California Vehicle Code § 23152 (e) specifically addresses the criminal offense of driving under the influence (DUI) with a passenger for hire in a vehicle driven for commercial purposes. This section of the law is critically important for drivers who transport passengers, such as those working for limousine companies, taxi services, and ride-sharing companies like Uber and Lyft.
Drivers charged under this statute face severe penalties that can significantly affect their professional and personal lives. Our Los Angeles DUI lawyers defend clients accused of DUI offenses, so we understand the nuances and complexities of cases involving passengers for hire.
If you face charges, we can review your situation and explain how we can navigate them for you and achieve the best possible outcome. Call or contact us online today to explore your legal options during a free consultation.
Overview of CA Vehicle Code § 23152 (e) – DUI with a Passenger for Hire
Per California Vehicle Code § 23152 (e), it is unlawful for a driver to drive a motor vehicle while under the influence of alcohol or drugs while transporting a passenger in that vehicle. The blood alcohol content (BAC) limit for adult commercial drivers who are 21, the legal drinking age, and over is 0.04%. This is half the legal limit for non-commercial adults, which is 0.08%.
What Constitutes a Violation under CA Vehicle Code 23152 (e)?
California law aims to protect passengers who hire commercial drivers to transport them. It also enforces the responsibility these drivers have to keep their customers and clients safe. If law enforcement cites a passenger-for-hire driver violating CA Vehicle Code 23152 (e), the following must apply:
- The driver was operating a vehicle under the influence: The driver must be operating a vehicle while under the influence of alcohol or drugs. “Under the influence” means substance use has impaired the driver’s mental or physical abilities to the extent that they can no longer drive, as well as a cautious person who is sober under similar circumstances.
- A passenger for hire is present: At the time of being under the influence, the driver must have a passenger in the vehicle who is paying for transportation service. This includes passengers in taxis, limousines, and rideshare vehicles.
- The driver’s blood alcohol content (BAC) level meets or exceeds the legal limit for commercial drivers: The legal limit for drivers operating commercial vehicles is 0.04%, and if they exceed this, their BAC level will be higher. State law is strict about any BAC at or above the standard legal limit when a fare-paying passenger is aboard.
How Is BAC Measured?
A police officer or another law enforcement official can require drivers lawfully under arrest to take a DUI breath test, a DUI blood test, or a urine test to determine their level of intoxication. The test can take place within three hours of driving.
Drivers who refuse to take a breathalyzer test or decline another kind of DUI chemical test in California can face additional penalties for doing so, including license suspension or revocation. This is because all drivers in the state give implied consent to such testing when they accept a driver’s license and drive on public roads.
What Is the Difference Between Driving Under the Influence and Having a High BAC?
In California, driving under the influence (DUI) and having a high blood alcohol concentration (BAC) level are related but distinct concepts under the state’s DUI laws. To put it briefly, one relies on observations of a driver’s appearance and behavior, while the other uses data collected based on measurable blood alcohol content.
‘Driving Under the Influence’ Focuses on Signs of Impairment
When determining if someone is driving under the influence, the key thing law enforcement focuses on is impairment. To convict someone of DUI based on impairment, they must show that consuming alcohol or drugs has significantly reduced their ability to drive safely.
Motorists who drive erratically, have slowed reflexes, or exhibit coordination difficulties may lead police officers to think they have had too much to drink. Performance on DUI field sobriety tests (FSTs) and other evidence independent of the person’s BAC level can be used to assess someone’s impairment.
BAC Focuses Solely on Measured Blood Alcohol Content Alone
Generally, having a 0.08% BAC or greater falls under California’s per se DUI laws. As noted earlier, this level is 0.04% for commercial drivers. When a driver’s BAC hits a certain point, law enforcement considers them to be operating a motor vehicle under the influence as a matter of law. This is the case regardless of whether they actually exhibit signs of impairment.
Essentially, the BAC level alone is sufficient to charge and potentially convict someone of DUI. Understanding the differences between how the law determines DUI is crucial, as they affect how DUI cases are prosecuted and defended. Both types of DUI charges carry significant penalties and can have serious consequences on a person’s legal record and driving privileges.
Penalties for Violating DUI With a Passenger for Hire Laws in CA
The severity of the penalties you face depends largely on whether you have prior DUI convictions and if the prosecution charges the offense as a misdemeanor or a felony. Here’s a general outline of the typical penalties in these cases:
Misdemeanor Penalties for California Vehicle Code 23153 (e)
- County jail time: Up to one year in county jail.
- Fines: Fines of up to $5,000, plus substantial additional penalty assessments that can significantly increase the amount.
- Probation: Three to five years of summary probation.
- DUI school: Mandatory attendance at an approved DUI education program, depending on the court’s discretion and any prior DUI history.
- Driver’s license suspension: Your commercial license could be suspended for one to three years. It could be converted to a restricted license that allows you to drive to and from work in a non-commercial vehicle (e.g., a passenger car or motorcycle). You might be able to drive if an ignition interlock device (IID) is installed.
Felony Penalties for California Vehicle 23153 (e)
- Prison sentence: You can get up to four years for a felony DUI. If it is a felony DUI with injury, additional consecutive prison terms can be imposed if multiple people were hurt.
- Fines: These monetary penalties are similar to misdemeanor fines. They can go up to $5,000 and generally end up at the higher end, depending on the severity of the offense.
- Formal probation: It is possible, but with strict conditions and close supervision.
- Driver’s license revocation: Up to five years, with potential eligibility for IID installation and a restricted license after a period.
- DUI School: Mandatory DUI education program as determined by the court.
Additional Penalties
Any prior DUIs that have occurred within the past 10 years will also factor into the severity of the penalties a person faces. Each DUI is two negligent operator points on a driver’s license, per the California Department of Motor Vehicles (DMV).
