DUI

Driving under the influence of alcohol or drugs, abbreviated as DUI, is a serious crime under California law. You require aggressive legal representation when you face DUI charges since drunk driving statutes in California are stringent. The applicable penalties for a DUI offense depend on the nature of the offense and whether you have previous DUI convictions. You could also face penalties depending on whether another person suffered injuries due to your drunk driving. The potential consequences of a DUI conviction are severe and life-changing. If you face DUI charges in San Diego, CA, our attorneys at the Law Offices of Anna R. Yum can help you create a solid defense to fight your charges.

DUI Statutes In California

If the prosecutor accuses you of DUI, you could face charges under VC 23152(a) or VC 23152(b). It is a crime under VC 23152(a) for any motorist to drive a car under the influence of alcohol. On the other hand, VC 23152(b) makes it a crime for any motorist to drive with a BAC of 0.08% or higher. Many DUI crimes are charged based on alcohol, but substance abuse could also form the basis of a DUI charge.

It is also a crime under VC 23152(f) for you to operate a vehicle while intoxicated with drugs. You could also face charges under VC 23153 if your DUI offense resulted in bodily injury to someone else. However, the court will always establish first whether drugs or alcohol impaired you before charging you with a DUI.

The Procedure Of A DUI Arrest

Most DUI arrests begin with the traffic police ordering you to stop. After pulling you over, the officer can take you through several field sobriety tests. The officers can order you to blow air into a breathalyzer machine. The police will arrest you and take you to the police station if the breathalyzer shows that your blood alcohol concentration exceeds the allowable limit. While at the station, the officer can also order you to undergo a blood or breath test.

Your release from jail can be processed a few hours after your arrest if you commit a misdemeanor DUI crime. Usually, you can secure your release from jail if you post bail. Once you are out of custody, the police will serve you with a citation and a pink temporary driver’s license. If you are a California resident, your driver’s license will be confiscated and mailed to the DMV.

License Suspension and a DUI Arrest

The court, or DMV, is responsible for suspending a driver’s license. The court can suspend your driver’s license based on the specific DUI crime you commit. The court will notify the DMV to impose the suspension because the judge has no authority to do so. You can only prevent the court from notifying the DMV by negotiating for a reduced charge like wet reckless during the plea bargain.

The DMV could suspend your driver’s license if you violate an administrative law. For you to put a temporary stay or hold on the license suspension, you will have ten days from your DUI arrest to file for a DMV hearing. The DMV will automatically suspend your license if you fail to request a hearing. The DMV will not suspend your driver’s license if the chemical test results show a BAC of less than 0.08%.

The Difference Between an Administrative License Suspension and a Court License Suspension

A court trial always focuses on establishing whether you are guilty of a DUI crime, while a DMV hearing focuses on a driver’s license suspension. The DMV hearing will also focus on the facts of your arrest. A court proceeding is mandatory after your arrest, even if you have a choice to request a DMV hearing. Your win at the DMV hearing does not affect the court’s verdict.

You need to seek the services of a criminal defense attorney because a DMV hearing is a complex process. An administrative per se suspension will be applied to your license once you lose the hearing. However, the DMV can permit you to continue driving if you install an IID in your vehicle.

The Elements of a DUI Crime

If the prosecutor accuses you of a DUI, he/she must prove several elements. The prosecutor must provide sufficient evidence showing that you violated the DUI statutes or were negligent. The BAC test outcome can also assist the prosecutor in creating a solid case against you. Some of the elements that the prosecutor must prove include:

You Violated One Of The DUI Statutes

You can only face DUI charges if your crime is categorized under the DUI statutes. The statutes the prosecutor can accuse you of violating include Vehicle Code 23152(a), Vehicle Code 23153(b), and Vehicle Code 23153(f), among others. Your sentencing will be based on the specific law you violated.

You Were Driving Negligently When The Police Pulled You Over

Reckless driving and overspeeding are among the driving crimes used to prove that you were driving negligently. The probable cause of a motorist’s DUI arrest could also be based on these crimes. The judge could decide to enhance your penalties if you were driving under the influence and are guilty of one of these driving crimes.

Your BAC Was 0.08% Or More

The judge can convict you of violating Vehicle Code 23152(b) if the outcome of the chemical test indicates that your BAC level was 0.08% or higher. The prosecutor can present a copy of the test results in support of their accusations against you. A BAC of 0.08% or more could mean that your physical or mental abilities were too impaired for you to operate a vehicle.

Blood Alcohol Concentration And DUI

The standard measure of the alcohol levels in a motorist’s bloodstream is the BAC. This measure assists the police in determining if a motorist is driving under the influence of alcohol. A BAC that exceeds the legal limit means you are intoxicated. Under VC 23152, the following are the BAC legal limits based on your age and the type of vehicle you drive:

• 0.05% for underage motorists
• 0.08% for adult non-commercial motorists
• 0.04% for commercial drivers
• 0.04% for taxi, ride-sharing, or limo drivers

BAC chemical tests are usually admissible in court for proceedings on a DUI lawsuit because they are considered scientifically accurate. The tests can be either breath or blood tests. Breath tests give instant outcomes. The police conducted the test using a breathalyzer soon after an arrest. Breath tests rely on the alcohol present in the air in your lungs.

