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Understanding DUI in California: What You Need to Know
Have you or someone you love been charged with driving under the influence (DUI)? Do you understand what constitutes an impaired driver, and how much you can drink before you are considered drunk? Driving under the influence is one of the most commonly charged criminal offenses in the State of California. California Vehicle Code Section 23152 VC makes it illegal to drive under the influence of drugs or alcohol or any combination of the two.
It’s natural to have questions if you’re facing DUI charges. In this article, we’ll answer your questions and provide a straightforward guide to understanding California DUI laws.
What is Considered Impaired Driving?
California law enforcement officials and prosecutors are always on the lookout for impaired drivers, and with good reason. Impaired driving is a leading cause of accidents and fatalities on California’s highways. If you’ve consumed alcohol, it does not necessarily mean you are impaired. There are no laws in California that prohibit you from operating a motor vehicle after consuming alcohol. However, you should be aware that the threshold for legal impairment is a blood alcohol content (BAC) of 0.08 percent.
It’s important to note that this is not a substantial amount of alcohol. You may feel perfectly fine and able to function normally, but you could still be over the legal threshold. California Vehicle Code Section 23152 (b) states that anyone having a BAC of 0.08 percent or higher can be charged with a DUI.
It’s not just alcohol that can impair driving ability. Drugs – including prescription medications like Vicodin and Xanax – can also impair judgment and be considered criminal. Some over-the-counter medications, like sleep aids or cough syrups containing codeine, can lead to impaired judgment too.
Even conditions that prevent you from getting a good night’s sleep can lead to impaired driving. For example, drowsiness can affect your judgment. While drowsy driving won’t usually lead to criminal charges, if you cause an accident, you can be sued for damages.
Understanding BAC
Blood alcohol content (BAC) is the ratio of alcohol to blood volume as measured by a breathalyzer, blood, or urine test. The BAC threshold is 0.08 percent. However, California law enforcement can also charge someone with a BAC below the legal limit under California Vehicle Code Section 23152 (a) VC. In these cases, the prosecution must prove beyond a reasonable doubt that the defendant was using alcohol when they were pulled over.
Anyone under the age of 21 who is on DUI probation cannot drive with any alcohol in their system. They can be cited and arrested if their BAC is 0.01 percent or higher.
Consequences of a DUI Conviction
If you’re convicted of a DUI in California, you can face criminal penalties as well as a driver’s license suspension. A first-time conviction of a DUI misdemeanor can result in:
– Three to five years of probation
– Up to one year in county jail
– $390 to $1,000 in fines
– A six-month suspension of your driver’s license
– Completion of a court-approved alcohol education program
Second and subsequent DUI convictions carry steeper penalties. If you’re facing DUI charges, the stakes are high, and you need a top Los Angeles DUI attorney with a successful track record to help you build your defense.
Why You Need an Attorney
A DUI charge is a serious criminal offense that can impact your life in many ways. A DUI conviction can affect your ability to find and retain employment, attend school, and live your life as you see fit. With so much at stake, you need a Los Angeles DUI attorney fighting on your side.
At Todd Spodek Law Group, we have years of experience representing clients facing DUI charges in California. Our experienced attorneys can help you navigate the criminal justice system, understand the charges levied against you, and build a legal defense designed to protect your rights, your freedom, and your future.
Don’t Wait – Contact Us Today
If you or a loved one has been arrested or charged with a DUI, it’s essential to take action quickly. You only have a few days to request an administrative hearing regarding your driving privileges. Call us today to schedule a consultation and find out how we can help you fight your DUI charges. Remember, time is of the essence, so don’t wait – contact Todd Spodek Law Group today.
Table: DUI Penalties in California
| Penalty | 1st Offense | 2nd Offense | 3rd Offense or Greater |
|——————|—————————|—————————|—————————|
| Jail Time | Up to 6 months | Up to 1 year | 4 months to 1 year |
| Fines | $390 to $1000 | $390 to $1000 | $390 to $1000 |
| License Suspensio | 6 months to 1 year | 2 years | 3 years |
| DUI School | 3 months to 9 months | 18 to 30 months | 30 months |
Understanding DUI in California: What You Need to Know
California law enforcement officials and prosecutors are always on the lookout for impaired drivers, and with good reason. Impaired driving is a leading cause of accidents and fatalities on California’s highways.
If you’ve consumed alcohol, it does not necessarily mean you are impaired. There are no laws in California that prohibit you from operating a motor vehicle after consuming alcohol. However, you should be aware that the threshold for legal impairment is a blood alcohol content (BAC) of 0.08 percent.
Blood alcohol content (BAC) is the ratio of alcohol to blood volume as measured by a breathalyzer, blood, or urine test. The BAC threshold is 0.08 percent. However, California law enforcement can also charge someone with a BAC below the legal limit under California Vehicle Code Section 23152 (a) VC. In these cases, the prosecution must prove beyond a reasonable doubt that the defendant was using alcohol when they were pulled over. Anyone under the age of 21 who is on DUI probation cannot drive with any alcohol in their system. They can be cited and arrested if their BAC is 0.01 percent or higher.
If you’re convicted of a DUI in California, you can face criminal penalties as well as a driver’s license suspension. A first-time conviction of a DUI misdemeanor can result in:
| Penalty | 1st Offense | 2nd Offense | 3rd Offense or Greater |
|---|---|---|---|
| Jail Time | Up to 6 months | Up to 1 year | 4 months to 1 year |
| Fines | $390 to $1000 | $390 to $1000 | $390 to $1000 |
| License Suspension | 6 months to 1 year | 2 years | 3 years |
| DUI School | 3 months to 9 months | 18 to 30 months | 30 months |
Second and subsequent DUI convictions carry steeper penalties. If you’re facing DUI charges, the stakes are high, and you need a top Los Angeles DUI attorney with a successful track record to help you build your defense.
A DUI charge is a serious criminal offense that can impact your life in many ways. A DUI conviction can affect your ability to find and retain employment, attend school, and live your life as you see fit. With so much at stake, you need a Los Angeles DUI attorney fighting on your side.
At Todd Spodek Law Group, we have years of experience representing clients facing DUI charges in California. Our experienced attorneys can help you navigate the criminal justice system, understand the charges levied against you, and build a legal defense designed to protect your rights, your freedom, and your future.
If you or a loved one has been arrested or charged with a DUI, it’s essential to take action quickly. You only have a few days to request an administrative hearing regarding your driving privileges. Call us today to schedule a consultation and find out how we can help you fight your DUI charges.
Remember, time is of the essence, so don’t wait – contact Todd Spodek Law Group today.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS