California DUI Laws

California enforces stringent laws against driving under the influence (DUI) to ensure public safety. If you are facing DUI charges in California, it is crucial to understand the intricacies of the law, the potential consequences, and the available defenses. Prosecutors in California are known for their aggressive pursuit of DUI convictions, and judges often impose substantial penalties as a deterrent. This page aims to provide a detailed overview of California DUI law to help you navigate this complex legal landscape and make informed decisions. Seeking the guidance of an experienced DUI defense attorney is paramount to protecting your rights and future.

Understanding California DUI Laws

The cornerstone of California DUI law lies within California Vehicle Code section 23152. This section outlines two primary ways a person can be charged with a DUI.

California Vehicle Code section 23152(a) makes it illegal to drive a vehicle while under the influence of any alcoholic beverage or drug or the combined influence of any alcoholic beverage and drug. The critical element here is impairment. The prosecution must prove that your mental or physical abilities were so affected by alcohol or drugs that you could no longer drive with the caution characteristic of a sober person using ordinary prudence under the same or similar circumstances. This assessment involves a holistic view of the evidence, including:

• Driving Pattern: Erratic lane changes, speeding, weaving, or other unusual driving behaviors can indicate impairment.
• Field Sobriety Tests (FSTs): Law enforcement administers standardized tests like the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand to assess coordination and balance.
• Officer Observations: Police officers will document their observations of your demeanor, such as slurred speech, bloodshot eyes, or the smell of alcohol.
• Chemical Test Results: Blood or breath tests are used to measure the concentration of alcohol or drugs in your system. While a specific blood alcohol concentration (BAC) is not required for a conviction under 23152(a), these results are strong evidence of impairment.

California Vehicle Code section 23152(b) establishes the "per se" DUI offense. It is unlawful to drive a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. Under this provision, the prosecution does not need to prove actual impairment. The BAC level itself is sufficient evidence to establish a violation. This means that even if you believe you were not impaired, a BAC of 0.08% or higher at the time of driving violates this section. It's important to note that BAC levels can fluctuate, and the prosecution will typically rely on the BAC at the time of the chemical test, often extrapolating back to the time of driving.

What Legally Qualifies as Being “Under the Influence” in a California DUI Case?

The legal definition of "under the influence" in California, as it pertains to Vehicle Code section 23152(a), is crucial. An individual is considered under the influence if, due to consuming alcohol, drugs, or a combination of both, their physical or mental faculties are diminished to such an extent that they cannot operate a vehicle with the caution characteristic of a sober person using ordinary care. This standard applies to the operation of any vehicle, including passenger cars, motorcycles, and commercial vehicles, on any public roadway. Even if your chemical test results are below the 0.08% threshold, you can still be charged and convicted under Vehicle Code section 23152(a) if the prosecution presents sufficient evidence demonstrating that your ability to drive was impaired.

How do California Jury Instructions Impact DUI Trial Outcomes?

In California, when DUI cases that proceed to trial, the judge provides the jury with specific instructions on the law that applies to the case. These instructions, often drawn from the California Criminal Jury Instructions (CALCRIM), guide the jury in their deliberations and outline what the prosecution must prove beyond a reasonable doubt to find the defendant guilty.

When a defendant is charged with driving under the influence under Vehicle Code section 23152(a), the jury will typically receive CALCRIM 2110. This instruction informs the jury of the elements the prosecution must prove to establish guilt:

• The defendant drove a vehicle. This element requires proof that the defendant was in control of and operating a vehicle.
• While driving, the defendant was under the influence of an alcoholic beverage or a drug. This is the core of the charge. The instruction further defines "under the influence" as having impaired physical or mental faculties to such a degree that the defendant could not drive with the caution characteristic of a sober person using ordinary care under similar circumstances.

The jury must consider all the evidence presented, including driving patterns, field sobriety test results, officer observations, and chemical test results, to determine if the prosecution has met its burden of proving impairment beyond a reasonable doubt.

If the defendant is charged with violating Vehicle Code section 23152(b), the jury will likely receive CALCRIM 2111. This instruction focuses on the unlawful act of driving with a BAC of 0.08% or higher. The key elements the prosecution must prove are:

• The defendant drove a vehicle. Similar to CALCRIM 2110, this requires proof of operation and control of a vehicle.
• When the defendant drove, their blood alcohol percentage was 0.08% or more. This element relies heavily on the results of chemical tests (blood or breath).

