Los Angeles DUI and Double Jeopardy Attorney

Los Angeles drivers often find themselves facing two separate DUI charges arising from a single incident: driving under the influence of alcohol (California Vehicle Code Section 23152(a)) and driving with a blood alcohol content (BAC) of 0.08 percent or higher (California Vehicle Code Section 23152(b)). This situation understandably leads to concerns about double jeopardy, the constitutional principle that prohibits being tried or punished twice for the same offense. While it might seem that two charges for the same conduct violate this principle, California law and court decisions have established that a person can be convicted under both statutes but will only be punished once. This framework is consistent with double jeopardy protections because the two charges, although related, address distinct legal elements, and sentencing is imposed on only one.

It is crucial for individuals facing DUI charges in Los Angeles to understand why prosecutors often file two charges, how double jeopardy protections apply under California and federal law, and the sentencing and driver's license suspension consequences that can result from a DUI conviction. If you are facing two eparate DUI charges you need a skilled DUI defense attorney on your side that understands that Los Angeles legal system and that will protect your rights and your future.

Double jeopardy is a fundamental right protected by the Fifth Amendment to the United States Constitution, which states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." California law reinforces this protection in Article I, Section 15 of the California Constitution, and in various provisions of the Penal Code. For example, California Penal Code Section 687 PC explicitly states, "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted." Furthermore, Penal Code Section 1023 specifies that a person cannot be prosecuted twice for the same offense after a valid acquittal or conviction. These constitutional and statutory safeguards ensure that the government cannot repeatedly prosecute an individual for the same offense in an attempt to secure a conviction or impose multiple punishments. The core principle is to prevent the state from harassing citizens through multiple prosecutions for the same alleged criminal conduct.

The application of double jeopardy hinges on two key components: a prior prosecution for the "same offense". A prosecution occurs once the legal process has begun, typically with a trial where a jury has been selected and sworn in, or in a bench trial, when the first witness is sworn. Once a person has been acquitted (found not guilty) or convicted of a crime, they cannot be prosecuted again for that same crime based on the same facts.

The reason why facing two DUI charges simultaneously does not violate double jeopardy lies in the different elements that the prosecution must prove for each offense. While both charges arise from the same underlying conduct—operating a vehicle after consuming alcohol—they are based on slightly different legal foundations. California courts, including the California Supreme Court and appellate courts, have consistently held that convictions under both Vehicle Code sections for a single incident are permissible, as long as the defendant is only punished once.

Under California Vehicle Code Section 23152(a), it is illegal to drive a vehicle while under the influence of alcohol. To secure a conviction under this section, prosecutors must demonstrate that the accused's mental or physical abilities were so impaired by alcohol that they could not drive a vehicle with the caution characteristic of a sober person in similar circumstances. This often involves presenting evidence such as the driver's behavior and appearance (signs of intoxication), their performance on field sobriety tests, and any erratic driving observed by law enforcement. The focus of this charge is on the actual impairment of the driver's ability to operate a vehicle safely.

California Vehicle Code Section 23152(b) makes it a separate offense to drive a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. This is known as a "per se" DUI offense because the mere fact that a driver's BAC is at or exceeds the legal limit is sufficient to establish criminal liability, regardless of whether the person exhibited overt signs of intoxication or was driving poorly. Prosecutors typically rely on chemical test results—obtained through breath, blood, or urine tests—to prove a defendant's BAC at the time of driving. The emphasis here is on the objective measurement of alcohol in the driver's system.

Prosecutors often file charges under both Vehicle Code Section 23152(a) and Section 23152(b) when the evidence suggests both actual impairment and a BAC at or above the legal limit. This dual-filing strategy increases the prosecution's chances of obtaining at least one DUI conviction. For instance, a jury might have doubts about the accuracy or reliability of chemical test results but could still find the defendant guilty of driving under the influence (Section 23152(a)) based on field sobriety tests, police officer observations, and other indicators of impairment. Conversely, even if the jury is not convinced that the defendant was noticeably impaired, the prosecution could still secure a conviction by proving that the driver's BAC exceeded the legal threshold under Section 23152(b).

This practice of charging both offenses does not violate double jeopardy principles because each statute targets a distinct aspect of impaired driving. Courts have clarified that a conviction for both offenses in a single trial does not automatically lead to double punishment. Instead, the judge will impose a single sentence, usually selecting the count that is most applicable to the specific circumstances of the case or by treating one count as merging into the other for sentencing purposes.

While double jeopardy primarily concerns multiple prosecutions, it also prohibits multiple punishments for the same offense arising from a single incident. California Penal Code Section 654 specifically addresses this issue, preventing a court from imposing multiple sentences when a single act or course of conduct violates more than one statute. In the context of DUI cases, California courts consistently rule that even if a jury finds a defendant guilty under both Vehicle Code Section 23152(a) and Section 23152(b) for the same driving incident, the defendant can only receive one punishment. This sentencing approach aligns with constitutional requirements and ensures that a defendant is not subjected to duplicative sanctions for what is essentially a single act of impaired driving. It's important to note that while the record may reflect convictions for both offenses, only one will be used for sentencing purposes at that time. Furthermore, in the event of future DUI offenses, only one of these two convictions will typically be counted as a prior DUI to enhance penalties.

