If you are under arrest or charged with a driving under the influence (DUI) offense, do not make the mistake of pleading guilty to the allegations. Aside from the possibility of serving time behind bars, a DUI conviction has other far-reaching collateral consequences that can affect your future finances, employment, education, housing, and freedom.
Although DUI is typically a misdemeanor, your case could be a felony under certain circumstances, meaning harsher consequences. Whether you are under arrest for a first-time DUI or subsequent DUI offense, you do not have to face the allegations and the complex legal justice system alone.
At Riverside Criminal Attorney, we provide top-notch legal representation to clients faced with DUI charges, and we can help you challenge the alleged charge for the best possible verdict. No matter how challenging your DUI case seems, we will stop at nothing until we obtain the most favorable outcome with little or no impact on your life.
Various DUI Offenses Punishable Under Vehicle Code (VC) 23152
DUI is the offense you commit when you drive or operate a vehicle under the influence of drugs, alcohol, or a combination of both. Being under the influence typically means your physical and mental capacity to operate a vehicle cautiously, like a sober driver, is impaired, and you are likely to cause an accident, injuring yourself and other road users.
You violate DUI laws under Vehicle Code (VC) 23152 when you drive under the influence of alcohol or drugs. If you are under investigation or in police custody on suspicion that you were driving under the influence, the prosecutor could pursue any of the following DUI charges against you:
Per Se DUI
VC 23152(b) makes it automatically illegal to drive with a blood alcohol concentration (BAC) level of 0.08% or higher, even if you are not impaired or can drive cautiously. You will be guilty of this offense if the prosecution team can prove you:
- You were driving at the time of the arrest.
- Your BAC level was at 0.08% or above at the time of the arrest.
Drunk Driving
According to VC 23152(a), it is a crime to drive under the influence of any alcoholic beverage. Even if your BAC level is below the lawful limit of 0.08%, the police will arrest you on suspicion that you were drunk driving if you do not have the physical and mental capability to drive like a cautious, sober driver.
To secure a conviction against you for a VC 23152(b) violation, the prosecutor must prove the following two facts:
- You were driving at the time of the arrest.
- You were under the influence of alcohol.
Driving While Addicted to Drugs
Although many are aware that impaired driving is illegal, a significant number fail to understand that it is also illegal to drive while addicted to drugs under VC 23152(c). According to this statute, you are addicted to a certain drug if:
- You could experience withdrawal symptoms when you stop taking the drug because you are physically and psychologically dependent on it.
- You have developed a tolerance level for the drug, meaning you require large amounts of it to feel high or "stoned".
The prosecutor could file a VC 23152(c) charge against you even if you were not experiencing withdrawals at the time of the arrest and had a lawful prescription to use the drug. The court will expect the prosecution team to prove the following to obtain a conviction against you under this statute:
- You were driving at the time of the arrest.
- You have an addiction to a certain controlled or illegal drug substance.
Commercial Vehicle DUI
If you are a commercial driver's license (DL) holder, you must abide by strict regulations for your job. One of these conditions is staying alcohol-free when driving for maximum caution and attention on the road to avoid foreseeable accidents. According to VC 23152(d), It is a crime for any commercial vehicle driver to drive with a BAC level of 0.04% or above.
Elements of the crime that the prosecutor must prove at trial to secure a conviction against you for a VC 23152(d) violation include:
- You were driving at the time of the arrest.
- You have a commercial driver's license.
- Your BAC level was 0.04% or above.
Driving Under the Influence of Drugs (DUID)
According to VC 23152(f), driving under the influence of drugs is an offense, regardless of whether the drugs are legal or prescription medications like codeine and Vicodin. Like alcohol, drugs can impair a driver's mental and physical ability to drive a vehicle as keenly as a sober driver would in the same situation. To secure a DUID conviction against you, the prosecutor should prove that:
- You were driving at the time of the arrest.
- You were under the influence or impaired by illegal or prescription drugs at the time of the arrest.
DUI by Uber, Limo, or Taxi Drivers
VC 23152(e) defines the crime of DUI by Uber, limo, taxi, or ride-sharing drivers and the penalties you could face upon conviction. According to this law, it is illegal for these motorists to drive with a BAC level of 0.04% or above while having a passenger onboard. You will be guilty of a VC 23152(a) violation if the prosecutor can prove that:
- You were driving a ride-sharing vehicle.
- The vehicle had a passenger for hire onboard.
- Your BAC level at the time of the arrest was 0.04% or higher.
Driving Under the Combined Influence of Drugs and Alcohol
You violate VC 23152(g) when you operate a vehicle under the combined influence of drugs (illegal or prescription) and any alcoholic beverage. However, you will be guilty of a VC 23152(g) violation if the prosecutor can prove the following facts to the court:
- You were driving at the time of the arrest.
- You were under the combined influence of drugs and alcoholic beverage.
Depending on your unique case facts and particulars, the prosecutor could file any of the above DUI offenses against you upon an arrest on suspicion that you were driving under the influence. However, in most cases, the prosecutor will pursue DUI charges against you under either VC 23152(a) or VC 23152(b), or both, if you are in trouble with the law on suspicion that you were driving under the influence.
