Have you been arrested under suspicion of a DUI? These circumstances can come with life-altering consequences, but with the right legal representation from a South San Gabriel DUI lawyer, you can protect your future.
At Los Angeles DUI Lawyers, we can connect you with resources for assistance with DUIs and drunk driving defense strategies. With over 19 years in business, we’ve served thousands of clients, and we’re here to help you, too.
What Behaviors Can Result in California DUI Charges?
Driving under the influence (DUI) is a serious offense in California. As a state governed by strict laws that are designed to deter impaired driving for the sake of road safety in the community, you can be charged with a DUI if you operate a vehicle with certain BAC levels.
For drivers who are at least 21 years old, a blood alcohol concentration (BAC) of 0.08% or higher is grounds for a DUI charge. Meanwhile, drivers under the age of 21 can face charges if they have a BAC equal to 0.01% or higher.
Commercial vehicle drivers are held to a stricter standard, and they may be charged if they have a BAC of 0.04% or more. Driving under the influence of drugs—illegal substances, prescription medications, or over-the-counter drugs —can also result in a DUI charge.
Consequences of a DUI Conviction
When looking at potential California DUI penalties, what to expect after a DUI conviction varies from one case to the next. The penalties attached to your DUI conviction will depend on the circumstances of your situation and your prior criminal history if you have one at all.
First Offense
A first DUI offense coincides with consequences that are designed to discourage repeat violations:
- Fines and fees: Up to $2,000
- Jail time: 48 hours to six months
- License suspension: Six months
- DUI education program: Completion of a three-month program
Second Offense
A second DUI offense is associated with more severe penalties to reflect the gravity of engaging in repeated patterns of behavior and violating the same law twice:
- Fines and fees: Up to $2,500
- Jail time: Four days to one year
- License suspension: Two years
- Ignition interlock device (IID): Mandatory installation
Third or More Offenses
If you are found to be operating a motor vehicle under the influence for a third time or more, the penalties can be even more intense:
- Fines and fees: Up to $3,000
- Jail time: 120 days to one year
- License suspension: Three years
- DUI education program: Up to 30 months
Escalation to Felony Charges
If the DUI involves aggravating factors—such as injuries or fatalities—your charges can be escalated to a felony. This can result in harsher penalties, including longer jail sentences and higher fines.
Common Defenses Against DUI Charges
According to the California Driver’s Handbook, a blood alcohol concentration percentage is a measurement of the amount of alcohol in your bloodstream. Here are common defense strategies that attorneys use when you’re found with an illegal BAC level:
- Unlawful traffic stop
- Faulty testing equipment
- Interference by medical conditions
- Complications from medications
- Violation of your rights
Unlawful Traffic Stop
A DUI arrest often begins with a traffic stop, but law enforcement must have a valid reason to pull you over. If the officer lacked reasonable suspicion that you committed a traffic violation or crime, the stop may be deemed unlawful.
For example, an officer cannot stop you solely based on a hunch they feel or a profile they create due to assumptions they make. Instead, they must observe you actively engaging in specific behaviors, like swerving, speeding, or running a red light, to justify initiating a stop.
When an unlawful traffic stop occurs, all evidence obtained after the stop, including BAC results, may be suppressed. This means that the prosecution cannot use this evidence against you, which will likely weaken their case.
Faulty BAC Testing Equipment
The accuracy of BAC testing equipment is a cornerstone of many DUI cases, but these devices are not infallible. Breathalyzers and blood tests must be regularly calibrated and maintained to make sure the results they produce are reliable.
If the equipment was not properly calibrated or if testing protocols were not followed, the results could be deemed inaccurate or invalid. Human error during testing—like improper breathalyzer use or the mishandling of blood samples—can compromise the integrity of the results.
Medical Conditions or Medications
Certain medical conditions or medications can lead to false-positive BAC readings. For instance, individuals with diabetes or acid reflux could produce elevated BAC levels due to the presence of ketones or alcohol-like compounds in their breath.
Similarly, medications containing alcohol—such as cough syrups or mouthwashes—can influence the results of breathalyzer tests. A South San Gabriel DUI law firm can explore whether your health conditions or prescribed medications affected your BAC test results.
Violation of Rights
The U.S. Constitution protects you from unlawful searches, seizures, and arrests. As such, any violation of these rights can significantly impact the validity of your DUI case. If law enforcement officers failed to follow proper procedures, it could be grounds for a strong defense.
For instance, if an officer coerced you into providing a breath or blood sample without presenting a warrant or obtaining valid consent, the evidence might be inadmissible in court. A DUI lawyer in South San Gabriel can determine if your rights were violated.
This includes evaluating whether you were informed of your rights, like the right to remain silent or the right to an attorney. Additionally, your attorney can look into whether or not the evidence was obtained via illegal means, such as the unlawful search of your vehicle.
Protect Your Future By Speaking With a South San Gabriel DUI Attorney
DUI charges don’t have to dictate the trajectory of your life. With the right legal guidance, you can take control of the situation and work toward a favorable resolution. At Los Angeles DUI Attorney, we’re here to help you meet with lawyers who can help.
We’ll take the time to understand your circumstances, answer your questions, and connect you with a law firm that is ready to fight for you. Learn more about us and the services we provide today.
