Facing a DUI charge in California? It is a serious issue that requires immediate attention. Drunk driving is a crime—and it may be brought as either a misdemeanor or a felony, depending on the specific nature of the allegations. A DUI conviction could result in serious penalties, including fines, the suspension of your license, and even jail time. At Stadlin Law Firm PC, we have extensive experience defending DUI charges in Santa Clara County. Here, our San Jose DUI defense lawyer explains what every driver needs to know about the impaired driving laws in California.
The Elements of a DUI in California
Under California law (Vehicle Code 23152), “it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” A motorist can be arrested and convicted of a drunk driving offense in San Jose if prosecutors can establish the following two requirements elements:
- Actual Physical Control: Actual physical control refers to a person’s ability to operate a vehicle at the time of the arrest. To be clear, it does not necessarily require the vehicle to be in motion—simply having the potential to drive, such as sitting in the driver’s seat with keys in the ignition, may be sufficient for a conviction.
- Intoxication: Intoxication, the second element, involves the driver being under the influence of alcohol, drugs, or a combination, impairing their ability to drive safely. For most motorists, a DUI is a blood alcohol concentration (BAC) level of 0.08% or higher. However, for some drivers—specifically underage age drivers (20 years of age or younger—or commercial drivers operating a commercial vehicle—the maximum allowable BAC level is lower.
An Overview of DUI Penalties in California
What are the penalties for a DUI in California? The short answer is that motorists in San Jose and elsewhere in Santa Clara County will face penalties that vary significantly depending on the specific circumstances. As a foundation of the charge, the most important statutory factor is a driver’s history or previous DUI offense, or lack thereof. Here is an overview of the baseline penalties:
- First-Time DUI (Misdemeanor): A maximum $1,000 fine, up to a six-month license suspension, an interlock ignition device (IID) installed on your vehicle, and up to six months in jail.
- Second-Time DUI (Misdemeanor): A maximum $1,000 fine, up to a two-year license suspension, an interlock ignition device (IID) installed on your vehicle, and up to one in jail (96 hours minimum in jail).
- Third-Time DUI (Misdemeanor): A maximum $1,000 fine, up to a three-year license suspension, an interlock ignition device (IID) installed on your vehicle, and up to one year in jail (120 days minimum in jail).
- Any Subsequent DUIs (Felony): A maximum $1,000 fine, up to a four-year license suspension, an interlock ignition device (IID) installed on your vehicle, and up to three years in jail (180 days minimum in jail).
Aggravating Factors Can Result in More Serious DUI Penalties
It is important to emphasize that not all first-time DUI charges are misdemeanors in California. The charge—and the potential penalties—facing a driver can be more serious if “aggravating factors” are present. Some notable examples of aggravating factors that can escalate the severity of drunk driving or drugged driving charges in California include:
- Injury Crashes: If a DUI results in an accident that causes injury to another person in Santa Clara County, the penalties can escalate dramatically. Indeed, DUI injury crash cases are often pursued as felony charges—even if it is a first offense.
- High Intoxication Level: A blood alcohol content (BAC) far above the legal limit (0.08%) is seen as an aggravating factor. For example, a BAC of 0.15% or more can lead to enhanced penalties, potentially including mandatory jail time.
- Child in the Car: Driving under the influence with a minor (typically under 14 years old) in the vehicle is considered to be an aggravating factor that can lead to more severe charges. It could even lead to a felony child endangerment charge in California.
You Have the Right to Defend Yourself Against a DUI Charge
Any motorist stopped for and charged with a DUI is presumed innocent until proven guilty in a court of law. The prosecution has the burden of proving all elements of the offense beyond a reasonable doubt. You have the right to zealously defend yourself against a DUI charge. A San Jose, CA, criminal defense lawyer can help. Common defense strategies include:
- Illegal Stop: An illegal stop defense argues that the initial traffic stop by law enforcement was not justified by reasonable suspicion of criminal activity. If the stop is deemed unlawful, any evidence gathered—potentially including breathalyzer results and field sobriety tests—may be excluded from the case. It could lead to DUI charges getting dropped.
- Flawed Test: Prosecutors in California often prove intoxication with breath tests, blood tests, and/or field sobriety tests. Defendants can argue that the testing equipment was improperly calibrated or that the administering officer lacked the necessary training. Improper test procedures could render the test results invalid.
- Plea Agreement: Of course, an aggressive defense is not always the most sensible defense against a DUI charge. For motorists, especially those with a clean record who are facing a first-time misdemeanor DUI charge, the best option may be to focus on working towards a plea agreement that protects their rights, saves their licenses, and avoids jail time.
Contact Our San Jose DUI Defense Attorney for Immediate Help
At Stadlin Law Firm PC, our San Jose DUI defense lawyer is committed to helping good people navigate difficult legal situations. If you or your loved one was arrested and charged with drunk driving, we are here to help. Call us now at (510) 859-3462 or use our online contact form to set up your completely confidential initial consultation. From our San Jose law office, we defend DUI charges throughout all of Santa Clara County.
