six months.
  • Misdemeanor probation for up to three years.
  • Up to nine months of approved DUI school.
  • A driver’s license suspension of up to six months.
  • Fines that do not exceed $1,000.

For a second DUI offense, a conviction will attract these penalties:

  • Three to five years of unsupervised probation.
  • A maximum of one year in county jail.
  • Installation of an ignition interlock device for up to one year.
  • Up to $1,000 in fines.

If you are convicted of a third DUI offense within ten years, your conviction will result in these penalties:

  • Up to one year in county jail.
  • Up to five years of informal probation.
  • A court-approved DUI program.
  • Up to $1,000 in fines.

California Vehicle Code 23136

California has a zero-tolerance law for underage drinking and driving. Therefore, if you are under twenty-one, driving with a BAC of 0.01% or more will result in an arrest and charges for underage DUI. An arrest for violating PC 23136 may occur even when the high BAC results from taking medicines that contain alcohol.

For underage drivers, the blood alcohol content is determined using the preliminary alcohol screening test. Although violating the zero tolerance law is not a crime that can result in jail time, you will face a suspension of your driver’s license.

California Vehicle Code 23140

Drivers under twenty-one can be charged with a more serious form of underage DUI for operating a vehicle with a BAC of 0.05% or more. The law enforcement officers will administer a breathalyzer or blood test to determine the driver's BAC. The procedure for arresting underage drivers suspected of drunk driving is similar to that for adult drivers.

The traffic officers will stop the driver at a sobriety checkpoint or when their conduct creates a reasonable suspicion. The officer will observe the driver and perform a field sobriety test. If the driver fails this test, the officers will proceed to the breathalyzer test and arrest the driver. A conviction for violating California Penal Code 23140 will result in the following punishment:

  • Up to $100 in fines.
  • Mandatory alcohol or drug education program for drivers over eighteen years.
  • A one-year driver's license suspension.

California Vehicle Code 23152(d)

Commercial drivers are held in higher regard than other drivers in California. Driving a vehicle with a blood alcohol content of 0.04% or more as a commercial driver will result in an arrest and criminal charges under California Vehicle Code 23152(d). Under California DUI laws, a commercial vehicle is any vehicle that requires the operator to hold a Class B license or a Class C license with a commercial endorsement.

The elements of commercial DUI that the prosecution must prove to secure a conviction in California include:

  • You drove a vehicle.
  • You were under the influence of alcohol or a combination of alcohol and drugs.
  • Your BAC exceeded the legal limit for commercial drivers.
  • You were under the influence of drugs without alcohol involvement.

If you did not cause an accident or injuries to another person, a conviction for commercial DUI is charged as a misdemeanor. The penalties for misdemeanor PC 23152(d) are punishable by:

  • Summary probation for three to five years.
  • Fines of up to $2,000.
  • A three-month court-approved alcohol education program.
  • A jail sentence that does not exceed six months.

In addition to incarceration fines and attending an alcohol education program, you risk losing your commercial driver's license after a commercial DUI conviction. Your CDL will be suspended for up to one year for a first offense. However, the DMV could revoke your license if you are a repeat offender.

California Vehicle Code 23153

You violate California VC 23153 when you drive under the influence of alcohol or drugs and cause an accident that injures another person. Drunk driving impairs your ability to drive safely, which can result in collisions with other vehicles or hitting pedestrians. When you face charges for DUI causing injuries, the prosecution must prove the following elements of your crime beyond a reasonable doubt:

  • You drove a vehicle. In California, the prosecution must prove that you actively drove a vehicle before you are found guilty of drunk driving. In this case, sitting in the driver’s seat of a parked vehicle will not count as driving.
  • When you operated the vehicle, you were under the influence of drugs or alcohol. When you face charges for DUI-causing injuries, the prosecution must show that your BAC exceeded the legal limit while driving. Alternatively, it must be clear that your conduct was impaired by drug or alcohol use.
  • While driving under the influence, you caused an accident. Another element that the prosecution must prove is that you caused an accident that injured another person.
  • The failure to perform your legal duty caused injury to a third party. All drivers operating on California roads must operate safely and avoid causing injury to others. DUI can impair your driving abilities, thus causing an accident.

