DUI is a term used to describe a broad category of crimes you commit for driving under the influence of alcohol or drugs. California DUI laws stipulate the blood alcohol content limits for different groups of drivers. You can face a DUI arrest for driving with a BAC which exceeds the legal limit or when alcohol impairs your driving conduct. The legal BAC limit for adult drivers is 0.08%, while that of commercial drivers is 0.04%. Additionally, California has a zero-tolerance law for underage drivers, which makes it an offense to drive with a detectable amount of alcohol for this group.

Regardless of the type of DUI offense you are charged with, the conviction for these offenses attracts life-changing consequences. If you or a loved one faces DUI charges, you must retain the services of a knowledgeable DUI attorney. At Orange County DUI Defense Lawyer Group, we offer the legal insight you need for all the stages of your DUI. We serve clients facing DUI charges in Orange County, CA.

DUI Offenses under California Law

Driving under the influence of alcohol is a severe offense in California. You could be arrested and charged with DUI for violating the following statutes.

California Vehicle Code 23152 (a)

California VC 23152 (a) makes it an offense for divers over 21 to operate a vehicle while under the influence of alcohol. You commit a DUI crime if your conduct is impaired by alcohol or your blood alcohol content from the breath, and blood tests exceed the 0.08% legal limit. Before facing a conviction under this statute, the prosecution must prove that:

  • You drove a vehicle. In California, you cannot be convicted for drunk driving unless it is clear that you were operating the vehicle. While sitting in a stationary vehicle could attract other criminal charges, it may not be a basis for a DUI.
  • While you drove the vehicle, you were under alcohol or drug influence. Following a DUI stop, the arresting officer will observe your conduct, after which they could perform a Breathalyzer test. If the Breathalyzer test result indicates that your BAC is 0.08%, you will face an arrest and charges under this statute.

After a DUI conviction, the penalties you will face vary depending on whether the offense is a first, second, or third in ten years. For a first DUI conviction, you will face the following penalties:

  • A jail sentence of up to six months.
  • Upton $1,000 in fines.
  • Three to five years of informal probation.
  • The court will order you to install an ignition interlock device on your vehicle for six months.

A second DUI conviction is punishable by:

  • Up to one year in county jail.
  • A minimum of three years on misdemeanor probation.
  • Fines not exceeding $1,000.
  • Up to 30 months of court0approved DUI school.
  • Mandatory installation of an IID for a year.

If you face charges for a third DUI within ten years, you risk facing the following penalties after a conviction:

  • A maximum of five years on summary probation.
  • A jail sentence of up to one year.
  • Maximum of $1,000 in fines.
  • Mandatory IID installation.
  • A minimum of 19 months in DUI school.

If you cause an accident and injuries to another person while driving under the influence of alcohol in California, you will be charged with DUI causing injury under CVC 23153. DUI causing injury is punishable by a year in jail, up to $5,000 in fines, mandatory DUI school, and probation as a misdemeanor.

If you are a DUI repeat offender and you cause serious injury or death to someone while drunk driving, you could face felony charges whose conviction attracts these penalties:

  • Up to ten years in California state prison.
  • Up to $5,000 in fines.
  • Up to three years of Habitual Traffic Offender status.
  • Victim restitution.
  • Felony probation.
  • A strike under California's three-strikes law.

California Vehicle Code 23152 (d)

For individuals operating on a commercial driver's license in California, the BAC legal limit is 0.04%. Exceeding this legal limit attracts commercial DUI charges under California VC 23152 (d). For this statute, a commercial vehicle may be a bay vehicle that requires a driver to hold a Class B or Class C license.

You can face charges for commercial DUI for either exceeding the legal limit, having your physical and mental abilities impaired from alcohol, or operating a vehicle with a combination of drugs and alcohol.

A conviction for a commercial DUI with no injuries is a misdemeanor punishable by:

  • Three to five years of informal probation.
  • Six months in county jail.
  • Up to $2,000 in fines.
  • A three-month court-approved DUI program.
  • A one-year driver's license suspension.

Commercial drivers are held in high regard in California. Therefore, a second commercial DUI conviction will result in a lifetime revocation of your driver's license. When you face an arrest for commercial DUI and refuse to take a chemical test, you could face a one-year automatic license suspension. Additionally, such conduct could increase jail time.

California Vehicle Code 23136

California has a zero-tolerance law on drunk driving for underage drivers. Under twenty-one years, driving with a BAC of 0.01% or higher will result in civil charges under California VC 23136. Your BAC is measured using the preliminary alcohol screening test for the zero-tolerance law, handled by the roadside following a DUI stop.

