Understanding DUI Charges in California: What You Need to Know
Driving Under the Influence (DUI) means the operator of a motor vehicle was found to be under the influence of alcohol or drugs. Depending on the individual’s Blood Alcohol Content (BAC) and previous charges, a DUI could result in anything from a license revocation to fines, probation, and jail time.
It’s a serious offense that can lead to equally serious charges. So, what constitutes a DUI in California, and what should you do if you’re charged?
What Qualifies as a DUI in California?
In California, the driver’s BAC generally must be 0.08% or greater to qualify as a DUI. However, you can be charged with a lower BAC if your mental/physical abilities are impaired as a result of alcohol.
Drivers can also be charged with a DUI if drugs have impaired their ability to drive. There is no standard breathalyzer test for drugs, though, so officers will conduct Field Sobriety Tests (FSTs) and then request a sample (usually blood) for chemical tests.
What Happens During a DUI Traffic Stop in California?
Initially, a law enforcement officer must have a lawful reason for pulling you over—such as a broken taillight, speeding, or swerving—and will explain this reason during the stop. They will then look for signs of impairment and ask if you have consumed any alcohol/drugs.
Legally, you don’t have to answer those questions, but you must provide them with any documents they request, such as your license and registration. They may ask you to step out of the vehicle and perform FSTs, but again, you can refuse.
Although they can be effective, the results of FSTs are very subjective, and they can be used against you in court.
The officer will then request a Preliminary Alcohol Screening (PAS) test and arrest you if the results are high. You can refuse this test and opt instead for a more reliable blood test if the officer arrests you. After the arrest, however, refusing a test could lead to steep penalties, including a long-term license suspension.
Understanding Blood Alcohol Concentration (BAC) Limits
Although the BAC limit for most California drivers is 0.08%, it drops to 0.04% for commercial drivers and 0.01% for minors (under 21) and those on DUI probation.
Alcohol can impact your motor skills long before reaching that 0.08% limit. At just 0.02%, it can impair your judgment and make you less alert. By the time it reaches 0.08%, you may have slower reaction times and impaired speech/vision/balance.
At 0.15% and higher, you’re in a serious state of intoxication and may have difficulty walking, talking, and communicating.
What Happens in a Field Sobriety Test?
Conducted by the roadside, an FST typically follows three standardized tests, including following an object or light with your eyes, walking heel-to-toe in a straight line, and standing on one leg while counting out loud.
Officers may also conduct non-standardized tests, such as asking you to recite the alphabet backward, count backward, or touch your nose with your finger.
Legally, you can refuse all of these tests. However, if you’re lawfully arrested for a DUI in the state, you must submit to a chemical test, which typically tests your breath or blood.
Penalties for a First-Time DUI Conviction
You can be sent to county jail for up to six months following a DUI conviction, but most cases result in informal probation, which includes DUI education programs. Probation is unsupervised, so it doesn’t require active monitoring, but it does lower the BAC requirement to just 0.01%.
You may also be fined up to $1,000 and have your license revoked for up to 10 months.
For second and third offenses, the fines and probation periods remain the same, but you’re more likely to get a longer license suspension and could face up to a year in jail.
How DUI Charges Can Impact Employment and Insurance
If your job involves driving, a DUI conviction could lead to immediate termination. Even if you’re not technically a driver, a DUI can still cause problems if you have a company car, as it will be harder for your employer to get insurance.
You can also expect a spike in your insurance premiums, with the DUI remaining on your driving record for 10 years.
Possible Defenses to DUI Charges
One of the main defenses to a DUI charge is to challenge the traffic stop. Law enforcement needs a valid reason to pull you over. If you suspect they are acting on an anonymous tip or a minor infraction, an attorney may be able to suppress the evidence.
You can dispute FSTs if they were conducted. They are subjective, but you can also argue that you were mentally alert but physically clumsy, which doesn’t necessarily mean you were intoxicated.
Finally, there are strict laws governing the use of chemical tests. For example, the officer must monitor you for 15 minutes before giving you a breath test to ensure you do not put anything in your mouth during that time. Mouthwash, drinks, cough syrup, and some medicines, for example, can all increase the level of alcohol in your mouth and inflate the test results.
Attorneys have also used a defense known as “rising blood alcohol”. Simply put, your BAC rises steadily after drinking and eventually reaches a peak. If you have a few drinks, jump in your car, and drive home, it could be argued that your BAC was within legal limits at the time you were stopped, but had risen by the time of the chemical test.
A good attorney will help you find the best defense.
What to Do If You’ve Been Charged With DUI
If you’re charged with a DUI in California, you must contact your local DMV and request an Administrative Per Se (APS) hearing within 10 days. It may temporarily halt the automatic license suspension. You can then contact County Law Center, an expert DUI defense attorney, for help with your case.