You risk committing a driving offense, intentionally or unintentionally, every time you drive. Driving crimes vary in severity and consequences. Prosecutors charge some as mere infractions and others as misdemeanors and felonies. An infraction is only punishable by a court fine, but a felony can result in lengthy prison time and a hefty court fine. If you face charges for a driving offense in Riverside, it is crucial to understand what your charges entail, the possible penalties if convicted, and your defense options. Our skilled criminal defense attorneys at Riverside Criminal Attorney can help you with that. With our extensive experience in handling all driving crimes, we can use the best defense strategies to obtain a favorable outcome for your case.

Here are some of the most common driving offenses under the law:

Driving While Under Alcohol or Drug Influence

You commit DUI when you operate a vehicle under the influence of alcohol or drugs. DUI is generally a misdemeanor offense, but the DA can charge it as a felony under specific circumstances. For example, if you cause an accident while operating a vehicle under the influence, someone loses their life or sustains an injury. Felony DUI charges could also suffice if you are arrested for DUI and have three prior DUI convictions within ten years.

DUI is priorable. It means that the severity of your charges increases with the number of prior DUI convictions on your criminal record. A second DUI within ten years of the first will attract more severe penalties, even though it is still a misdemeanor. Understanding how DUI cases are handled and your options to prepare for trial after your arrest is necessary.

DUI arrests occur after a DUI investigation. If the police suspect you are driving while intoxicated, they will place you under arrest. Once arrested, you will undergo a chemical test to determine your blood-alcohol concentration level. An ordinary driver must not drive with a BAC of .08% or higher. If your BAC exceeds the allowed limit, you will face charges for driving while under the influence.

Different drivers have a legal BAC limit they must stay within. Commercial drivers and drivers carrying passengers for hire have a legal limit of .04%. The zero-tolerance law also prohibits underage drivers (below 21) from operating vehicles with alcohol in their system.

Here are the likely penalties if you are convicted of driving while under the influence:

First-Offense DUI

A first-offense DUI is a misdemeanor, punishable by the following:

  • Three to five years of misdemeanor probation.
  • Six months in jail.
  • Mandatory attendance at a court-ordered alcohol or drug school for three to nine months.
  • Court fines range from $390 to $1,000.
  • Possible suspension of your driver’s license for six months.

Note: The judge can sentence you to probation or jail time. If you are sentenced to probation, you will not serve any of your sentence behind bars.

Also, you can request a DMV hearing within ten days of your arrest to fight your driver’s license suspension. If you win the DMV hearing, you could keep driving but could be required to install an IID system in your vehicle.

Second-Offense DUI

A second-offense DUI is also a misdemeanor. It occurs if you have a prior DUI conviction within ten years of your second arrest. If the judge finds you guilty of a second-offense DUI, you could face these penalties:

  • A maximum of one year in jail, or
  • Misdemeanor probation for up to five years.
  • Court fines range from $390 to $1,000.
  • Eighteen to thirty months in a court-ordered DUI school.
  • Mandatory installation of an IID system for a year.
  • Possible driver’s license suspension of two years.

Third-Offense DUI

Charges for a third-offense DUI will occur if you have had two prior DUI convictions on your record in the past ten years. It is also a misdemeanor, punishable by the following:

  • 120 days to one year in jail, or
  • Misdemeanor probation for three to five years.
  • A maximum of $1,000 in court fines.
  • A mandatory requirement to install an IID system in your vehicle for three years.
  • Possible suspension of your license for three years, which you can convert to a restricted license after eighteen months of suspension.
  • Receiving a designation of a habitual offender by the DMV.

Felony DUI

If you are arrested for DUI for the fourth time within ten years, you will face felony charges. The prosecutor will also file felony charges if your DUI offense results in an injury. Felony DUI convictions are punishable by the following:

  • Sixteen months, two or three years in prison.
  • A court fine of up to $1,000.
  • A mandatory requirement to install an IID system in your vehicle for one year.
  • Being designated a habitual traffic offender by the DMV.

If you face felony DUI charges for causing an accident while drunk or drugged and someone else loses their life, your penalties will be steeper and could include:

  • A maximum of ten years in prison plus an additional sentence depending on how many people were injured or killed in the accident.
  • A maximum court fine of $5,000.
  • You will have a strike conviction under the Three-Strikes law.
  • A requirement to complete a court-ordered DUI school for 30 months.
  • A designation of a habitual traffic offender for three years.
  • Mandatory requirement to install an IID system in your vehicle for three years.
  • A requirement to pay restitution to the victims of your crime.

Vehicular Manslaughter

According to PC 192, vehicular manslaughter happens when you drive negligently or unlawfully, causing an accident in which someone is killed. The gravity of your charges will depend on whether you were intoxicated, the degree of your negligence, and your criminal history. Note that you only commit this offense while operating a vehicle. The crime is also a form of negligent homicide.

