Trends in California DUI Law

DUI law in California is constantly evolving. Statutes change, enforcement protocols adapt to new legal and scientific developments, and prosecutorial priorities shift based on public policy goals. For defense attorneys, especially those focusing on DUI cases in Los Angeles, CA, remaining aware of the latest trends is essential. What once was limited primarily to alcohol-based offenses now includes a range of substances such as marijuana and prescription drugs. There are also emerging methods to detect drug impairment, along with evolving case law that impacts how evidence is gathered and presented in court. Having a skilled Los Angeles DUI attorney and understanding these nuances can make a crucial difference in preparing a defense, negotiating with prosecutors, and protecting clients’ rights.

While the majority of DUI-related offenses in California are codified within the Vehicle Code, specifically sections 23152 and 23153, certain provisions of the Penal Code can also be critically relevant. Vehicle Code section 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol, and section 23152(b) prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. Section 23152(f) addresses driving under the influence of drugs, and section 23152(g) covers driving under the combined influence of alcohol and drugs. Vehicle Code section 23153 elevates a DUI to a felony when the impaired driving causes bodily injury to another person.

Although the Vehicle Code takes center stage in most DUI cases, the California Penal Code Section 191.5 addresses the serious offense of gross vehicular manslaughter while intoxicated. This section comes into play when a death occurs as a result of grossly negligent driving by a person under the influence of alcohol or drugs. Penalties under this section can be severe, including significant state prison time, especially if there are prior DUI convictions.

The Penal Code can interact with DUI cases through sentencing enhancements. If there are aggravating factors present, such as multiple prior DUI convictions within ten years, excessive speeding, or having a minor under the age of 14 in the vehicle at the time of the offense, additional penalties can be imposed under various Penal Code sections. These enhancements can substantially increase the potential jail or prison time, fines, and other consequences associated with a DUI conviction. At Kraut Law Group Criminal & DUI Inc., we will help you understand that the interplay between the Vehicle Code and these key Penal Code provisions is crucial for evaluating the full scope of potential charges and developing an effective defense strategy.

Jury instructions are the bedrock of any jury trial, providing the legal framework that jurors must follow to reach a verdict. In California DUI cases, the Judicial Council provides standardized criminal jury instructions known as CALCRIM. Several CALCRIM instructions are particularly relevant in DUI trials.

CALCRIM No. 2110, Driving Under the Influence, is a foundational instruction that outlines the essential elements the prosecution must prove beyond a reasonable doubt to secure a DUI conviction under Vehicle Code section 23152(a), (f), or (g). This instruction clarifies that the defendant must have driven a vehicle and, at the time of driving, was under the influence of an alcoholic beverage, a drug, or a combination of both. It further defines "under the influence" as having mental or physical abilities so impaired that the person is no longer able to drive a vehicle with the caution of a sober person using ordinary care under similar circumstances. The instruction also emphasizes that the manner of driving alone is not sufficient to establish impairment but should be considered along with all other surrounding circumstances.

For cases involving driving with a BAC of 0.08% or higher, CALCRIM No. 2111, Driving With 0.08 Percent Blood Alcohol, is crucial. This instruction informs the jury that if the prosecution proves beyond a reasonable doubt that the defendant's BAC was 0.08% or more at the time of the chemical analysis, they may, but are not required to, conclude that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense. This establishes a rebuttable presumption of impairment.

In cases involving prior DUI convictions, instructions like CALCRIM No. 2125, Driving Under the Influence or With 0.08 or 0.04 Percent Blood Alcohol: Prior Convictions, and CALCRIM No. 2126, Driving Under the Influence or With 0.08 or 0.04 Percent Blood Alcohol: Prior Convictions - Bifurcated Trial, are used to guide the jury on how to consider these prior convictions, especially in bifurcated trials where the jury first determines guilt on the current offense and then considers the prior convictions.

For drug-related DUIs under Vehicle Code section 23152(f), the definition of a "drug" as provided in CALCRIM No. 2110 is vital. It defines a drug as a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair their ability to drive as an ordinarily cautious person, in full possession of their faculties and using reasonable care, would drive under similar circumstances. This distinction is important as it focuses on impairment rather than merely the presence of a drug in the system. Defense attorneys often leverage these instructions to argue that the prosecution has not met its burden of proving actual impairment caused by the drug.