Jury instructions are critical as they guide jurors on the specific elements that the prosecution must prove beyond a reasonable doubt to secure a conviction. In California, the standard jury instructions for criminal cases are known as CALCRIM (California Criminal Jury Instructions). For DUI cases involving Vehicle Code Section 23152(a), the relevant instruction is CALCRIM 2110.

CALCRIM 2110 outlines the elements that the prosecution must prove for a violation of Vehicle Code Section 23152(a). According to this instruction, to find the defendant guilty of driving under the influence, the jury must determine two things:

• The defendant drove a vehicle. This element is usually straightforward and involves proving that the defendant was in control of and operating a motor vehicle.
• When the defendant drove, they were under the influence of an alcoholic beverage. The instruction further clarifies that a person is under the influence if, as a result of consuming an alcoholic beverage, their mental or physical abilities were so impaired that they could no longer drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

For a violation of California Vehicle Code Section 23152(b), the relevant jury instruction is CALCRIM 2111, which addresses driving with a BAC of 0.08 percent or higher. This instruction informs the jury that the prosecution must prove two elements:

• The defendant drove a vehicle. Similar to CALCRIM 2110, this requires proof that the defendant operated a motor vehicle.
• When the defendant drove, they had 0.08 percent or more, by weight, of alcohol in their blood. This element focuses on the chemical test results indicating the defendant's BAC at the time of driving.

While a driver in Los Angeles may be convicted of both Vehicle Code Section 23152(a) and 23152(b) for a single incident, they will only be sentenced once. Typically, the sentence will be imposed on the count that carries the more severe penalties. The penalties for a DUI conviction in Los Angeles vary depending on factors such as whether it is a first, second, third, or subsequent offense and whether there were any aggravating circumstances, such as injury to another person.

For a first-time DUI conviction in Los Angeles, the penalties typically include:

• Up to six months in county jail. While a jail sentence is possible, it is often suspended for first-time offenders, especially if there are no aggravating factors.
• A fine of up to $1,000, plus significant penalty assessments that can increase the total cost.
• Typically, this involves three to five years of probation with various terms and conditions.
• Completion of a DUI school, which for a first offense is usually a three-month (30-hour) program or a nine-month program, depending on the BAC level and other factors.
• A suspension of the driver's license for six to ten months. However, after an initial 30-day suspension, a restricted license may be available allowing driving to and from work and the DUI program.
• In some cases, particularly with higher BAC levels or other aggravating factors, the court may order the installation of an IID in the defendant's vehicle for a while.

The penalties for a second DUI conviction within ten years are significantly more severe:

• Up to one year in county jail. A minimum jail sentence is often mandatory.
• A maximum fine of $1,000, plus penalty assessments.
• Three to five years of probation, often with stricter terms.
• Completion of an 18-month or 30-month DUI school.
• A driver's license suspension for up to two years. A restricted license may be possible after one year, allowing driving to and from work and the DUI program.
• Mandatory installation of an IID in the defendant's vehicle for one year.

A third DUI conviction within ten years carries even harsher penalties:

• Up to one year in county jail, or potentially 16 months in state prison under certain circumstances. A significant minimum jail sentence is typically required.
• A maximum fine of $1,000, plus penalty assessments.
• Three to five years of probation.
• Completion of a 30-month DUI school.
• A driver's license suspension for three years. A restricted license may be possible after 18 months.
• Mandatory installation of an IID in the defendant's vehicle for two years.

A fourth or subsequent DUI conviction within ten years is typically charged as a felony:

16 months, two years, or three years in state prison.

• A fine ranging from $1,015 to $5,000, plus penalty assessments.
• A driver's license suspension for up to four years, with the possibility of permanent revocation.
• Completion of a 30-month DUI school.
• Mandatory installation of an IID in the defendant's vehicle for three years.

In addition to these penalties, a DUI conviction can also lead to increased insurance premiums, potential professional license consequences, and immigration issues for non-citizens. It is crucial for anyone facing DUI charges in Los Angeles to seek experienced legal representation to understand the potential penalties and develop a strong defense strategy.

Facing DUI charges under both Vehicle Code Section 23152(a) and 23152(b) in Los Angeles can be a confusing and stressful experience. While the initial appearance of two charges might raise concerns about double jeopardy, California law allows for convictions under both statutes from a single incident, provided that the defendant is only sentenced once. This practice is permissible because each statute addresses a distinct element of impaired driving. Understanding the nuances of double jeopardy, the specific elements of each DUI offense as outlined in the Vehicle Code and CALCRIM jury instructions, and the potential sentencing consequences is essential for anyone facing these charges. Given the serious penalties associated with DUI convictions, including potential jail time, significant fines, license suspension, and long-term repercussions, it is imperative to consult with a knowledgeable Los Angeles DUI defense attorney at Kraut Law Group Criminal & DUI Lawyers, Inc., who can protect your rights and explore all possible defenses.

For more information about DUI and double jeopardy, and to schedule your free consultation, at 888-334-6344 or 323-464-6453 or through our online form.