Under this statute, you can face the following charges:

Vehicular Manslaughter With Gross Negligence

You can be guilty under PC 192(c)(1) if the prosecutor proves the following elements beyond a reasonable doubt:

  • You were driving a vehicle when you committed a crime or a legal deed in a manner that could cause death.
  • Your actions were dangerous and a risk to human life.
  • Your actions caused the death of another person.
  • You acted with gross negligence.

To be guilty under this statute, you must have committed an offense that is not a felony or a lawful act that can cause someone else’s death. For example, talking on the phone while driving is an infraction. If it causes you to lose control of the vehicle and cause an accident in which someone is killed, you will be guilty under this statute.

If your actions constitute a felony offense, the prosecutor will file murder charges instead.

Gross negligence goes beyond ordinary inattentiveness, carelessness, and error in judgment.

Misdemeanor Vehicular Manslaughter

You could face a conviction under PC 192(c)(2) if the DA can prove the following elements:

  • You were driving a vehicle when you committed a crime, or misdemeanor, legal act in an illegal manner.
  • Your actions were a danger to human life.
  • You acted in ordinary negligence.
  • Your actions caused another person’s death.

Vehicular Manslaughter for Monetary Gain

You can face a conviction under PC 192(c)(3) if the following elements are true:

  • You knowingly caused or involved yourself in an accident while driving.
  • You did so knowing that the reason for that accident was to file a fake insurance claim for monetary gain.
  • You intended to defraud an insurance provider or another party.
  • The accident you caused or were involved in resulted in someone else’s death.

 A misdemeanor conviction for vehicular manslaughter is punishable by:

  • Misdemeanor probation.
  • One-year jail sentence.
  • A maximum of $1,000 in court fines.

A felony conviction is punishable by:

  • Felony probation.
  • A maximum of ten years in prison.
  • A court fine of $10,000.
  • Suspension of your driver’s license for three years.

Driving on a Suspended Driver’s License

VC 14601.1(a) prohibits continuing to drive after the DMV has suspended or revoked your driver’s license. This statute is a misdemeanor, punishable by six months in jail and a court fine of $1,000. The law requires you to wait until the end of your license suspension to apply for license reinstatement.

If the police arrest you for driving even after your license is suspended, the prosecutor must prove the following elements for the court to find you guilty:

  • You were driving a vehicle on a suspended license when the police arrested you.
  • You knew or should have reasonably known that the DMV had suspended your license.

There are several reasons why the DMV would suspend your driver’s license, including after a DUI arrest. Once the department suspends your license, they must notify you through your mailing address. You must update your mailing address every time it changes to ensure you receive every notification the DMV sends. The prosecutor will successfully prove that you received the suspension notification if the following statements are factual:

  • There is evidence that DMV mailed the suspension notification to your mailing address.
  • They sent the mail to your most recent address.
  • The mail was not returned to the department as unclaimed or undelivered.

If the court finds you guilty of driving on a suspended driver’s license, the judge could sentence you to:

  • Three years of misdemeanor probation.
  • Six months in jail.
  • $1,000 in court fines.

Note that the penalties you receive after conviction will depend on the reason for your driver’s license suspension.

Driving Without a License

If the police arrest you for operating a vehicle without a legal driver’s license, you could face charges under VC 12500(a). The offense is a wobbler, meaning the DA can file misdemeanor or infraction charges against you. Your actual charge will depend on the facts of your case and your criminal history. People that face charges under this statute are those that:

  • Do not renew their driver’s license after expiration.
  • Never apply for a driver’s license after learning how to drive.
  • Fail to apply for a California driver’s license after ten days of being a resident.

The prosecutor must prove the following elements for the court to find you guilty under this law:

  • You were driving on a highway or street when the police arrested you.
  • You did not have a valid driver’s license with you, or
  • You were required to obtain a valid driver’s license.

Note: A valid driver’s license does not necessarily have to be state issued. Your license is considered valid if:

  • It is a current license from another state.
  • It allows you to operate the kind of vehicle you were driving during the arrest.
  • You are not required to obtain a state DL, as is the case once you become a California resident.

If the judge sentences you to an infraction, you will pay a court fine of $250. But if you are guilty of a misdemeanor, you could receive these penalties:

  • A maximum of three years on misdemeanor probation, or
  • Six months in jail.
  • A court fine of $1,000.
  • 30-day impoundment on your vehicle if you have a prior conviction for the same or another driving offense.

Hit and Run

You commit a hit-and-run offense if you fail to stop after being in a car accident. The law requires you to stop at an accident scene or the nearest possible location, even if you are not the one who caused the accident or were not injured. Once you stop at the accident scene, you must help the wounded and exchange your driver’s and insurance information with the other parties involved.

VC 20002 prohibits fleeing an accident scene that results in property damage. If you are in an accident that causes property damage, you must stop and leave your contact information for the property owner. Where you stop must not impede traffic or compromise the safety of other road users. Once you stop, you must look for and notify the property owner or the person in charge of the damaged property. Give them your name and address.