Understanding these and other relevant CALCRIM instructions is paramount for both prosecutors, who must prove each element to the jury, and defense attorneys, who can argue for acquittal if the evidence fails to meet the standards outlined in these instructions.

Sentencing in California DUI cases is multifaceted and depends on various factors, including whether the offense is a misdemeanor or a felony, the number of prior DUI convictions within the past ten years, and the presence of any aggravating circumstances.

For a first-time misdemeanor DUI under Vehicle Code section 23152, the penalties can include:

• Probation: Typically, three to five years of informal misdemeanor probation.
• Fines: Ranging from approximately $390 to $1,000, which, with penalty assessments, can total between $1,500 and $2,000 or more, depending on the county.
• DUI School: Mandatory enrollment in a DUI education program, which can range from three to nine months.
• Driver's License Suspension: A six-month driver's license suspension. However, in many cases, individuals may be eligible for a restricted license or the ability to drive immediately with the installation of an ignition interlock device (IID).
• Jail Time: Up to six months in county jail, although in many first-time cases, jail time may be avoided or served as work release, depending on the county and specific circumstances.
• Ignition Interlock Device (IID): The Installation of an IID for six months may be required, particularly in certain counties or if the individual wants to obtain a restricted license.
• Victim Impact Panel: Attendance at a victim impact panel may also be mandated.

• A second DUI conviction within ten years can result in up to one year in county jail (with a minimum of 96 hours), longer DUI school (typically 18 months), increased fines, and a two-year driver's license suspension (though a restricted license may be possible after 12 months with an IID).
• A third DUI conviction within ten years can lead to up to one year in county jail or 16 months in stateprison under certain aggravating factors (with a minimum of 120 hours), a 30-month DUI school program, higher fines, and a three-year driver's license suspension.
• A fourth or subsequent DUI conviction within ten years is typically charged as a felony, carrying potential penalties of 16 months to four years in state prison, a 30-month DUI school program, substantialfines, and a four-year driver's license suspension (with limited options for a restricted license).

If a DUI offense results in injury to another person, as defined under Vehicle Code section 23153, the penalties are more severe. A first offense under this section is often charged as a misdemeanor but can be a felony depending on the severity of the injuries and prior record. Misdemeanor DUI with injury can result in five days to one year in county jail, fines ranging from $390 to $5,000, a 3-, 18-, or30-month alcohol program, and a one to three-year driver's license restriction. Felony DUI with injury can lead to multiple years in state prison.

Several sentencingenhancements can further increase the penalties for a DUI conviction. These include:

• High Blood Alcohol Content (BAC): If the BAC is 0.15% or higher, additional jail time may be imposed.
• Refusal to Submit to Chemical Testing: Refusing to take a blood or breath test can lead to a longer driver's license suspension and increased jail time.
• Driving with a Minor Under 14: If a minor under 14 years old is in the vehicle during the DUI offense, mandatory additional jail time is added (48 hours for a first offense, 10 days for a second, 30 days for a third, and 90 days for a fourth or subsequent offense).
• Excessive Speeding and Reckless Driving: Driving 20 miles per hour or more over the speed limit on a surface street or 30 miles per hour over the limit on a highway while also driving recklessly can result in an enhanced sentence.
• Prior DUI Convictions: As mentioned earlier, prior DUI convictions within a ten-year "lookback" period significantly increase the penalties for subsequent offenses.

Another significant trend in DUI sentencing is the increased use of Ignition Interlock Devices (IIDs). Initially mandated primarily for repeat offenders, California law now allows courts to order IIDs for first-time DUI offenders under certain circumstances, and they are often a requirement for obtaining a restricted license after a DUI suspension. An IID requires the driver to blow into a breath-testing device before the vehicle will start, preventing operation if alcohol is detected.

Understanding these sentencing components and potential enhancements is critical for anyone facing a DUI charge in California. Contacting a knowledgeable criminal defense attorney can help you evaluate the specific circumstances of the case, explain the potential penalties, and explore all available defense strategies and sentencing alternatives, such as probation, house arrest, or community service, where applicable.