Los Angeles DUI and Ride Sharing Services Attorney

The advent of ride-sharing services like Uber and Lyft has revolutionized transportation in Los Angeles, offering convenience and accessibility to millions. However, this transformative shift has also introduced intricate legal considerations, particularly concerning Driving Under the Influence (DUI) laws and their application to individuals operating these services. For those who currently drive or aspire to drive, a thorough understanding of California's DUI regulations is paramount. Recent legislative changes have established a distinct set of rules and requirements specifically for ride-sharing drivers, differing from the standards applied to those driving their vehicles for non-commercial purposes.

This page delves into the updated legal framework, clarifies the specific Blood Alcohol Concentration (BAC) limits applicable to ride-sharing drivers, examines relevant Penal Code and Vehicle Code sections, explores the jury instructions used in DUI cases, and provides an overview of potential sentencing outcomes in Los Angeles. If you are a ride-share driver and you have been charged with a DUI, do not hesitate to seek a skilled DUI defense attorney to help you navigate the process.

California has historically enforced stringent DUI laws, reflecting a commitment to road safety. Traditionally, for drivers of personal vehicles, the legal BAC limit has been set at .08 percent under California Vehicle Code Section 23152(b). This statute applies to individuals operating non-commercial Class C vehicles, which encompasses most private automobiles. Consequently, anyone found to be driving with a BAC of .08 percent or higher can face DUI charges.

However, a stricter BAC threshold has long been in place for commercial drivers. California Vehicle Code Section 23152(d) establishes a BAC limit of .04 percent for those operating commercial vehicles. This heightened standard recognizes the greater responsibility and potential risk associated with operating larger vehicles or performing specific commercial duties. Historically, ride-sharing drivers, utilizing their personal Class C licenses and vehicles, were not initially classified as commercial operators. As such, before recent legislative changes, they were subject to the same .08 percent BAC limit as other non-commercial drivers.

The immense popularity and widespread use of ride-sharing platforms like Uber and Lyft have led to a significant increase in traffic on California roads. Recognizing that these drivers were transporting paying passengers yet not subject to the same regulations as taxi drivers and other traditional commercial operators, California lawmakers identified a potential safety gap. Assembly Bill 2687 was enacted to address this concern, aiming to ensure a high level of safety for passengers utilizing ride-sharing services.

This legislation specifically defines when a ride-sharing driver operates in a commercial capacity for DUI law. The crucial point is the presence of a passenger in the vehicle. From the moment a ride-sharing driver accepts a fare and a passenger enters the vehicle, the driver is considered to be transporting a "passenger for hire." This designation triggers the lower legal BAC limit of .04 percent. Once the passenger exits the vehicle and the driver is no longer engaged in transporting a fare, the standard reverts to the .08 percent BAC limit applicable to ordinary, non-commercial drivers.

California Vehicle Code Section 23152(d), effective July 1, 2018, explicitly addresses the DUI standard for ride-sharing drivers. The statute states that it is "unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense." This language directly targets individuals operating as ride-sharing drivers. The key element that triggers the lower BAC limit is the presence of a paying passenger in the vehicle.

Therefore, when an Uber or Lyft driver has a passenger in their car, they can be charged with DUI if their BAC registers at .04 percent or higher. If the driver is operating without a passenger, the traditional .08 percent BAC standard applies. This distinction places a significant onus on ride-sharing drivers to be exceptionally cautious regarding alcohol consumption before or while on duty. Many drivers proactively adopt zero-tolerance policies to protect themselves and their passengers from potential legal and safety issues.

While DUI prosecutions primarily fall under the purview of the California Vehicle Code, certain sections of the Penal Code can become relevant, particularly in more serious circumstances. One of the most critical scenarios involves a DUI driver causing an accident that results in the death of another person. In such tragic cases, prosecutors may file charges for vehicular manslaughter under Penal Code Section 192 or the more severe charge of gross vehicular manslaughter while intoxicated under Penal Code Section 191.5.

Penal Code Section 191.5: Gross Vehicular Manslaughter While Intoxicated. Specifically addresses situations where a person drives a vehicle while under the influence of alcohol or drugs and with gross negligence, causes the death of another human being. If a ride-sharing driver, while operating with a passenger for hire at a BAC of .04 percent or higher, or without a passenger at .08 percent or higher, drives with gross negligence and causes a fatal accident, they could face charges under this section. The penalties for a conviction under Penal Code Section 191.5 are severe, potentially including a lengthy term in state prison.

Although less common in typical DUI cases, other Penal Code sections can come into play depending on the specific circumstances.