Other penalties that can apply in your case include:
- Restitution: Compensation for medical expenses, lost income, and other damages that injured parties suffered.
- Habitual traffic offender status: Possible designation by the DMV, leading to stricter penalties for future traffic violations.
CA Vehicle Code § 23152 (e) Can Lead to Other Charges for DUI
California Vehicle Code § 23152 (e) is just one of several charges a defendant can face in a DUI incident. Depending on the case, additional charges may be brought under various sections of the law, including:
- California Vehicle Code § 23152(a) – Driving under the influence of alcohol or drugs: It is unlawful to operate a motor vehicle while impaired by drugs, alcohol, or both together, regardless of the BAC level.
- California Vehicle Code § 23153 – DUI Causing Injury: This provision applies if a person driving while intoxicated commits an act or neglects a duty of care and causes another person bodily injury.
- California Penal Code 273(a) Child Endangerment: If there was a minor present in the vehicle at the time of the DUI, particularly if the minor was under age 14 and their safety was compromised due to the driver’s impairment.
- California Vehicle Code § 20001 (a) – Hit and Run Involving Injury or Death and California Vehicle Code § 20002 (a) – Hit and Run Involving Property Damage: If the defendant was involved in an accident and left the scene without providing contact information or assisting the injured, they could face hit and run charges, especially if there was injury or property damage.
- California Penal Code § 191.5 (b) – Vehicular Manslaughter While Intoxicated: In cases where a DUI results in death, charges of vehicular manslaughter or even gross vehicular manslaughter while intoxicated could be brought against a driver.
- California Vehicle Code § 23103 – Reckless Driving: If the defendant’s behavior behind the wheel displayed a disregard for the safety of persons or property, they might be charged with reckless driving.
- California Vehicle Code § 14601.1 (a) – Driving on a Suspended License: If the defendant was driving on a suspended or revoked license due to a previous DUI or other reasons, additional charges could be filed.
Each charge carries its own set of penalties and implications, potentially increasing the severity of the legal consequences a defendant can face. Our DUI lawyers can address each charge in our defense strategy as we seek the best outcome for you.
How Can Prosecutors Prove You Were Driving With a BAC of 0.04% or Higher?
The prosecutor must prove the charges against you, and as criminal defense attorneys, it is our role to challenge the charges and find weaknesses in their case. First, the following things generally must be true:
- You drove the commercial vehicle.
- You drove the commercial vehicle with a passenger for hire present.
- Your blood alcohol content level was over the legal limit of 0.04% or higher when you drove.
- Your impaired driving directly caused someone else’s injury.
If you have a previous DUI conviction, a lower threshold may have been required for your BAC. The prosecutor will also have to support each element with sufficient evidence, such as:
- A police report
- Witness testimony
- Video footage
- Results from chemical tests (breath, blood, or urine)
- Field sobriety tests
- Other related evidence
Convincing the court that these conditions have been met is essential for a conviction on charges of DUI causing injury with a passenger for hire. The collected evidence and the arrest must have been conducted legally. This includes ensuring law enforcement officers had probable cause for your initial traffic stop and subsequent arrest.
Common Defenses in DUI Passenger for Hire Cases
Our criminal law attorneys have decades of experience in defending clients in DUI cases. We can use several strategies to challenge the prosecution’s case. Common legal defenses used in these cases include the following:
- Challenging the recorded BAC level: We could question the accuracy of the blood alcohol concentration (BAC) testing. This can involve demanding a closer look at the calibration and maintenance of breathalyzers, the administration of the test, or the handling and analysis of urine or blood samples. Discrepancies or procedural errors can cast doubt on the dependability of the BAC results.
- Questioning field sobriety tests (FSTs): We could also contest any FSTs you took. Factors such as the defendant’s physical condition, the environment in which the tests were conducted, and the subjective nature of the evaluation can be scrutinized to undermine the evidence of impairment.
- Proving you were not impaired: We can set out to show that you were not actually impaired when you were driving, despite what the BAC level or FST results might suggest. This could involve us presenting other explanations for poor driving behavior or symptoms that appeared to be signs of intoxication.
- Disputing what caused the injury: A key element in DUI causing injury cases is proving the defendant’s impaired driving directly caused the injury. A defense might focus on showing how other factors caused the injury that were unrelated to the driver’s alleged impairment.
- Rising blood alcohol concentration: The rising BAC defense asserts that the defendant’s BAC was below the legal limit while driving but rose to above the legal limit by the time they took the chemical test, which could be much later. This can happen as the body continues to absorb alcohol into the bloodstream.
- Incorrect assumption of the driver role: If there is ambiguity about who was driving when the incident occurred, we could argue on your behalf that you were not operating the vehicle.
- No passenger for hire: We might be able to challenge if the passenger was actually a paying customer or a passenger for hire at the time of the incident. This is another angle of defense if this element is crucial to the specific charges under 23153(e).
Further, if we find that law enforcement violated your constitutional rights during the traffic stop, detention, or testing processes, we can motion to suppress such evidence. This includes failing to properly advise you of your rights, unlawful traffic stops, and improperly conducted interrogations.
Call for Help With a Commercial DUI Passenger for Hire Case
The defenses we outline above require detailed legal knowledge and a deep understanding of the law and the science behind DUI testing in California. We can effectively use these defenses if the case requires them. They all could potentially lead to reduced charges, acquittal, a DUI plea bargain, or other favorable court outcomes.
If you are facing such charges, you can work with our DUI defense attorneys, who can help you navigate the complexities of DUI law and develop a strong defense strategy. Our Los Angeles criminal defense attorneys are ready to help you or a loved one navigate the complex legal challenges of CA Vehicle Code § 23152 (e). Call or contact us online today for a free consultation.