CALCRIM 2111 also provides important context regarding chemical tests. It clarifies that the prosecution can use the chemical test results to prove the defendant's BAC at the time of driving. However, it also acknowledges that BAC levels can change over time. The jury is instructed to consider the time elapsed between the driving and the chemical test and to evaluate whether the test accurately reflects the defendant's BAC at the time of driving. The jury ultimately decides the accuracy of the test results and whether the defendant's BAC was at or above the legal limit while driving.

Depending on the specific circumstances of the case, other CALCRIM instructions may be relevant. For example, if the defendant is charged with both Vehicle Code section 23152(a) and 23152(b), the jury will receive instructions for both offenses. If there are allegations of refusing a chemical test, CALCRIM 2120 (Refusal to Take Chemical Test) might be given. If there are prior DUI convictions, instructions regarding those prior convictions and their potential impact on sentencing may also be provided.

Burden of Proof in California DUI Cases: What the Prosecutor Must Show

In every criminal case, including DUI, the prosecution bears the burden of proving each element of the charged offense beyond a reasonable doubt. This is the highest standard of proof in the American legal system. It means that the jury must be convinced to a moral certainty that the defendant committed the crime. If, after considering all the evidence, the jury has any reasonable doubt as to whether the defendant drove the vehicle, was under the influence, or had a BAC of 0.08% or higher at the time of driving, they must find the defendant not guilty.

Understanding Criminal and DMV DUI Proceedings in California

A DUI arrest in California initiates two separate but related proceedings: a criminal case in the superior court and an administrative action by the California Department of Motor Vehicles (DMV).

• Criminal Proceedings. The criminal case addresses the fundamental question of guilt or innocence regarding the DUI charges. If found guilty, the court will impose criminal penalties, which can include jail time, fines, probation, and mandatory DUI education programs.
• Administrative Proceedings (DMV APS Hearing). The DMV proceeding, known as an Administrative Per Se (APS) hearing, focuses on your driving privileges. The DMV can suspend your driver's license if they find that you were driving with a BAC of 0.08% or higher or if you refused to submit to a chemical test after a lawful arrest. It is critical to understand that you have only 10 days from the date of your arrest to request an APS hearing with the DMV. Failing to request a hearing within this timeframe typically results in an automatic suspension of your driver's license, regardless of the outcome of your criminal case. An experienced DUI attorney can represent you at the APS hearing to challenge the suspension of your license.

Penalties and Sentencing Guidelines for California DUI Convictions

California law establishes a range of potential penalties for DUI offenses, and the severity of the sentence depends on numerous factors, including:

• Number of Prior DUI Convictions: Penalties increase significantly with each subsequent DUI within 10 years.
• Circumstances of the Arrest: Factors like a high BAC, involvement in an accident, or the presence of injuries can lead to harsher penalties.
• Defendant's Criminal History: Prior criminal convictions, even those unrelated to DUI, can influence sentencing.
• Aggravating Factors: Certain factors can enhance the penalties imposed by the court.

What to Expect From a First-Time DUI Charge in California

A first-time misdemeanor DUI conviction in California can result in the following penalties:

• Up to six months in county jail.
• A base fine ranging from $390 to $1,000, which, with penalty assessments and court costs, can often exceed several thousand dollars.
• Typically, this is a four-month suspension of your driver's license. However, you may be eligible for a restricted license allowing you to drive to and from work, school, and DUI programs.
• Mandatory participation in a DUI education program, typically lasting three, six, or nine months, depending on the county and BAC level.
• Often granted for a period of three to five years, with conditions such as abstaining from alcohol and drugs, submitting to chemical testing, and attending self-help meetings.
• The court may order the installation of an IID in your vehicle as a condition of probation or to obtain a restricted license.

Second DUI in California: Penalties and Legal Consequences

A second DUI conviction within 10 years carries significantly increased penalties:

• Mandatory minimum jail sentence, ranging from 96 hours to one year in county jail.
• Higher fines, typically ranging from $390 to $1,000 in base fines, with significantly higher total costs due to penalty assessments.
• A longer driver's license suspension, typically for one to two years. You may be eligible for a restricted license after a certain period, often requiring the installation of an IID.
• A longer DUI education program typically lasts 18 or 30 months.
• Usually granted for three to five years with stricter terms.
• Often mandatory for a period of one to three years.

