What Is DUI in California?
There are actually two different DUI offenses for alcohol under California law. The first, known as “per se” DUI, relates to your BAC at the time you are behind the wheel of an automobile on a California roadway. But California law also bars driving a vehicle while under the influence of an alcoholic beverage.
If you are charged with a DUI in Sonoma County, it makes no difference which of the two theories the prosecutor pursues against you. If the court finds you guilty under either theory, the potential penalties are the same.
Per Se DUI
The most common route a prosecutor will take to convict you of DUI is by proving your BAC was above the legal limit at the time you were driving. Under California law, a BAC at or above .08 is enough to warrant a conviction for DUI.
Intoxication DUI
According to California Vehicle Code 23152 (a):
It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
The sentence is broad by design, and intended to cover any driver who could be a risk behind the wheel due to intoxication even though their BAC is not above the legal limit. In order for the prosecutor to convict you, he or she must prove that you were driving a vehicle on a public road at a time that you were influenced by alcohol.
Understanding the Consequences of a DUI Conviction
Navigating the legal landscape of DUI charges can be daunting, especially when it comes to understanding the potential consequences of a conviction. Having a clear grasp of what’s at stake can help you make informed decisions during this challenging time. In California, the penalties for DUI offenses are serious and can impact various aspects of your life.
Some of the potential consequences of a DUI conviction include:
- Fines and Penalties: Depending on the severity of the offense, fines can range significantly, with additional costs for court assessments and penalties.
- License Suspension: Typically, a DUI conviction leads to a driver’s license suspension, which can disrupt your daily activities and employment.
- Increased Insurance Rates: A DUI can cause your car insurance premiums to rise, or even prevent you from obtaining coverage altogether.
- Mandatory Alcohol Education Programs: Courts often require participation in alcohol education or treatment programs, which can require commitment and reduce personal time.
- Impact on Employment: Certain professions may be particularly affected by DUI convictions, potentially limiting your job opportunities.
At Wilber Law Offices, P.C., we understand that facing a DUI charge can be overwhelming, but our experienced team is here to guide you every step of the way. We are committed to ensuring you understand your rights and the implications of a DUI conviction, empowering you to make choices that pave the way for a better future.
Don’t hesitate—contact us today to discuss your case and learn how we can help protect your rights.
Does the Car Have to Be Moving For It To Be a DUI?
In California, there must be at least “slight movement” of the vehicle you are operating to meet the standard of driving under the DUI statute. If you are in a parked car that has not moved, you are technically not in violation of the statute. But even if law enforcement doesn’t witness you driving, the state can use circumstantial evidence to prove that you drove the vehicle.
Obviously, proof that you were driving alone is not enough for a conviction. The prosecutor must also show that you were under the influence of alcohol when you operated the vehicle. According to the California Model Jury Instructions, “under the influence” is:
A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage, his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same conditions.
What are the Penalties for a Second DUI in California?
For a second-offense DUI conviction, you face a minimum of 96 hours in jail. The maximum sentence for a second conviction is up to one year in jail. In some cases, the court may agree to allow you to serve your sentence under house arrest. The conviction also carries a maximum penalty of up to $1,000 plus over double that amount in county court fees, as well as a two-year suspension of your driving privileges.
Common Defenses For a DUI
If you were arrested for your second DUI, you still have the opportunity to fight the charge against you. With the right California DUI lawyer, you may be able to leverage a strong defense into an acquittal. The experienced DUI defense attorneys at the Wilber Law Offices, P.C. rely on a number of defenses when advocating for their clients. Some of the most common defenses include:
- Challenges to the Stop – Law enforcement can’t simply pull over every car that passes by. The police must have a reasonable suspicion that you violated a law or traffic code in over to stop your car. Without reasonable suspicion, your traffic stop was illegal and any evidence collected during the stop could be excluded from your trial.
- Challenges to the Test – When the police test your blood or breathe for alcohol, they must follow certain protocol. If they fail to do so, the results of the test could be excluded from your trial.
- Actual Innocence – Law enforcement make mistakes every day. It is possible that the police could have mistakenly identified you as the driver of the vehicle. It is also possible to avoid a conviction by showing the vehicle you were in was never driven.
What Are My Rights During an Arrest?
Understanding your rights is crucial if you are arrested for a second DUI offense. Law enforcement must follow strict legal procedures, and violating your rights can be a powerful defense in your case.
During a DUI arrest, you have the right to:
- Remain silent: You are not required to answer incriminating questions. Anything you say can be used against you.
- Refuse field sobriety tests: You are not legally obligated to perform field sobriety exercises on the side of the road.
- Request an attorney: You have the right to consult with a lawyer before answering questions once you are in custody.
- Be free from unlawful searches and seizures: The police need to have probable cause or your consent to search your vehicle.
- Be treated fairly: You can be free from excessive force and misconduct during your arrest.
It is important to note that California’s implied consent law requires you to submit to a chemical test (breath or blood) after a lawful arrest for DUI. Refusing this test can result in automatic license suspension and enhanced penalties, even if you are not convicted of DUI.
