San Diego Criminal Defense Lawyer
California Law: DUI Charges
Under California law (California Vehicle Code 23152(a)), it is a crime to operate a motor vehicle while under the influence.
For most drivers, the maximum allowable blood alcohol concentration (BAC) is 0.08 percent.
That being said, the state’s DUI laws are more complicated than that.
There are circumstances in which a defendant could be charged with a DUI even if their BAC is below 0.08.
Specifically, you should know the following key things about intoxicated driving laws in California:
- A driver under the age of 21 may not operate a vehicle if their BAC level is higher than 0.01 percent;
- A driver under the age of 18 may not operate a vehicle if they have any alcohol within their system; and
- Commercial drivers can be charged with a DUI if their BAC level is at or above 0.04 percent.
It should also be noted that you can be charged with a DUI for drugged driving.
Drugged driving charges are especially complicated, as there is not an accepted test to assess the motorist’s level of ‘impairment’.
penalties for a dui in california
The penalties for drunk driving in California vary based on several different important factors
First and foremost, the most important factor is the driver’s history of prior DUI convictions or lack thereof.
A first time DUI offense in California is punishable by up to a $1,000 fine, a six-month prison term, and a lengthy license suspension.
The defendant may also be ordered to complete a DUI training school or to install an interlock ignition device on their personal vehicle.
For every subsequent offense, the penalties will only become more severe. Notably, for a fourth DUI offense (or more), the crime will be charged as a felony.
To be clear, a defendant’s personal driving history is not the only relevant factor that will be looked at when determining penalties for a DUI.
There are other factors that could potentially result in a defendant facing heightened punishment — potentially even felony charges. Specifically, California DUI charges can be ‘upgraded’ if:
- The defendant was ‘highly intoxicated’ (BAC of 0.15 or greater);
- The defendant was going 20 miles per hour over the speed limit or otherwise driving recklessly;
- There was a child present in the car at the time of the DUI stop;
- The defendant was involved in an accident; or
- The defendant caused bodily injury to another party.