Third DUI Charge in California: Jail Time, Fines, and Felony Risks

A third DUI conviction within 10 years can lead to even harsher consequences, and the offender may be charged with a misdemeanor or, in some circumstances, a felony.

• A significant jail sentence, with a minimum of 120 days in county jail for a misdemeanor and potential state prison time for a felony.
• Substantially higher fines.
• A driver's license suspension for three years.
• An 18-month or 30-month DUI education program.
• Typically granted for three to five years with stringent conditions.
• Mandatory installation of an IID for a significant period.

Felony DUI in California: Fourth or Subsequent Offenses

A fourth or subsequent DUI conviction within 10 years is typically charged as a felony in California. Felony DUI convictions carry severe penalties:

• Potential for imprisonment in state prison.
• Substantial fines and penalties.
• A driver's license revocation for four years or more.
• Mandatory participation in a long-term DUI education program.
• Potential loss of certain civil rights, such as the right to vote or own a firearm.
• A felony conviction can create significant barriers to employment and housing.

DUI Causing Injury (Vehicle Code § 23153)

If someone is injured as a result of your DUI, you can be charged with a violation of California Vehicle Code section 23153. This offense can be charged as either a misdemeanor or a felony, depending on the severity of the injuries and your prior DUI record. Penalties for DUI with injury are significantly more severe and can include substantial jail or prison time, large fines, restitution to the injured party, and a lengthy license suspension.

What Increases DUI Penalties in California?

Certain aggravating factors can lead to enhanced penalties in DUI cases. These factors include:

• High Blood Alcohol Content (BAC) of 0.15% or Higher: This can result in increased jail time and longer DUI education programs.
• Driving with a Minor in the Vehicle: This can lead to additional charges and penalties under California Vehicle Code section 23598.
• Refusal to Submit to a Chemical Test: While refusal itself carries a license suspension, it can also be used against you in court and considered an aggravating factor at sentencing.
• Excessive Speeding: Driving at excessive speeds while under the influence can lead to harsher penalties.
• Causing an Accident or Injury: As mentioned above, this can lead to felony charges and significant penalties.
• Prior DUI Convictions: As discussed, prior DUIs within the 10-year "lookback" period significantly increase penalties.

Refusing a DUI Breath or Blood Test: Legal Ramifications in California

California's implied consent law requires drivers lawfully arrested for DUI to submit to a chemical test (either blood or breath) to determine their BAC. Refusing to take a chemical test has its own set of serious consequences, separate from the outcome of the criminal DUI case:

• Driver's License Suspension: A one-year suspension of your driver's license for a first offense refusal, two years for a second offense within 10 years, and three years for a third or subsequent refusal within 10 years. This suspension is often longer than the suspension for a first-time DUI conviction with a BAC of 0.08% or higher.
• Use Against You in Court: Your refusal to take a chemical test can be used against you in court as evidence of consciousness of guilt. The prosecution can argue that you refused the test because you knew you were over the legal limit.
• Aggravating Factor at Sentencing: Refusal can be considered an aggravating factor by the judge during sentencing if you are convicted of DUI.

It is important to understand that while some individuals may refuse testing, believing it will prevent the prosecution from obtaining BAC evidence, the legal ramifications of refusal can be just as severe, if not more so, than a high test result.

Long-Term Consequences of a DUI Conviction in California

Beyond the direct criminal penalties and license suspension, a DUI conviction in California can have numerous long-lasting collateral consequences that can significantly impact your life:

• Increased Auto Insurance Premiums: Insurance companies typically view DUI convictions as a high-risk factor, leading to substantial increases in your auto insurance rates.
• Challenges in Professional Licensing: Many professional licensing boards (e.g., for nurses, doctors, lawyers, real estate agents) may suspend or revoke licenses due to a DUI conviction, particularly if it is a felony or involves aggravating factors.
• Difficulties with Employment Background Checks: Employers often conduct background checks, and a DUI conviction can negatively impact your ability to secure employment, especially in professions involving driving or positions of trust.
• Immigration Consequences: For non-citizens, a DUI conviction, especially multiple convictions or a DUI involving injury or fatality, can have severe immigration consequences, potentially leading to deportation. It is crucial for non-citizens facing DUI charges to consult with an attorney experienced in both DUI and immigration law.
• Travel Restrictions: Some countries may restrict entry to individuals with DUI convictions.
• Security Clearance Issues: Government agencies may deny or revoke security clearances based on a DUI conviction.

