Los Angeles DUI Under 0.08 Percent Attorney

California's drunk-driving laws extend beyond the common understanding of a 0.08 percent blood alcohol concentration (BAC) limit. In Los Angeles, as elsewhere in California, you can still face a Driving Under the Influence (DUI) charge even if your BAC is below this threshold. This page delves into the intricacies of DUI cases where the BAC is under 0.08 percent, providing crucial information about the relevant Penal Code sections, jury instructions, and sentencing implications. Understanding these aspects is essential for anyone facing such allegations, which is why having an experienced DUI defense attorney is critical to navigate the legal system.

While California Vehicle Code Section 23152(b) specifically prohibits driving with a BAC of 0.08 percent or higher, Section 23152(a) makes it unlawful to drive a vehicle while under the influence of any alcoholic beverage. The critical factor here is impairment. According to this section, a driver is considered under the influence if their physical or mental abilities are so affected that they cannot drive with the caution characteristic of a sober person using ordinary care under similar circumstances. This means that even with a BAC below 0.08 percent, if the prosecution can demonstrate that your driving abilities were impaired due to alcohol consumption, you can be charged with a DUI. Prosecutors might pursue a case under Section 23152(a) when a person's BAC is close to 0.08 percent or when other evidence suggests impairment, such as erratic driving, poor performance on field sobriety tests, or the presence of physical symptoms of intoxication.

Although DUI offenses are primarily prosecuted under the California Vehicle Code, sentencing and related aspects can be influenced by the California Penal Code. Certain Penal Code sections come into play for enhancements or probation conditions, especially in cases involving aggravating factors or prior convictions. For instance, if a DUI is committed with a minor under 14 years of age in the vehicle, Penal Code Section 273a(a) could lead to additional penalties. Similarly, prior felony convictions, injuries caused during the DUI, or other serious circumstances can trigger enhancements under various Penal Code provisions, potentially increasing custody time and fines. It is important to recognize that your criminal history, including violations of the Penal Code, can impact whether a subsequent DUI is charged as a felony, which carries significantly harsher penalties.

One notable enhancement under the Vehicle Code, influenced by the driver's conduct, is found in Vehicle Code Section 23582 VC. This section allows for an additional 60 days in jail if a person is driving under the influence and speeding excessively (20 mph or more over the limit on a surface street or 30 mph or more over the limit on a highway) in a reckless manner. While this is a Vehicle Code section, the concept of "reckless manner" aligns with broader principles within the Penal Code regarding reckless endangerment.

If an individual refuses to submit to chemical testing after a lawful DUI arrest, Vehicle Code Section 23612 outlines increased penalties, including longer license suspensions and potential additional jail time. This "implied consent" law underscores the state's interest in obtaining evidence of intoxication.

California's Criminal Jury Instructions (CALCRIM) provide crucial guidance to juries in DUI cases, including those where the BAC is below 0.08 percent. While CALCRIM 2111 specifically addresses driving with a BAC of 0.08 percent or more, CALCRIM 2110, titled "Driving Under the Influence," is highly relevant in low BAC cases prosecuted under Vehicle Code Section 23152(a).

CALCRIM 2110: Driving Under the Influence

This instruction explains to the jury that to find the defendant guilty of driving under the influence, the prosecution must prove two things:

• The defendant drove a vehicle.
• When the defendant drove, they were under the influence of an alcoholic beverage.

The instruction further clarifies what it means to be "under the influence." It states that a person is under the influence if, as a result of drinking an alcoholic beverage, their mental or physical abilities are so impaired that they are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Importantly, this instruction emphasizes that how a person drives is not enough by itself to establish whether they are under the influence. However, the jury can consider evidence of driving, field sobriety tests, and other observations to determine if the defendant's impairment reached the level described in the instruction. Even if the BAC is under 0.08 percent, the jury can still find the defendant guilty if they believe the prosecution has proven beyond a reasonable doubt that the defendant was impaired to this degree.

While CALCRIM 2111, concerning the 0.08 percent BAC presumption, might not be directly applicable in a low BAC case, prosecutors might still present BAC evidence below 0.08 percent as part of the overall evidence of impairment. They could argue that even a lower BAC, combined with other factors, demonstrates that the driver's abilities were compromised.

Even when the BAC is below 0.08 percent, a DUI conviction under Vehicle Code Section 23152(a) in Los Angeles can result in significant penalties. The specific sentence will depend on various factors, including whether it is a first offense, prior DUI convictions within the past ten years, and any aggravating circumstances.

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

• Jail Time: Up to six months in county jail. While a judge may often grant probation instead of jail time for a first offense, the possibility remains.
• Fines: Fines typically range from approximately $390 to $1,000, but with court assessments and fees, the total cost can be significantly higher.
• License Suspension: A mandatory driver's license suspension of up to six months.
• DUI Education Program: Mandatory attendance in a DUI education program, which can range from 12 weeks to nine months for a first offense.
• Probation: Probation terms can last for three to five years and may include various conditions, such as abstaining from alcohol, submitting to random drug and alcohol testing, and attending support group meetings.
• Ignition Interlock Device (IID): In Los Angeles County, due to the Ignition Interlock Device Pilot Program, individuals convicted of a first-time DUI under Vehicle Code Section 23152(a) are typically required to install an IID in their vehicle for five months to regain driving privileges.

The penalties for subsequent DUI convictions within ten years are significantly harsher. A second DUI conviction can result in increased jail time (minimum of 96 hours to one year), longer DUI education programs (typically 18 months), and a longer license suspension (up to two years). Third and subsequent DUI convictions carry even more severe penalties, including potential felony charges, longer prison sentences, and extended license revocations.

Certain aggravating factors can lead to enhanced penalties, even for a first-time DUI under 0.08 percent. These factors can include:

• High BAC: Although this page focuses on under 0.08 percent, a BAC close to this level (e.g., 0.07% or 0.06%) might be considered an aggravating factor by the court.
• Speeding: As mentioned earlier, driving at excessive speeds while under the influence can lead to additional jail time under Vehicle Code Section 23582.
• Accidents: Involvement in a traffic accident, especially one resulting in injury, will significantly increase the potential penalties and could lead to felony charges.
• Child Endangerment: Driving under the influence with a child in the vehicle carries additional penalties under both the Vehicle Code and potentially the Penal Code.

In some cases, especially when the BAC is only slightly below 0.08 percent or the evidence of impairment is less strong, a skilled defense attorney may be able to negotiate a plea bargain to a lesser offense, such as a "wet reckless" (Vehicle Code Section 23103.5) or a "dry reckless" (Vehicle Code Section 23103). These reduced charges typically carry less severe penalties, including shorter license suspensions and lower fines. An "exhibition of speed" (Vehicle Code Section 23109(c)) might also be a possibility in very weak DUI cases.

Facing a DUI charge in Los Angeles, even with a BAC under 0.08 percent, requires a thorough understanding of California's complex DUI laws, including the interplay between the Vehicle Code and the Penal Code. Prosecutors can and do pursue these cases based on evidence of impairment, making it crucial to have knowledgeable legal representation. Understanding the relevant jury instructions and potential sentencing outcomes is vital for building a strong defense, protecting your rights, and driving privileges. If you are facing a DUI charge with a BAC under 0.08 percent, contacting an experienced Los Angeles DUI attorney is highly recommended to navigate the legal complexities and achieve the best possible outcome for your case.