Driving under the influence (DUI) is one of the most common criminal charges faced by drivers in California. DUI charges can have life-altering implications, including fines, license suspension, and potential jail time. Therefore, an effective criminal defense strategy is critical for anyone facing DUI allegations in California.

What is a DUI?

DUI (Driving Under the Influence)Under California Vehicle Code 23152, it is illegal to operate a vehicle while under the influence of alcohol or drugs. Specifically:

  • VC 23152(a): It is unlawful for any person to drive under the influence of alcohol, regardless of blood alcohol content (BAC).
  • VC 23152(b): It is illegal for a person to drive with a BAC of 0.08% or higher.
  • VC 23152(f): Driving under the influence of drugs (DUID), including both illegal substances and prescription medications, is prohibited.
  • VC 23152(g): This section applies to driving under the combined influence of alcohol and drugs.

While a BAC of 0.08% or higher creates a presumption of intoxication, a person can still be charged with DUI even if their BAC is below the legal limit if their driving ability is impaired.

California law also imposes stricter standards for certain groups. For example:

  • Drivers under the age of 21 are subject to a zero-tolerance law, meaning any detectable alcohol in their system (BAC of 0.01% or higher) can result in penalties.
  • Commercial drivers can be charged with DUI if their BAC is 0.04% or higher.

 The DUI Arrest Process

The DUI process in California generally begins with a traffic stop or a DUI checkpoint. Law enforcement officers may pull over a driver if they observe erratic driving, speeding, or any other indication of impairment. Once stopped, the officer may ask the driver to perform field sobriety tests (FSTs) or submit to a preliminary alcohol screening (PAS) breathalyzer test. The field sobriety tests (FSTs) and the preliminary alcohol screening are voluntary and you are not obligated to submit to them.

If the officer has probable cause to believe the driver is under the influence, they will place the individual under arrest. Upon arrest, the driver must submit to a chemical test (breath, blood, or urine) under California’s implied consent law. Refusal to comply with chemical testing upon arrest can result in enhanced penalties, including longer license suspensions.

Consequences of a DUI Conviction in California

The penalties for a DUI conviction in California vary depending on factors such as the driver’s BAC, prior DUI offenses, and whether any aggravating circumstances were present (e.g., accidents, injuries, or minors in the vehicle). In California, most DUIs are charged as misdemeanors. However, they might be charged as felonies if:

  • You have 3 or more prior DUIs or wet reckless convictions within the previous 10 years, or
  • There are injuries or someone dies, or
  • You have a prior felony DUI conviction.

Penalties for a First DUI Offense:

  • Fines ranging from $390 to $1,000 (plus court fees and penalties).
  • 3 to 5 years of informal probation.
  • DUI education program (3 or 9 months).
  • License suspension.
  • Possible jail time of up to 6 months.
  • Ignition Interlock Device (IID) for 6 months.

 Penalties for a Second DUI Offense (within 10 years):

  • Fines up to $1,000 (plus court fees and penalties).
  • 3 to 5 years of probation.
  • 18 or 30-month DUI education program.
  • License suspension.
  • Jail time ranging from 96 hours to 1 year.
  • Ignition Interlock Device (IID) for 1 year.

 Penalties for a Third DUI Offense (within 10 years):

  • Increased fines and penalties.
  • 120 days to 1 year in county jail.
  • License revocation.
  • 30-month DUI education program.
  • Ignition Interlock Device (IID) for 2 years.

Penalties for a Misdemeanor DUI with Injuries:

  • Increased fines and penalties.
  • Restitution to the victim(s).
  • 5 days to 1 year in county jail.
  • License suspension for up to 3 years.
  • DUI education program (up to 30 months).
  • Ignition Interlock Device (IID) for 6 months.

 Penalties for a Felony DUI

  • Increased fines and penalties.
  • Minimum 16 months in state prison.
  • License suspension for up to 5 years.
  • DUI education program (up to 30 months).
  • Ignition Interlock Device (IID) for up to 5 years.