Blood tests give more accurate results because they involve drawing your blood to test for the presence of alcohol. They are more invasive than breath tests and help law enforcement officers determine a motorist’s blood alcohol concentration. During a blood test, a portion of your blood sample will be stored while the other is taken to the laboratory for further analysis. The results usually come out after a few weeks. Your attorney can hire an independent expert to test the stored sample.

DUI And Military Officers

US military officers are not exempt from DUI charges. If you are guilty of a DUI, you could face severe penalties. Some penalties you could face include rank reduction, jail terms, fines, and loss of security clearance. Other potential penalties include a dishonorable discharge from the service and a pay reduction. If you are guilty of a DUI, you could face the charges in a military court under Military and Veterans Code 450.

Military courts work just like civilian courts. They are established to determine the fate of military officers convicted of violating martial statutes. Military courts typically charge military officers who commit war offenses. According to Military and Veterans Code 450, military courts include the following:

• Summary court-martial for minor crimes
• Special court-martial for serious crimes
• General court-martial for more severe crimes

A military officer could face DUI charges in a civilian court if a civilian police officer initiates the DUI arrest. A commanding officer could take further administrative actions against the defendant after an arrest. The possible punishment imposed by a civilian court can include:

• Ordering you to seek treatment for substance abuse
• Attending a DUI school
• Revoking your driver’s license

You could also face charges for the same crime in a military court.

Military Veterans Facing DUI Charges

If you suffer from emotional or psychological trauma and are convicted of a misdemeanor DUI, you are eligible for military diversion programs. The legislature modified Penal Code 1001.80 to allow this exception. You can only qualify for this exception if you are a veteran and suffer from the following:

• Sexual trauma
• Traumatic brain injury
• Post-traumatic stress disorder
• Substance abuse

You could also enroll in this program if you have had other mental health problems because of your military service.

According to Penal Code 1001.80, the pretrial diversion program can suspend your criminal proceedings permanently or temporarily. The program serves as probation or deferred adjudication, allowing you to complete a particular duty. The court could assign you a federal or community-based treatment service program. You will receive treatment for your specific mental health problems once you enroll in it.

DUI and Out-Of-State Motorists

Out-of-state motorists are not exempted from DUI charges. Law enforcement will inform you of a 30-day license suspension after an arrest for having a BAC of 0.08% or higher. The law enforcement officers can issue you a temporary driver’s license after confiscating the original. Once the temporary license expires, your license suspension will take effect.

The law requires law enforcement to have probable cause to initiate a DUI stop. You can only face DUI charges if the police prove that your BAC was 0.08% or higher or if your driving ability was impaired due to intoxication. You can prevent the suspension of your license by requesting a DMV administrative hearing within ten days after your arrest. Your home state driver’s license can be suspended if the DMV suspends your license after losing it at the hearing. California adheres to the Interstate Driver’s License Compact (IDLC). According to the IDLC, every motorist should have a single driving record and license in the country.

Penalties For DUI Charges

You could face a jail term that does not exceed six months in a county jail if you are guilty of a first-time DUI. The judge could also impose a fine of $390 to $1000 or informal probation that does not exceed five years. The judge could also order you to enroll in a court- and state-approved drug and alcohol education program.

If the judge convicts you of a DUI, he/she can order you to have an expert install an IID in your car. If you install this device in your vehicle, you will drive to various locations without restrictions. You risk having your license suspended if you fail to install an IID. You can acquire a restricted license that lasts six to ten months. A restricted license permits you to drive within designated routes, including work, school, or to and from DUI school.

Enhanced DUI Penalties

You could face enhanced penalties if aggravating factors are present in your DUI crime. Some of the common aggravating factors include:

• Speeding on a street or highway
• Having a minor below 14 years in your vehicle while driving under the influence. You could face additional child endangerment, according to Penal Code 273a.
• Committing a DUI offense while below 21 years
• Having a high BAC of 0.15% or higher
• Refusing to undergo a mandatory breath or blood test
• Causing an accident while driving under the influence

Immigration Consequences Of A DUI Conviction

Most DUIs do not attract negative immigration repercussions, but aggravating factors could lead to deportation if you are not an American citizen. Aggravating factors can increase the likelihood of adverse immigration consequences following a conviction. Your DUI offense could trigger deportation if the prosecutor proves criminal recklessness in your actions.

You could face child endangerment charges under Penal Code 273a if you commit a DUI offense with a child below 14 years in your car. A child endangerment offense is an offense of moral turpitude, hence enhancing the likelihood of adverse immigration consequences.

For you to avoid the potential immigration consequences of a DUI conviction, it is advisable to seek the services of an experienced immigration attorney to help you fight your charges. 

