Facing DUI charges in California can be overwhelming and life-altering. With some of the strictest DUI laws in the nation, it’s crucial to have a skilled attorney by your side to protect your rights and navigate the complex legal process. At the Law Office of Cherish Om, I bring years of courtroom experience and a deep understanding of California DUI laws to defend clients accused under Vehicle Code VC 23152(a) and VC 23152(b).
To help you better understand your rights and options, I’ve compiled a comprehensive FAQ addressing the most common questions about DUI charges, penalties, and defenses. Explore the answers below and take the first step toward safeguarding your future.
What are California’s DUI laws under VC 23152(a) and VC 23152(b)?
California DUI laws are governed by two key sections:
- VC 23152(a): Prohibits driving while impaired by alcohol, regardless of blood alcohol concentration (BAC) levels. The prosecution must prove:
- You were operating a vehicle.
- Your ability to drive safely was impaired by alcohol.
- VC 23152(b): Makes it illegal to drive with a BAC of 0.08% or higher. The prosecution must prove:
- You were operating a vehicle.
- Your BAC was 0.08% or higher at the time of driving.
What are the penalties for a first-time DUI offense in California?
For a first-time offense, penalties may include:
- Fines up to $1,000
- Jail time ranging from 48 hours to 6 months
- A 6-month license suspension
- Attendance at DUI school
What are the penalties for repeat DUI offenses?
- Second Offense
- Fines up to $1,000
- Jail time ranging from 96 hours to 1 year
- 2-year license suspension
- Mandatory installation of an ignition interlock device (IID)
- Third Offense
- Fines up to $1,000
- Jail time ranging from 120 days to 1 year
- 3-year license suspension
- Designation as a habitual traffic offender
What happens if aggravating factors are involved in my DUI case?
Aggravating factors, such as causing injury or death, can lead to:
- Enhanced penalties
- Longer jail sentences
- Higher fines
- Permanent license revocation
Can I challenge a DUI charge if my BAC was below the legal limit?
Yes, under VC 23152(a), you can still face DUI charges if the prosecution proves alcohol impaired your driving ability. A skilled attorney can challenge this evidence.
What are common defenses to DUI charges?
Common defenses include:
- Lack of probable cause for the traffic stop
- Faulty or improperly administered BAC tests
- Medical conditions mimicking intoxication
- Unconstitutional DUI checkpoints
- No evidence of impaired driving
What should I do if I’m pulled over for suspected DUI?
- Remain calm.
- Provide your license and registration.
- Avoid making incriminating statements.
- Politely decline field sobriety tests unless legally required.
Can I refuse a breath or blood test?
Refusing a test violates California’s implied consent law, leading to:
- Automatic license suspension
- Additional penalties, even without a DUI conviction
Can a medical condition affect my DUI case?
Yes. Conditions such as diabetes, acid reflux, or specific diets can cause false-positive BAC results. Your attorney can present medical evidence to dispute the charges.
What happens at a DUI checkpoint?
DUI checkpoints, also known as sobriety checkpoints, are set up by law enforcement to identify impaired drivers. While these checkpoints are legal in California, they must adhere to strict constitutional guidelines to protect your rights.
What to do when approaching a DUI checkpoint:
- Stay Calm and Composed: Avoid sudden movements or attempts to evade the checkpoint, as this could raise suspicion.
- Follow Instructions: Roll down your window and comply with lawful requests, such as providing your license, registration, and proof of insurance.
- Be Polite but Reserved: You are not required to answer incriminating questions, such as, “Have you been drinking?” Politely decline to answer.
- Decline Field Sobriety Tests: You are not legally obligated to perform field sobriety tests, and they can often be subjective.
- Know Your Rights: You may refuse a preliminary alcohol screening (PAS) breath test unless you are under 21 or on DUI probation. However, refusing a chemical test after arrest violates California’s implied consent law.
How does a DUI affect my driver’s license?
Most DUI convictions result in a license suspension. The duration depends on:
- Prior offenses
- Aggravating factors
You can request a DMV hearing within 10 days to challenge the suspension.
Can I get probation instead of jail for a DUI?
Yes, probation is often an alternative to jail time but includes strict conditions, such as:
- Regular check-ins
- Attending DUI school
- Avoiding new offenses
Can I expunge a DUI from my record?
Yes, after completing probation, you may be eligible for expungement. While it removes the conviction from your criminal record, it remains on your driving record for 10 years.
How does a DUI affect my insurance rates?
A DUI conviction can significantly increase premiums. However, if no accident occurred, you may not need to report it to your insurer.
Are there immigration consequences for a DUI conviction?
Yes, DUI convictions can affect immigration status, including potential deportation for non-citizens. Consult an attorney for specific guidance.
How does a DUI impact professional licenses?
A DUI conviction may need to be reported to your licensing board, potentially resulting in suspension or revocation of your professional license.
What alternative explanations can challenge DUI symptoms?
Symptoms such as slurred speech or bloodshot eyes may stem from:
- Medical conditions
- Fatigue
- Allergies
Providing alternative explanations can weaken the prosecution’s case.
What happens if testing procedures are faulty?
Improperly calibrated equipment, mishandled samples, or procedural errors can lead to inaccurate BAC readings. An attorney can challenge these results.
Can I avoid DUI charges if I wasn’t driving the car?
Yes, if you weren’t operating the vehicle (e.g., sleeping in a parked car), the prosecution must prove you were “in control” of the car.
What is DUI probation, and what does it involve?
DUI probation allows you to avoid jail time but includes conditions like:
- Attending DUI school
- Abstaining from alcohol
- Avoiding further offenses
Why Choose the Law Office of Cherish Om?
With extensive experience in both criminal defense and courtroom litigation, I provide personalized, results-driven representation. I understand the complexities of DUI cases and am dedicated to minimizing the impact on your life, whether it’s your first offense or a subsequent charge. We hope the questions and answers above helped you, but if you still have questions, reach out today.
Contact a Trusted DUI Defense Attorney
Don’t face DUI charges alone. Call the Law Office of Cherish Om today at (831) 291-5315 or email om-law@outlook.com to schedule a consultation. Let’s fight for your rights and your future.