• Penal Code Section 273a. Child Endangerment: If a child under the age of 14 is present in the vehicle at the time of a DUI offense, prosecutors may add a charge of child endangerment under Penal Code Section 273a. This charge can be filed as either a misdemeanor or a felony, depending on the circumstances, and carries additional penalties beyond those for the DUI itself. For a ride-sharing driver, having a child passenger while under the influence, even at the lower .04 percent BAC, would likely lead to this additional charge and significantly aggravate the situation.
• Felony DUI: While a first or second DUI is typically charged as a misdemeanor, a fourth DUI offense within ten years can be charged as a felony under California Vehicle Code Section 23550. Additionally, if a DUI results in injury to another person, the driver can be charged with felony DUI causing injury under California Vehicle Code Section 23153. A felony conviction carries much more serious consequences, including potential state prison time, significant fines, and a permanent criminal record. Prior DUI convictions, even those that occurred while the individual was not operating as a ride-sharing driver, can contribute to a subsequent DUI being charged as a felony.

The interplay between the Vehicle Code and the Penal Code highlights the potential for a DUI charge to escalate into a far more serious legal situation, especially when aggravating factors such as injury, death, or prior convictions are present.

In DUI cases, jury instructions are crucial as they provide the legal framework for jurors to determine whether the prosecution has proven the defendant guilty beyond a reasonable doubt. In California, the Judicial Council of California Criminal Jury Instructions (CALCRIM) are commonly used. Several CALCRIM instructions are particularly relevant to DUI cases involving ride-sharing drivers.

CALCRIM No. 2100: Driving Under the Influence. This instruction outlines the fundamental elements that the prosecution must prove to convict a defendant of DUI under California Vehicle Code Section 23152(a) (driving while impaired). These elements include:

• The defendant drove a vehicle.
• While driving, the defendant was under the influence of an alcoholic beverage.

The instruction further explains that a person is under the influence if, as a result of drinking an alcoholic beverage, their physical or mental abilities are impaired to such a degree that they can no longer drive a vehicle with the caution characteristic of a sober person using ordinary care under similar circumstances.

CALCRIM No. 2110: Driving With a Blood Alcohol Concentration of 0.08 Percent or More. This instruction applies to violations of California Vehicle Code Section 23152(b), the traditional .08 percent BAC limit for non-commercial drivers. The elements the prosecution must prove under this instruction are:

• The defendant drove a vehicle.
• When the defendant drove, their blood alcohol concentration was 0.08 percent or more by weight.

It is important to note that for ride-sharing drivers with a passenger for hire, the prosecution will argue a modified version of this instruction, focusing on the .04 percent BAC limit under Vehicle Code Section 23152(d).

CALCRIM No. 2111: Driving With a Blood Alcohol Concentration of 0.04 Percent or More: Passenger for Hire. This instruction directly addresses the specific DUI law applicable to ride-sharing drivers when they have a passenger for hire. The elements the prosecution must prove are:

• The defendant drove a vehicle.
• When the defendant drove, a passenger for hire was in the vehicle.
• When the defendant drove, their blood alcohol concentration was 0.04 percent or more by weight.

This instruction highlights the lower BAC threshold for ride-sharing drivers engaged in transporting a paying passenger.

CALCRIM No. 2102: Driving Under the Influence Causing Injury. If a DUI results in injury to another person, the prosecution may charge a violation of California Vehicle Code Section 23153. CALCRIM No. 2102 outlines the elements for this offense, which include:

• The defendant drove a vehicle while under the influence of an alcoholic beverage or with a BAC of 0.08 percent or more (or 0.04 percent or more if a passenger for hire was present).
• While driving, the defendant committed an illegal act or was negligent.
• The defendant's illegal act or negligence caused bodily injury to another person.

CALCRIM No. 2120: Gross Vehicular Manslaughter While Intoxicated. In cases involving a fatality, CALCRIM No. 2120 provides the instruction for gross vehicular manslaughter while intoxicated under Penal Code Section 191.5. The elements include:

• The defendant drove a vehicle while under the influence of an alcoholic beverage.
• While driving, the defendant also committed an act that was unlawful or lawful but done with gross negligence.
• The defendant's grossly negligent conduct caused the death of another person.

These jury instructions demonstrate the specific legal standards and burdens of proof that apply in DUI cases, particularly those involving ride-sharing drivers. The instructions are tailored to reflect the lower BAC limit and the added responsibility associated with transporting passengers for hire.

Sentencing in DUI cases in Los Angeles can vary significantly based on numerous factors, including the specific charges, the defendant's prior DUI record, the BAC level, and any aggravating circumstances. For a first-time DUI offense in California, potential penalties typically include:

• Up to six months in county jail.
• Significant fines, often ranging from several hundred to several thousand dollars.
• A period of probation, typically three to five years, with various conditions such as reporting to a probation officer, abstaining from alcohol and drugs, and submitting to drug and alcohol testing.
• Mandatory completion of a DUI education program, which can range from a few months to over a year in duration.
• A driver's license suspension, the length of which can vary depending on the BAC level and other factors.

