In California, drunk driving is defined as having a blood alcohol content of 0.08% or higher while operating a motorized vehicle. For those under 21 and in some other circumstances, the content level is much lower.
California takes drunk driving seriously, and the penalties can be severe. A Los Angeles DUI lawyer can help if you’re facing a drunk driving charge.
What is Drunk Driving in California?
Under California law, driving under the influence refers to the consumption of alcohol or drugs while operating a motor vehicle. Even if you are not drinking, you can still be charged if you have an open container of alcohol in the vehicle when you are pulled over.
Blood Alcohol Limits Under California’s DUI Laws
California enforces strict laws regarding blood alcohol content. You could be charged with drunk driving if:
- You are 21 or older and have a BAC of 0.08% or higher
- You are under 21 years old and have a BAC of 0.01% or higher
- You are on probation for a DUI and have a BAC of 0.01% or higher
- You are driving professionally, have a passenger in the vehicle with you, and have a BAC of 0.04% or higher
- You are operating a vehicle with a commercial driver’s license and have a BAC of 0.04% or higher
Each of these DUI charges will bring specific penalties.
What are the Penalties for Drunk Driving in California?
DUIs can result in:
- First DUI: For a first offense, you may face up to six months in jail.
- Second or third DUI: For a second or third offense, it may be up to one year in jail.
- Fourth DUI: For a fourth DUI offense, it may mean up to three years in prison.
If someone is injured or killed while you are driving under the influence, you could face a felony charge and up to six years in prison.
Non-Jail Penalties for a DUI in California
While jail time is one of the most severe punishments for a DUI, there are other consequences you may face. These include:
- Hefty fines.
- Probations.
- Driver’s license suspension.
- Ignition interlock devices installed in your vehicle at your own expense
- DUI classes.
You may also face the long-reaching effects of a conviction, such as emotional distress and a loss of your reputation. Having a DUI lawyer in Los Angeles helping with your case can result in a sentencing reduction.
How Can a Los Angeles DUI Attorney Help With Your Case?
If you’ve been charged with drunk driving in California, a DUI attorney serving Los Angeles can build a strong defense for your case. One of the most important aspects they help with is building your defense through evidence gathering in your defense and challenging the prosecution’s evidence.
What are Potential Defenses for a Drunk Driving Charge?
Depending on your case’s circumstances, potential defenses include the following:
- Challenging blood alcohol content and field sobriety tests: Human and lab errors can lead to issues with BAC or field sobriety testing results.
- Arguing your constitutional rights were violated: This can include illegal searches and seizures or issues with the arrest process.
- Alternative explanations: Some medical conditions can cause elevated BAC results. Additionally, if you were not inside your vehicle at the time of the stop or the vehicle was parked, your lawyer may argue that there is no evidence you were driving.
How Does Your Lawyer Help in the Legal Process?
Your drunk driving lawyer will take on the entirety of the legal process. They will:
- Investigate and analyze evidence.
- Cross-examine witnesses, including arresting officers.
- Represent you at trial, if necessary.
- Handle plea bargaining when applicable.
- Advocate for a lesser charge or a reduced sentence.
- Handle appeals when needed.
Your attorney will also support you by ensuring you understand every step of the process.
What Should You Do After a Drunk Driving Arrest in California?
If you’ve been arrested on suspicion of driving drunk, there are a few key steps that can be helpful to your case. You should:
- Remain calm and ask to speak to your lawyer.
- Be polite but exercise your right to remain silent.
- Do not try to explain your side of the story.
- Pay attention to the details of your arrest. For example, did the officer give a reason for pulling you over?
When speaking to your lawyer, explain what happened during the arrest. You should also let them know if you have had any previous DUI offenses or other criminal history.
A lawyer can also explain what constitutes drunk driving in California.
What Happens After a DUI Charge?
After a drunk driving arrest in California, your arraignment will typically happen in 30-60 days. Your lawyer will enter a plea, guilty or not guilty, for you during the arraignment. During this time, you should talk to your attorney about any questions you have about the charge or the legal process.
If any legal restrictions have been placed on you, in the meantime, make sure that you follow them.
Once your trial is scheduled, your lawyer will begin building their case. If you are convicted, your lawyer may be able to appeal the conviction or argue for a reduced sentence.
Contact Los Angeles DUI Lawyer Today
So, what constitutes drunk driving in California? Driving while impaired by alcohol counts as drunk driving.
If you have been accused of or arrested for drunk driving in California, it’s essential to act quickly. A lawyer can ensure that your legal rights are protected, as they build a strong defense for your case.
At Los Angeles DUI Lawyer, we will connect you with an experienced attorney. Contact us today to get started.
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