The DMV Administrative Hearing After an Arrest on Suspicion That You Were Impaired Driving
Upon an arrest on suspicion that you were driving under the influence, the police will seize your driver's license (DL) and hand you a temporary pink DL valid for only thirty (30) days. After this period, the Department of Motor Vehicles (DMV) will suspend your DL automatically unless you request an administrative hearing no later than ten days after your arrest.
When you request the hearing, the DMV will not suspend your license pending the outcome of your DUI case at trial. Unlike a court trial, the DMV hearing will occur in an office before a hearing officer (a DMV employee). You have a right to an attorney during the hearing but at your own cost. The attorney you will hire can help you do the following:
- Review and challenge the arresting officer's evidence against you.
- Cross-examine eyewitnesses.
- Subpoena and summon eyewitnesses.
If your attorney's mitigating arguments work in your favor, the DMV hearing officer will "set aside the action," meaning you are "not guilty" and deserve to retain your driving privileges. However, when the DMV hearing officer finds the evidence against you is sufficient to prove you were driving under the influence, he/she will "sustain the action," meaning you will lose your driving privileges.
It is worth noting that the outcome of a DMV administrative hearing does not affect your criminal DUI case. Whether you win your DMV hearing or not, you should be ready to challenge the alleged DUI offense at every stage of the criminal justice system for the best attainable results.
What to Expect at Different Court Stages When Charged With a DUI Offense
If you have pending DUI charges, it would be in your best interest to educate yourself on what to expect at every stage of the legal justice system for the best attainable outcome. Here are three major court proceedings to expect when charged with a DUI offense:
Arraignment Hearing
Arraignment will be your first court hearing to attend upon an arrest on suspicion that you were impaired driving. During this hearing, the judge will:
- Read the allegations the prosecutor has filed against you.
- Inform of your constitutional rights, including the right to a public defender if you are indigent or cannot afford a personal attorney.
- Allow you to enter your plea of choice, including:
1. Guilty.
2. Not guilty.
3.No contest.
If you decide to enter a "guilty" or "no contest" plea, your DUI case will proceed to the sentencing hearing, where the judge will craft an appropriate and fair sentence for your offense. However, when you decide to enter a "not guilty" plea, the court will look into the issue of bail if you are still in the detention facility.
Bail is the money an arrestee or defendant pays to obtain a release from a detention facility upon an arrest as a suspect in a criminal case. However, not every defendant qualifies to post bail upon arrest to obtain his/her freedom before the alleged offense hearing. When determining your eligibility for a release on bail, the judge presiding over your DUI case will consider the following factors:
- Your employment status.
- Your criminal record.
- Your likelihood of returning to court to challenge the alleged DUI charge.
- The severity of your unique DUI case.
- Your behavior in court.
- Your community and family ties.
Pretrial Hearing
The pretrial stage of the court system lasts the longest and can take weeks or months, depending on the facts of your case. During the pretrial hearing, your attorney will thoroughly investigate your DUI case by doing everything from checking the maintenance and repair records of the BAC testing instruments to visiting the scene of your arrest.
If your defense attorney uncovers crucial evidence in the prosecutor's case against you, then there are high chances the judge could reduce or drop your DUI charges. Generally, the best way to achieve this is by:
i. Plea Bargaining
Plea bargaining is a negotiation between your defense attorney and the prosecutor to reach a favorable deal instead of taking the case to trial, which is time-consuming and costly. For instance, your attorney could negotiate with the prosecutor to file a lighter charge like dry reckless or wet reckless against you instead of the full-on DUI offense, which carries harsh consequences upon conviction.
ii. Filing Pretrial Motions
Your DUI attorney will also have the chance to file pretrial motions at this stage of the court process to obtain the best possible outcome. Common pretrial motions that your DUI attorney could file on your behalf include:
- Probable cause motion – This is a request to contest the legality of the arresting officer's reason to initiate your traffic stop and arrest you on suspicion that you were impaired driving.
- A "Pitchess" motion – This is a request to learn about the arresting officer's complaint history to discredit their testimony or report.
- A motion to suppress evidence – This is a request to the court to exclude any evidence against you that the arresting officers illegally obtained from your person or vehicle.
Trial Hearing
If your attorney fails to obtain a favorable result through a plea deal or any of the above pretrial motions, the judge will schedule your DUI case trial hearing. At trial, a judge or a team of jurors will listen to the prosecutor's DUI case against you and your attorney's defense arguments to determine whether to convict you.
To secure a DUI conviction against you, the prosecutor must convince all jurors or the judge beyond a reasonable doubt that the allegations you are up against are true. If not, the court will dismiss or reduce the alleged DUI offense to a less severe offense.
Your attorney's presence during this hearing is crucial to challenging the prosecutor's evidence against you for the best possible results. There are advantages and disadvantages to challenging the alleged DUI offense at trial, depending on the facts of your case. Your defense attorney will explain them to you and help you make a wise decision for the best possible results on the alleged offense.