While California law prevents a defendant from being convicted for multiple DUI offenses, VC 23136 is an exception. If your BAC is 0.08%, you could be charged with zero tolerance and standard DUI. Violation of VC 23136 is not a crime. The only penalty f face for violating this law is a one-year driver's license suspension. Like adult drivers, an underage driver has a right to defend their license suspension in a DMV hearing.

California Vehicle Code 23140

Driving with a BAC of 0.05% or higher for underage drivers is an infraction under CVC 23140. You will face an arrest and charges for this infraction if:

  • You are under twenty-one years.
  • You drove a vehicle in California.
  • At the time of driving, you were under drug or alcohol influence.
  • Your Blood Alcohol Content was 0.05% or greater.

While violation of VC 23140 will not result in a jail sentence, you could face the following penalties:

  • Up to $100 in fines.
  • Driver's license suspension.
  • A three months alcohol education program.
  • Vehicle impoundment for repeat offenders.

DUI Driver's License Suspension

In California, you could face two driver's license suspension types following an arrest for drunk driving. One of the suspensions is triggered by the court when you are found guilty of DUI, and the Department of Motor Vehicle triggers the other one following your arrest:

Administrative License Suspension

The DMV license suspension is the first attempt to take away your driving privileges, and it happens even before you go to trial for DUI. Following a DUI arrest, the arresting officer confiscates your license and issues you with a pink notification to operate within the next thirty days. The Department of Motor Vehicle allows you up to ten days after your arrest to schedule a hearing with them where you have the opportunity to defend the license suspension.

A DMV hearing is less formal than a DUI criminal trial held by a DMV officer. At this hearing, you can give your account of events and try to convince the hearing officer that you did not violate the law under which you are charged. Additionally, you can cross-examine witnesses and present evidence for the case. In most cases, the defenses you use at the DMV hearing are the same as those you could present at your criminal hearing.

The administrative license suspension is not affected if you win your DMV hearing. In this case, you will continue to drive as you wait for the outcome of your DUI hearing. However, losing your DMV hearing means that the DMV will suspend your license. While a DMV hearing is separate from a criminal court hearing winning the DMV hearing would help gear your criminal case on the positive end.

Court-Triggered Suspension

A court-triggered driver's license suspension only occurs when you face a conviction for DUI in criminal court, and the suspension is part of the penalties. However, the court does not suspend your license. They will report your conviction to the DMV, responsible for the suspension. A court-ordered suspension varies from a DMV suspension in that it is longer, and you cannot appeal the court's decision.

The length of a court-ordered license suspension varies depending on your crime and criminal history. For a first DUI offense, your license is suspended for up to six months, and for repeat offenders, the suspension is as follows:

  • Two years for a second DUI.
  • Three years for a third DUI.
  • Four years suspension or revocation for a fourth or subsequent DUI conviction within ten years.

While the periods of suspension may seem so automatic, some factors could increase the length of your suspension, including:

  • If you are an underage driver, you will face an automatic license suspension after your arrest.
  • Failure to submit to chemical tests during a DUI investigation increases your suspension by one year for every offense.
  • Felony DUI involving a serious accident will result in license revocation.
  • A DUI conviction while on probation for a previous DUI results in an extra year of suspension.

If the DMV suspends your license after a DUI conviction or after a loss of the DMV hearing, you can seek a restricted license that allows you to drive to work and school. It is essential to understand that commercial drivers who lose their license following a DUI will not be entitled to a restricted license.

DUI Probation in California

Probation is part of almost all criminal convictions in California. After a conviction for DUI, the court may sentence you to probation as an alternative to spending time in jail or prison. Since DUI is mostly charged as a misdemeanor, you will face three to five years of summary probation. While on probation for a drunk driving conviction, the court will require you to follow the following probation conditions:

  • Avoid committing any crime while on probation.
  • You cannot operate a vehicle with a detectable amount of alcohol in your blood. The court enforces this condition by requiring you to install an ignition interlock device on your car. Without blowing in an alcohol-free breath sample, your vehicle cannot start with this device.
  • You will be subject to random alcohol and drug tests.
  • You must enroll and complete DUI school.
  • Payment of fines and restitution.

Failure to follow the above conditions may result in harsher probation conditions or reinstatement of the jail sentence.

Long Term Consequences of a DUI Conviction in California

The legal penalties that accompany a DUI conviction are severe. However, the long-term consequences of the conviction will be more challenging. The following are some of the effects that a DUI conviction could have on your life:

  • Loss of driving privileges. If you face a conviction for DUI, even for a first offense, you will likely suffer a license suspension of up to two years. Both the criminal court and the Department of Motor Vehicle will be seeking to suspend your license. Loss of driving privileges can make it challenging to move around. A license suspension could significantly affect your livelihood if you are a commercial driver.
  • Failing your background checks. Every time you apply for a job or seek to rent an apartment, people will conduct a background check on you. Since criminal convictions are a public record, a DUI conviction could cause you to fail the background checks.
  • Loss of employment. Securing a job with a criminal record in California can be very challenging. Additionally, some employers may have mandatory clauses to terminate your employment if you face a conviction while working for them.
  • Deterioration of professional relationships. While you may attempt to hide your DUI conviction, the courts could contact your employer. If you can keep your employment after this, their opinion about you could be tainted by the event.
  • Increased auto insurance rates. Your DUI conviction and driver's license suspension will be reported to your vehicle insurance. This could cause an increase in your rates or, in other cases, a termination of your policy.