While the lower BAC threshold is a primary distinction for ride-sharing drivers, other sentencing considerations may also come into play. Prosecutors and judges may view a DUI offense committed while working for a ride-sharing company as an aggravating factor, given the driver's professional responsibility for the safety of their passengers. This perception could potentially lead to:

• Higher fines compared to a standard first-time DUI.
• Longer periods of probation with stricter conditions.
• Enrollment in longer or more intensive DUI education programs.
• A requirement to install an IID in the driver's vehicle, preventing it from starting if alcohol is detected on the driver's breath.

• Second DUI: Potential for longer jail sentences, higher fines, longer license suspensions, and extended DUI education programs.
• Third DUI: Even more severe penalties, including potential felony charges in some circumstances, longer jail or prison sentences, and a longer driver's license revocation.
• Fourth or Subsequent DUI: Typically charged as a felony under California Vehicle Code Section 23550, carrying the possibility of a state prison sentence.

If a DUI results in injury to another person (felony DUI causing injury under California Vehicle Code Section 23153), potential penalties include state prison time, significant fines, and a lengthy driver's license revocation. In the most tragic cases where a death occurs due to gross vehicular manslaughter while intoxicated (Penal Code Section 191.5), a conviction can lead to a state prison sentence lasting several years or even more than a decade.

Assembly Bill 1289 mandates comprehensive background checks for all ride-sharing drivers in California. Companies like Uber and Lyft are required to review applicants' criminal records for certain disqualifying convictions, including DUI offenses. A DUI conviction within the past seven years typically disqualifies an individual from driving for these platforms. Existing drivers who are found to have such convictions on their record can also be deactivated.

This has profound implications for individuals who rely on ride-sharing as their primary source of income. Even a single DUI conviction, whether it occurred at the .08 percent BAC limit or the .04 percent limit for ride-sharing drivers, can render someone ineligible to work for these companies for up to seven years. The consequences extend beyond legal penalties and license suspensions, directly impacting a person's ability to earn a living in the gig economy.

For Uber and Lyft drivers facing DUI charges in Los Angeles, the stakes are exceptionally high. Not only do they face potential criminal penalties, but their ability to continue working and earning income is also directly threatened. Ride-sharing companies often suspend a driver's account immediately upon arrest, pending the outcome of the case. A DUI conviction can lead to a permanent ban from the platform for an extended period. Furthermore, insurance rates are likely to skyrocket, and the individual's personal and professional reputation can suffer significant damage.

At Kraut Law Group Criminal & DUI Lawyers, Inc., our team specializing in cases involving ride-sharing drivers is an invaluable asset. Our attorneys understand the specific nuances of the law as it applies to these drivers, including the lower BAC threshold and the potential impact on their livelihood. They can thoroughly investigate the circumstances of the arrest, including:

• BAC Testing Procedures: Examining whether the breathalyzer or blood test was administered correctly, whether the equipment was properly calibrated, and whether any procedural errors occurred that could affect the accuracy of the results.
• Reasonable Suspicion and Probable Cause: Assessing whether law enforcement officers had a valid legal basis for the initial traffic stop and subsequent arrest.
• Passenger Status: Determining whether a passenger for hire was indeed present in the vehicle at the time of the alleged offense.

A skilled DUI defense attorney can also explore potential legal defenses, negotiate with the prosecution for a reduction of charges or alternative resolutions, and represent the driver's interests in court. For individuals who depend on ride-sharing for their income, pursuing every available legal avenue to avoid a DUI conviction is paramount. Early intervention by an experienced attorney can significantly improve the chances of a favorable outcome.

For anyone operating as an Uber or Lyft driver in the Los Angeles area, the risks associated with driving under the influence, even with a seemingly moderate amount of alcohol, are now significantly amplified, especially when a passenger for hire is in the vehicle. A thorough understanding of the updated DUI laws, the stricter .04 percent BAC threshold, and the potential for losing one's ability to work should serve as a powerful deterrent against driving while impaired. Should an arrest occur, promptly seeking the assistance of a dedicated DUI defense attorney can be the crucial difference between a dismissed or reduced charge and a life-altering conviction that can negatively impact a person's criminal record and professional future for years to come.

If you or someone you know has been arrested for DUI while driving for a ride-sharing company in Los Angeles, consulting with an experienced DUI attorney is an essential first step. Early legal intervention can provide clarity regarding the evidence, potential legal defenses, and the most effective course of action moving forward. For more information or to schedule a free consultation, please contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience, is available 24/7 at 888-334-6344 or 323-464-6453.