Unlike other DUI violations, causing an injury while drunk driving is a wobbler. This means the offense can be charged as a felony or a misdemeanor. When determining the nature of your charges, the prosecution will consider the following factors:

  • Your criminal history. If you have prior convictions for drunk driving-related offenses, the prosecution may file a felony charge for violating VC 23153.
  • The severity of the Injuries. You will be charged under VC 23153 if you cause an accident and cause injuries to another person while drunk driving. Therefore, the seriousness of the injuries you cause to an alleged victim will impact the nature of your charges.

As a misdemeanor, DUI causing injury is punishable by a jail sentence of up to one year, up to $5,000 in fines, and misdemeanor probation. In addition to incarceration and fines, a conviction for this offense will result in a three-year driver’s license suspension. Your license suspension will be longer if you are a repeat offender.

Refusal to Take a Chemical Test in a DUI Case

Under California DUI laws, operating on a valid driver’s license creates implied consent to take breath and blood tests during an arrest and investigation for drunk driving. The breathalyzer test will be administered before your arrest, while the blood test will be administered after you are arrested and taken to the police station.

Failure to submit to the breathalyzer test may not result in any legal repercussions. However, refusing a blood test could result in an enhancement in your DUI penalties. You will face an automatic driver’s license suspension for at least one year for refusing a blood test.

When you face a license suspension for refusing a blood test, you can defend yourself by presenting the following arguments:

  • Your arrest was unlawful.
  • The officer did not warn you about the legal consequences of refusing the blood test.
  • You did not hear or comprehend the warnings about the blood test refusal consequences.
  • The law enforcement officers coerced you into taking the tests.

DMV Driver’s License Suspension in California

The consequences of a DUI conviction are serious and life-changing. The most dreaded consequence of a conviction for violating DUI laws is suspending your driver’s license. Losing your driver’s license can impact your life significantly. If you are a commercial driver, the suspension of your license can affect your work and livelihood.

The driver’s license suspension you face after a criminal conviction is triggered by the court and will only occur when you are found guilty of drunk driving. The Department of Motor Vehicles in California will attempt to suspend or revoke your driver's license even before you attend your DUI criminal case hearing.

After your arrest, the traffic officer will confiscate your license and issue you a valid notification for up to thirty days. You will also be notified of your right to schedule and attend a DMV hearing where you can contest the administrative license suspension.

After the arrest, you have up to ten days to schedule the DMV hearing. This hearing is more informal than a DUI criminal case and is held at the DMV offices. Depending on the specific factors of your arrest and charges, DMC hearing attendance is optional, and your DUI defense attorney could represent you.

At the DMV hearing, the prosecution will present their case against you to the DMV officer. However, the burden of proof at this hearing is the preponderance of evidence, which is lower than necessary in your DUI criminal case. Some of the factors that impact the outcome of your DMV hearing include:

  • Whether or not there was probable cause for your DUI stop or arrest. California law requires that law enforcement officers have probable cause for a stop or arrest. You have a better chance of winning your DMV hearing if you prove there was no probable cause for your arrest.
  • The results of your DUI test. The DMV officer will consider your BAC at the time of arrest to determine whether or not you deserve to retain your driving privileges. If you can establish a doubt about the accuracy of your BAC test results, you may be able to retain your driver’s license.

If you lose your DMV hearing, your license will be suspended for up to one year. However, the DMV's rights are limited to your driving privileges. A win in the DMV hearing means you can continue operating with your license while you await the outcome of your criminal case.

Although the DMV hearing is separate from your criminal case hearing, attending and scheduling the hearing may have the following benefits for your case:

  • Protect your driving privileges. When you schedule and win a DMV hearing, you can continue to operate your vehicle while you await your criminal hearing legally. Retaining your driving privileges allows you to move around, meet your attorney, and collect evidence for your case.
  • Discover the prosecutor's evidence against you. At your DMV hearing, the prosecution may present some of the evidence they have in your DUI case. The discovery process for this hearing can help you build a strong defense against your criminal case.