Penalties for a DUI Conviction
A DUI conviction can attract severe penalties, depending on your criminal history and the facts of your unique case. Below are the standard legal penalties for a first-time DUI conviction:
- Up to five years of misdemeanor probation.
- Three to nine months of DUI school.
- Fines and penalty assessments amounting to up to $2,000.
- Six-month DL suspension.
- Detention in the county jail for up to six (6) months.
- Attend a victim impact panel.
- Pay restitution if you caused a collision or accident that led to injuries and property damage.
- Install an IID (ignition interlock device) on your car for up to six (6) months.
Aggravating Factors that Could Increase Your DUI Conviction Penalties
There are particular circumstances and facts that, if present at the time of your arrest on suspicion that you were driving under the influence, could harshen your sentence upon conviction at trial. These aggravating factors will increase your sentence for a DUI conviction, regardless of whether it is your first-time or subsequent DUI conviction. Below are the common aggravating factors in most DUI cases:
- Having a BAC level of 0.15% or above.
- Causing an accident.
- Refusing to take a chemical blood or urine test upon an arrest.
- Driving at excessive speeds.
- Being below twenty-one (21) years of age at the time of your arrest.
- Being with a child aged below fourteen (14) years at the time of your arrest.
- Having an open alcohol container in your vehicle.
The specific type of enhanced sentence the court will choose if any of the above-listed aggravating facts are present in your unique DUI case will depend on the following:
- Your criminal background, particularly your DUI conviction record.
- The circumstances that led to your DUI arrest.
Available Alternative Sentencing Options for a DUI Conviction
Instead of serving your sentence behind bars, your attorney could help you seek alternative, lenient sentencing options such as:
- Community service.
- House arrest and electronic monitoring.
- Cal-Trans roadside work.
- Stay in a sober-living home.
If your attorney does not specialize in DUI cases, chances are he/she will not know the above sentencing alternatives are available to avoid spending your sentence in jail. Ensure the attorney you choose to represent you in court is familiar with DUI cases to help you secure the best possible outcome.
The consequences of a DUI conviction extend beyond jail time and hefty fines. Aside from these standard legal penalties, a DUI conviction will also attract the following collateral consequences:
- Increased auto insurance rates.
- Challenges securing admission to university or college.
- Suspension of your professional license.
- Challenges securing reliable employment.
- Challenges securing an apartment to rent.
In some cases, a DUI conviction could attract negative immigration consequences like deportation if you had a child in your car or illegal drugs were involved. Retaining the services of a seasoned defense attorney to guide and represent you at the DMV hearing and every stage of the court process is a decision you cannot regret.
You can avoid the above detrimental consequences of a DUI conviction by obtaining an expungement of your DUI conviction record under Penal Code 1203.4. Your defense attorney will prepare the necessary papers to help convince the court that you are an excellent candidate for this post-conviction relief option.
How to Challenge a DUI Charge
An experienced DUI attorney can help navigate the above court procedures and build strong defenses to convince the judge or jurors to drop or reduce the alleged DUI charge. Below are defenses a reliable attorney can mount to challenge the allegations that you were driving under the influence:
The DUI Stop Was Unlawful
You will have a valid defense when a law enforcement officer points your vehicle to pull over without probable cause or reasonable suspicion or at a DUI checkpoint that does not meet the necessary legal requirements. If your defense attorney can provide clear evidence to support this defense argument, the court will reduce or drop your DUI charges.
Your BAC Results Were Inaccurate
Your BAC results could be inaccurate for many reasons. For instance, your BAC results could be inaccurate if the breathalyzer equipment used to determine your BAC level was faulty. Similarly, if the containers used to store your blood or urine sample for the chemical BAC test were unsterilized, it makes sense to argue that your BAC results are inaccurate.
There are Innocent Explanations for the Exhibited Signs of Intoxication
Although objective signs of intoxication like red eyes, slurred speech, and a flashed face could be reasons to believe you are under the influence, they could also be due to other innocent reasons, such as:
- Fatigue.
- Allergy.
- Illness.
- Nervousness.
The Arresting Officer Misled You During FSTs
When administering FSTs like a walk-and-turn test after stopping at a DUI checkpoint on suspicion that you were driving under the influence, the investigating officer should ensure you understand the instructions.
The court will likely dismiss or drop your DUI charges if your attorney proves that you received incorrect instructions for FSTs.
These are just a few defenses a seasoned DUI attorney could assert at trial to challenge allegations that you were driving under the influence. Your DUI attorney will evaluate the circumstances of your case and craft the most effective defenses to help you obtain a favorable outcome.
Find a Criminal Defense Attorney Near Me
At Riverside Criminal Attorney, we will leave no stone unturned when determining suitable defenses for your unique DUI case. We invite you to call us at 951-877-4204 to book your first cost-free appointment with our experienced DUI attorneys.
Our attorneys will increase your chances of escaping a DUI conviction or obtaining a lighter sentence for your offense.
