Getting charged with a DUI, or driving under the influence, most commonly refers to someone who has been caught behind the wheel who’s had too much to drink. Although alcohol is mostly the case, drivers can be pulled over in many states for suspicion of drug use, or even sleep deprivation. There’s serious consequences if caught under the influence behind the wheel, and in California, a DUI can come with fines, license suspension, or even jail time.
When an officer pulls over a vehicle for suspicion of alcohol or drugs, a breathalyzer test may be conducted to test the driver’s BAC (blood alcohol level). If blood alcohol level is 0.8% or higher, California considers it a crime. Sobriety field tests may also be conducted which include physical evaluations of the driver such as the walk and turn test, the horizontal eye gaze nystagmus, and the one-leg stand test. Should the driver fail these tests the officer can arrest the driver.
Drunk driving has major consequences.
What is California’s Zero Tolerance Policy?
It’s important to note that California’s “zero tolerance” policy means that drivers under 21 years old can face DUI charges if their BAC is just 0.01% or higher. Additionally, commercial drivers can be charged with a BAC of 0.04% or higher. The state’s strict laws are designed to deter impaired driving and reduce alcohol-related accidents, which account for nearly 30% of all traffic fatalities in the U.S.
If there is an arrest from a police officer, the driver is taken into custody (put into a police car and driven to the police station) where they are fingerprinted and photographed. The officer is also allowed to keep the driver’s license in their possession. Officers in the state of California are required to turn in the report of the suspension and revocation immediately to the DMV. The DMV then examines the report and decides if there is a basis for the officer’s report. The driver has the right to ask for a hearing within 10 days of the receipt of the report.
Is a DUI Charge a Misdemeanor?
Most DUI cases in the state of California are considered misdemeanors with a punishment of a fine and probation time. However, there are more serious consequences when the DUI is accompanied by a previous offense, behavior during the arrest, or causing harm to other people while driving.
Can you Get Jail Time for a DUI?
If a driver has been pulled over and has a combative attitude toward the officer, this could not bode well for the offender in court. What could start out as a misdemeanor could end up as a felony in California with charges such as reckless driving or even manslaughter if others were hurt during the operation of the vehicle. These kinds of charges could result in jail time lasting up to three years and fines up to $5000.
After punishment has been served and fines paid, there is still the consequence of auto insurance. California has one of the highest rate bumps for DUIs in the country, costing an average of over $5000 a year.
Ventura, Burbank, Hollywood, Southern California DUI Attorney
Obtaining an attorney, especially if any sobriety tests have been failed, or there is further evidence of impaired driving could greatly help the outcome of a sentence. A legal consultant will help with choosing the best options before, during, and after court. They can also help with navigation of the legal system and how to apply for exemptions and special circumstances for license suspension. When it comes to DUIs, finding excellent counsel could help you save time, frustration, and potentially give you a better quality of life.
Experienced DUI attorneys can challenge the validity of breathalyzer results, question the legality of the traffic stop, and negotiate plea bargains that could reduce charges from a DUI to a “wet reckless” or another lesser offense. With the right representation, some defendants may avoid jail time, reduce fines, and regain their driving privileges sooner. Contact Saam Borhani today for a free consultation.
Sources:
courtinfo.ca.gov
verwellmind.com
dmv.ca.gov
forbes.com