Common Legal Defenses Against DUI Charges

You should not despair when the prosecutor accuses you of DUI. With the right legal guidance, you can create a solid defense to fight your charges. One way to challenge your DUI charges is by proving that the law enforcement officers failed to follow proper arrest and DUI testing procedures. You could also allege that you were not intoxicated or impaired during the arrest. Below are the common legal defenses for DUI charges:

Unreliable Field Sobriety Tests

Performing poorly in field sobriety tests is not an indicator of drunk driving. Your poor physical coordination, fatigue, flat feet, and clothing could contribute to your poor performance. You could use these claims to challenge your DUI charges, and if the judge is convinced, your charges could be dropped or reduced.

Your Health Conditions Inflated Your BAC Level

Health conditions like hypoglycemia and diabetes are known to increase the levels of BAC. A fasting or high-protein diet can also increase your BAC. You could contest your BAC outcomes using this defense.

The Law Enforcement Did Not Follow The Right Procedures

Law enforcement should take 15 minutes to observe you before subjecting you to a DUI breath test. Proving that the arresting officer failed to observe you properly can help you challenge the accuracy of your breath test outcome. Other procedures that law enforcement must follow include:

• Reading your Miranda rights before interrogation
• Having probable cause to pull you over

Plea Bargain For a DUI Charge

If the prosecutor accuses you of a DUI, you can accept a plea bargain deal for a wet reckless under VC 23103.5. Your attorney can negotiate with the prosecutor to reduce your DUI charge to a wet reckless. You can face the following penalties with this plea bargain:

• Attend a DUI school for a shorter period
• Shorter jail term
• A fine of $145 to $1000

Additionally, your driver’s license will not be suspended. You will also not be required to install an IID in your car. Unfortunately, a wet, reckless plea agreement counts as a DUI. Other potential repercussions can include:

• Paying higher car insurance premiums
• Having two points added to your DMV driving record

Usually, the court must approve the plea bargain before it takes effect. A wet, reckless deal appears attractive, but its applicability to your case will depend on the facts of the charges. You could still face DMV penalties either way. The DMV, in this case, could impose an administrative license suspension. The prosecutor could also reject this deal because of procedural flaws in your DUI arrest and unique mitigating circumstances.

Related Offenses

The crimes that can be charged alongside a DUI offense include:

DUI Homicide – Penal Code 187

A DUI homicide offense is second-degree murder. You could face charges under this statute if you have a prior DUI conviction and are found guilty of killing another person while under the influence of alcohol.

 Judges always charge DUI homicide as a felony offense. The penalties you could face include:

• A jail term of 15 years to life in a state prison
• A fine of up to $10,000
• A strike on your criminal record

DUI Hit And Run, Penal Code 20002

The DUI hit-and-run crime is defined under Penal Code 20002 as fleeing the scene of an accident causing only property damage and no physical injuries. If the prosecutor accuses you of DUI hit-and-run, he/she must prove the following elements:

• You were involved in a vehicle accident while driving
• The accident caused damage to another person’s property
• You were aware or reasonably should have known that you had been involved in an accident that caused property damage
• You intentionally refused to stop at the scene of an accident or give your identifying information to the owner of the damaged property.

The duty to stop at the scene of an accident applies regardless of the person who caused it. You must stop even if the accident happens on private property. You should leave a written note if the owner of the car or damaged property is not around. According to Penal Code 20002, property damage could include a fence, hitting a dog, or any other pet.

A violation of Penal Code 20002 is a misdemeanor. You could face the following penalties if you are found guilty of hit-and-run causing no injury:

• A fine that does not exceed $1000
• A jail term that does not exceed six months in a county jail
• Summary or misdemeanor probation

You could also face charges under VC 16025 if you fail to exchange insurance information. In this case, you could face an infraction penalty of $250.

The defenses you can use to challenge your hit-and-run charges include the following:

• You were misidentified
• You did not realize that there was a collision
• There was no property damage

Underage DUI, VC 23136 and VC 23140

It is a crime for you to drive a car with a BAC of 0.01% or higher if you are an underage driver, as outlined by VC 2313. It is also a crime for an underage motorist to drive a vehicle with a BAC of 0.05% or higher. These two statutes apply to motorists below the age of 21 years, according to VC 23140.

You could face the following penalties for violating VC 23136 and VC 23140:

• One-year license suspension for violating Zero Tolerance law for underage motorists under VC 23136
• Enrollment in an alcohol education program for motorists above 18 years
• Revocation of your driver’s license for two to three years if you have a prior DUI conviction
• A fine that does not exceed $100 for first offense

Find A DUI Defense Attorney Near Me

A DUI conviction can attract negative repercussions and negatively impact your profession and whole life, whether charged as a misdemeanor or felony. You should hire a reputable DUI attorney to help create a defense to fight the charges. At the Law Offices of Anna R. Yum, we have experienced DUI attorneys who can help you explore various legal options. We have helped many DUI defendants seek fair judgment in San Diego, CA. Call us at 619-493-3461 to talk to one of our attorneys.