If the property owner is not close to the accident scene, you must write your name, address, and contact information on paper and leave it on the damaged property. That requirement applies regardless of the nature and cause of the accident. If you violate this statute, you will be guilty of a misdemeanor.

VC 20001 requires you to stop and help at an accident scene that has resulted in physical injury and/or death. You must assist the injured through first aid, calling an ambulance or the police. That duty applies even if the injured person was a passenger in your vehicle. If you violate this statute, you will be guilty of a felony.

A misdemeanor hit-and-run conviction is punishable by:

  • $1,000 in court fines.
  • A six-month jail sentence, or
  • Three years on misdemeanor probation.
  • Paying restitution to the victim.

A felony hit-and-run conviction could carry these penalties:

  • A maximum of $10,000 in court fines.
  • A maximum of four years in prison.

Evading a Police Officer On a Vehicle

If you willfully flee from a police officer when the officer is pursuing you on a bike or car, you could face charges under VC 2800.1. The prosecutor must prove the following elements for the court to find you guilty:

  • A police officer was pursuing you in a marked bike or vehicle.
  • You were driving a vehicle at the time.
  • You willfully fled, eluded, or evaded the officer.
  • The police vehicle has a visibly lit red lamp on its front, or
  • You saw the lamp or should have reasonably seen the lamp, or
  • The officer’s vehicle was sounding a siren, or
  • The officer’s vehicle was distinctively marked, or
  • The officer was wearing a distinctive police uniform.

You willfully commit a crime if your actions are deliberate or purposeful. But it does not mean that you intend to break the law, hurt the officer, or gain an advantage over the officer.

Evading a police officer is a misdemeanor offense, punishable by one year in jail and a court fine of $1,000.

Reckless Driving

If you drive a vehicle with a wanton disregard for human or property safety, you could face reckless driving charges under VC 23103. A wanton disregard for human or property safety occurs when:

  • You know that your actions present a substantial and unjustifiable risk of injury or destruction.
  • But you intentionally ignore that risk.

Prosecutors charge reckless driving as a misdemeanor or felony, depending on the extent and seriousness of the resulting injuries and property damage. If only the careless driver sustains injuries, they can face 90 days in jail and $1,000 in court fines.

If you are guilty of a misdemeanor first offense for reckless driving, the judge could sentence you to misdemeanor probation and no jail time. But if your reckless actions cause another person to sustain a minor injury, you could receive a one-year jail sentence and a court fine of up to $1,000.

The DA can file felony charges for reckless driving if a third party sustains serious injuries or dies due to your careless actions. A felony conviction is punishable by a maximum of three years in prison and a court fine of $10,000.

Fighting Driving Crimes Charges

All driving offenses carry severe penalties and other life-altering consequences that could impact various aspects of your life for years after the conviction. But you can fight your charges for a dismissal or reduction during the trial. That could be possible if you hire an aggressive criminal defense attorney to represent you in court. Your attorney can use one or a few of the legal defense strategies allowed by law to obtain a favorable outcome for your case. Here are some of the best strategies that could help your situation:

Yours Was a Crime of Necessity

Your attorney can use this defense if circumstances force you to commit the offense. For example, if you were involved in an accident and had to flee the scene because you were rushing to an emergency room. A skilled attorney will know best how to convince the court that you had a good reason to commit the offense, even though you are guilty of the driving violation. If the court accepts your defense, the judge will dismiss your charges.

The Victim Did Not Suffer a Serious Injury

Your attorney can use this defense strategy in cases where the seriousness of the resulting injuries determines the gravity and consequences of your actions. The judge can reduce your charge and possible penalties if the third party only sustained a minor injury.

You Are a Victim of an Illegal Arrest

An experienced attorney can use the details of your arrest to compel the judge to throw out some of the evidence against you. For example, they can cite an illegal arrest if the arresting officer did not have probable cause to arrest you in the first place. Remember that officers need a valid reason to stop and investigate a motorist for driving crimes like DUI. If the officer randomly stopped you and arrested you for DUI, the judge can dismiss your case if they do not have probable cause.

You Were Unaware of the Existing Condition

Knowledge is a vital element in most of these offenses. For example, if you are caught driving on a suspended or invalid license, your attorney can argue that you lacked knowledge that your driver’s license was suspended or invalid. Your attorney can also provide proof to compel the judge to dismiss your charges.

Find an Experienced Criminal Defense Attorney Near Me

Do you or someone you love face charges for a driving offense in Riverside?

A conviction for a driving crime will likely result in lengthy prison or jail time, payment of a hefty court fine, license suspension, and other life-altering consequences. But you can change the outcome of your case if you engage the help and support of a skilled criminal lawyer. Our team at Riverside Criminal Attorney has extensive experience handling driving offenses. We use the best defense tactics to fight our client’s charges and ensure they are satisfied with their case’s outcome. Call us at 951-877-4204 to discuss more about our services and your options.