Penalties for a Felony DUI with Injuries:

  • Increased fines and penalties.
  • Restitution to the victim(s).
  • Minimum 16 months in state prison.
  • License suspension for up to 5 years.
  • DUI education program (up to 30 months).
  • Ignition Interlock Device (IID) for 1 year.

Defenses Against DUI Charges in California

A skilled criminal defense attorney like Mirta C. Fuguet can employ a variety of defenses to challenge DUI charges. Some of the most common defenses include:

Lack of Probable Cause for the Traffic Stop – Law enforcement must have a valid reason, such as a traffic violation, to initiate a stop. If the initial stop lacked probable cause, any evidence obtained during the stop, including BAC results, may be inadmissible in court.

Inaccurate Field Sobriety Tests (FSTs) – Field sobriety tests, such as the walk-and-turn or horizontal gaze nystagmus test among others, are subjective and prone to human error. Factors like poor lighting, uneven surfaces, fatigue, or medical conditions can cause an individual to perform poorly in these tests even when sober.

 Faulty Breathalyzer Results – Breathalyzer devices are not infallible and may produce inaccurate readings due to improper calibration, device malfunctions, or improper administration by law enforcement. Additionally, residual alcohol in the mouth, certain medical conditions, and even diet (e.g., ketogenic diets) can lead to false positives.

Rising Blood Alcohol Defense – The rising blood alcohol defense argues that a driver’s BAC was below the legal limit at the time of driving but increased to an illegal level by the time the chemical test was administered. Alcohol takes time to absorb into the bloodstream, and this delay can create discrepancies in BAC levels.

Medical Conditions or Medications – Certain medical conditions, such as acid reflux, diabetes, or hypoglycemia, can produce symptoms similar to intoxication or interfere with chemical test results. Similarly, legally prescribed medications may cause impairment without the driver realizing the effects.

Violations of Chemical Testing Procedures – Law enforcement must follow strict protocols when administering chemical tests. If there were procedural errors, such as mishandling of samples or failure to advise the defendant of their rights, the evidence may be challenged.

Understanding Implied Consent

Implied consent laws in California play a critical role in the enforcement of DUI (driving under the influence) regulations. The law operates on the principle that any driver who operates a vehicle on California roads has implicitly consented to chemical testing to determine their blood alcohol concentration (BAC) or the presence of drugs if lawfully arrested for a DUI offense.

Under California Vehicle Code Section 23612, the implied consent law is activated once a driver is arrested for suspected DUI. At this point, law enforcement officers will request the driver to submit to either a breath or blood test. Refusal to comply can result in immediate and significant consequences, even if the driver is later not found guilty of DUI.

Consequences of Refusing a Chemical Test – The penalties for refusing a chemical test are severe. For a first offense, a driver faces a one-year driver’s license suspension and a mandatory fine. For subsequent offenses, the penalties escalate, including longer license suspensions or revocations. Additionally, refusal can lead to enhanced penalties if the driver is convicted of DUI, as the refusal may be used as evidence of consciousness of guilt.

It is important to note that drivers cannot choose to refuse these tests without consequence once they are lawfully arrested. However, a breath test can often be conducted without a warrant, whereas a blood test typically requires a warrant unless exigent circumstances exist.

The Importance of Having Legal Representation – Facing a DUI charge can be an overwhelming and stressful experience. The legal system is complex, and DUI cases often involve scientific evidence, such as BAC results and chemical tests. A skilled criminal defense attorney like Mirta C. Fuguet can:

  • Analyze the circumstances of the arrest to identify constitutional or procedural violations.
  • Challenge the accuracy and reliability of field sobriety and chemical tests.
  • Negotiate with the prosecution to reduce charges or penalties.
  • Represent you in court to fight for a dismissal.

In some cases, it might be possible to secure alternative sentencing options, such as probation or alternative programs, to minimize the impact of a DUI conviction.

DUI charges in California carry serious consequences that can impact an individual’s personal and professional life. However, a strong legal defense can make a significant difference in the outcome of a case. If you or someone you know is facing DUI charges, consulting with a qualified criminal defense attorney is essential. Attorney Mirta C. Fuguet can evaluate the specific details of the case, develop an effective defense strategy, and fight for the best possible outcome in court.