Legal Defense Against DUI Charges

California's DUI laws are very strict. For this reason, the stakes are high for defendants facing a drunk driving charge. The consequences of a DUI conviction will impact your life long after you have served your sentence and paid your fines. Therefore, it is vital that you aggressively defend yourself against the charges and avoid a conviction. The following are legal defenses you can present in your DUI case:

You Were Not Driving

The first element that the prosecution must prove when establishing your liability for a DUI violation is that you operated a motor vehicle. Arguing that you were not driving is a common DUI defense. Although being intoxicated in a vehicle is an offense, it will not amount to drunk driving.

You Were Not Under Drug or Alcohol Influence

When you are charged with violating California DUI laws, the prosecuting attorney must prove that you were intoxicated when you drove the vehicle. Intoxication means your conduct was impaired or your blood alcohol content exceeded the legal limit. The prosecution sometimes bases your intoxication on the arresting officer's testimony.

Although acts like reckless driving, swerving, and failing the sobriety test could give law enforcement officers probable cause for an arrest, this evidence is insufficient to prove that you were intoxicated. If your DUI case is based on a BAC test result, you could work hard to create doubt about the accuracy of the test results. This argues that the breathalyzer device used to test your BAC was faulty.

Additionally, you could dispute how your blood tests were administered and how the samples were handled. Without the results of your BAC, it will be challenging for the prosecution to prove intoxication.

Lack of Probable Cause for Your Arrest

Under California DUI laws, the arresting officers must have probable cause to stop your vehicle or arrest you for drunk driving. Unless your DUI investigations start at a sobriety checkpoint, the prosecution must establish the probable cause that the officers had for the arrest. Some factors that form a probable cause are a failed field sobriety test and a breathalyzer test result indicating a BAC exceeding the legal limit.

Whether or not your BAC exceeds the legal limit will be determined by the type of driver’s license that you hold. You could avoid a conviction for your drunk driving charge by proving that the officers lacked probable cause for your arrest.

Rising Blood Alcohol Content

The results of your BAC test are a significant piece of evidence in your DUI case. Your BAC is established through a breathalyzer or a blood test. Alcohol may take a while to be detected in your blood, depending on your weight and consumption. Before the law enforcement officers administer the breathalyzer test or confirm your BAC with a blood test at the police station, they will perform a series of tests and observations.

The time between your DUI stop, and the administration of the chemical test may be long enough for your blood alcohol content to rise from where it was when you were driving. You can avoid a DUI conviction by arguing that your BAC was rising and, thus, you were not drunk driving.

Offer Alternative Explanations to your High BAC

Your DUI lawyer can help prove you were drunk while driving by offering alternative explanations for your high BAC. If your DUI case is heavily based on your breathalyzer test results, you can argue that the alcohol detected in your breath was from a medical condition like type 2 diabetes or foods you may have consumed earlier in the day.

Violation of your Constitutional Rights

Law enforcement officers must follow the right procedures even when you are suspected of drunk driving. This ensures that your constitutional rights are preserved during the arrest and investigation. One of your rights during a criminal investigation is for the officers to read your Miranda rights. This informs you of your right to remain silent and seek legal representation, which is critical for your drunk driving case.

If you can prove that your rights were violated, you can petition the court to eliminate some of the evidence collected by the officers from your case.

Find a Competent DUI Defense Attorney Near Me

California law makes it a crime to drive a vehicle under the influence of alcohol or drugs. You can be arrested and charged with DUI if your BAC exceeds the legal limit or a substantial quantity of drugs is detected in your blood. The BAC limit in California varies depending on your driver’s license type. The BAC limit for a standard driver’s license is 0.08%, while that for commercial drivers is 0.04%.

California has zero tolerance for underage drinking and driving. Therefore, if you are under twenty-one, you can be charged with underage DUI for operating with a BAC of 0.01% or more. California DUI laws are stringent, and the consequences of a conviction are harsher for every repeat offense. In addition to being sentenced to jail and fines, the DMV would suspend your driver's license for DUI.

Hiring and retaining a knowledgeable DUI lawyer is critical when you face an arrest and charges of drunk driving. At California Criminal Lawyer Group, we understand the impact a DUI conviction in Bakersfield, CA, can have on your freedom and life. Our skilled lawyers will work hard to protect your constitutional rights and build a solid defense against your charges. Call us at 661-750-8230 today to discuss the details of your case.