Effective Legal Defenses to Fight a DUI Charge in California

Despite the strict nature of California DUI laws, various legal defenses can be raised depending on the specific facts of your case. An experienced DUI defense attorney will thoroughly investigate the circumstances of your arrest to identify potential defenses, such as:

• Unlawful Stop: Police officers must have a valid legal reason (reasonable suspicion) to stop your vehicle. If the stop was unlawful, any evidence obtained as a result of the stop, including field sobriety test results and chemical test results, may be suppressed, potentially leading to a dismissal of the charges.
• Improper Field Sobriety Test Administration: Law enforcement officers must administer standardized field sobriety tests according to established protocols. Errors in administration or scoring can lead to unreliable results.
• Inaccurate Breathalyzer Readings: Breathalyzer machines must be properly calibrated and maintained to provide accurate results. Defense attorneys can challenge the accuracy of breath test results based on issues with the machine or its operation.
• Medical Conditions Affecting Test Results: Certain medical conditions, such as acid reflux or diabetes, can affect breath test results and produce falsely high readings. Certain medications can also influence test outcomes.
• Rising Blood Alcohol Defense: If your BAC was below 0.08% while driving but rose above that level by the time of the chemical test, this could be a valid defense to a charge under Vehicle Code section 23152(b).
• Lack of Probable Cause for Arrest: An arrest for DUI must be based on probable cause, meaning the officer must have sufficient facts to believe you were driving under the influence.
• Violation of Miranda Rights: If you were subjected to custodial interrogation without being advised of your Miranda rights, any statements you made may be inadmissible in court.

Why You Need a Skilled DUI Defense Attorney in California

Navigating the complexities of the California DUI legal system can be overwhelming. An experienced DUI defense attorney possesses the specialized knowledge and skills necessary to protect your rights and advocate for the best possible outcome in your case. They can:

• Thoroughly Investigate Your Case: Review police reports, video evidence, and witness statements to identify weaknesses in the prosecution's case and potential defenses.
• Challenge the Evidence: File motions to suppress illegally obtained evidence, question the accuracy of chemical tests, and cross-examine witnesses.
• Negotiate with the Prosecution: Explore opportunities to reduce the charges or negotiate a favorable plea agreement.
• Represent you in Court: Provide skilled legal representation at all court hearings and trials if necessary.
• Advise you on DMV Proceedings: Assist you in requesting a DMV hearing and represent you in those proceedings to fight the suspension of your driver's license.
• Explore Alternative Sentencing Options: In some cases, your attorney may be able to negotiate alternative sentencing options, such as community service, home confinement, or participation in treatment programs, instead of jail time.

Can You Expunge a DUI in California? How DUI Expungement Works

Under California Penal Code section 1203.4, individuals who have completed the terms of their probation for a DUI conviction may be eligible to have the conviction expunged from their record. An expungement can provide several benefits, such as allowing you to truthfully answer "no" in most situations when asked if you have been convicted of a crime. While law enforcement and certain licensing boards may still be able to see the expunged conviction, it can significantly improve your employment prospects and reduce the social stigma associated with a DUI. To be eligible for expungement, you typically must have completed probation, paid all fines and restitution, and complied with all other court orders.

Why Timing Is Critical in California DUI Cases

Time is of the essence when facing DUI charges. As mentioned earlier, you have only 10 days to request a DMV hearing to contest the suspension of your driver's license. Prompt action by you or your attorney can also help preserve crucial evidence, such as dashcam footage, police bodycam recordings, or surveillance video from nearby businesses. Witness memories can also fade over time, making it essential to begin a thorough investigation as soon as possible after an arrest. Contacting an experienced DUI attorney immediately after an arrest is one of the most important steps you can take to protect your rights and your future.

Contact a Skilled DUI Defense Attorney

If you have been arrested for DUI in Los Angeles or anywhere in Southern California, it is imperative to seek the advice and representation of a dedicated and experienced DUI defense attorney who can provide the guidance and advocacy you need to navigate this challenging legal process.

For more information about the various defenses for your DUI case and to schedule your free consultation, contact Los Angeles DUI Defense Attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. Our team can be reached 24/7 at 888-334-6344 or 323-464-6453.

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