Legal Defense to California DUI Charges

The consequences of a DUI conviction can be life-changing. Therefore, you should start fighting the charges as soon as you face the arrest. With the guidance of your DUI attorney, you can employ the following defense for your case:

  1. Challenge the accuracy of BAC results. Prosecutors rely on the results of your blood and breath tests to strengthen a DUI case. If you can argue that the results are inaccurate, your chances of fighting the DUI charges may be higher. There are many reasons why your BAC results could be incorrect, including improper collection and handling of the sample. Additionally, you can claim that the Breathalyzer device used at the DUI arrest was faulty.
  2. Police misconduct. Even when you are suspected of drunk driving, there is a protocol that the arresting officers must follow during your arrest and DUI investigation. If you can prove that one of your rights was violated by the police, you could file a motion to exclude any evidence collected.
  3. Claim your BAC was on the rise. Rising BAC is a common DUI defense in California. Your blood alcohol content does not stop rising when you stop taking alcohol. As more alcohol is absorbed, your BAC could rise significantly. The process of a DUI arrest is long, and you can argue that your BAC was lower than the results while you drove.
  4. Offer alternative explanations for your high BAC. A Breathalyzer device used for BAC testing cannot distinguish between alcohol from alcoholic drinks and other sources. Many factors could contribute to a false Breathalyzer reading, including residual mouth alcohol from foods or medical conditions like diabetes. Offering alternative explanations for your BAC may improve your chances of fighting the charges.

Frequently Asked Questions on DUI 

California DUI laws are very complex. If you face charges under any DUI statutes, you may have many questions about your case and the possible outcome. The following are some frequently asked questions about DUI:

  1. Is Jail time mandatory for a DUI in California?

While jail time is a possible penalty for felony and misdemeanor DUI charges in California, it is not mandatory. Often, in jail, the amount of time you spend behind bars will vary depending on the type of offense you are convicted of and your criminal history. Some of the factors that could increase the likelihood of a jail sentence include:

  • Failing to take breath and blood tests during a DUI arrest and investigation.
  • Having a blood alcohol content of 0.15% or higher.
  • Causing an accident while driving under the influence.
  • Having a child under fourteen years in the vehicle.
  • Excessive speeding.

Spending time in jail is not pleasant for anyone. However, with the guidance of an experienced DUI attorney, you may be able to work out some deals with the prosecutor to avoid jail time even after a conviction.

  1. When can I be ordered to take DUI Classes?

If you face a conviction for any of the following DUI offenses, the court will order you to attend DUI School:

  • Operating a vehicle with a BAC of 0.08% or higher.
  • Underage DUI with a blood alcohol content of 0.05% or higher.
  • Driving under the influence of a combination of alcohol and drugs.
  • "Wet reckless," which is a plea deal for DUI.

Often DUI School lasts for twelve to thirty months, depending on the specific circumstances of your case.

  1. How can a DUI be reduced to reckless driving?

Wet and reckless driving are the most common plea deals in a California DUI case. Both of these offenses are far much better than DUI. You will not need to spend time in jail, and for reckless driving, you can escape a license suspension. While every driver facing DUI charges would want to secure the reckless driving plea deal, it is not possible for everyone.

As you gear your defense toward a plea deal, it is vital to understand that prosecutors do not bargain unless they have something to gain. The main job of the prosecution team is to secure a conviction for the charges they file against you and have you suffer the harshest penalties. However, if your case is strong and there is a likelihood that you will walk free, the prosecutor could offer you the deal.

Since negotiating with the prosecutors can be challenging, you should always ensure that a top-notch DUI defense lawyer represents you.

  1. Can I receive my driving privileges after a commercial driver's license suspension?

Your commercial driver's license can be suspended for several reasons, including:

  • Failure to submit to a chemical test.
  • Driving with a BAC of 0.04% or higher.
  • Driving a commercial vehicle with a revoked or suspended license following a DUI.

Losing a commercial driver's license can have adverse effects on your livelihood. Fortunately, after the suspension period elapses, you can have it reinstated. Before you can have your CDL reinstated in California, you must have met all the federal requirements. Additionally, you must complete the Entry-Level Driver Training program.