Driving Under the Influence “DUI”
DUI or driving under the influence refers to the act of operating a vehicle after consuming alcohol or other drugs. The charge of driving under the influence is an unbiased charge, meaning, those arrested by police for a DUI can be rich or poor. Your job or education status in society does not prevent you from being charged with this criminal offense. Lawyers, doctors and even police officers can be arrested for driving under the influence of alcohol or drugs, or the combination of both.
Most people arrested for DUIs are not “criminals,” or “bad” people, they are the average citizen who might have made a poor decision or been wrongfully accused. Nevertheless, a DUI charge is not to be taken lightly. A DUI conviction can result in loss of freedom, driver’s license, employment, reputation, and much more.
A person can be convicted of DUI in California if either one of the following are proven:
1) A person drove while impaired by either alcohol and/or drugs, or
2) A person drove with a blood alcohol concentration (BAC) of 0.08% or higher.
A DUI arrestee is typically charged with Vehicle Code 23152. The section will vary depending on the offense.
Vehicle Code 23152(a) is the charge brought against a person who is under the influence of alcohol while driving a vehicle.
Vehicle Code 23152(b) is the charge brought against a person who has a blood concentration of 0.08% or greater.
Vehicle Code 23152(f) is the charge brought against a person who is solely under the influence of drugs while driving a vehicle.
Vehicle Code 23152(g) is the charge brought against a person who is under the influence of both drugs and alcohol while driving a vehicle.
In all instances, once a driver is arrested for driving under the influence, he or she will be required to submit to a blood or breath test to determine the person’s blood alcohol concentration. Failure to submit to such a test, may result in a one-year suspension of the person’s driving privilege under California’s Implied Consent Law.
The consequences of being arrested and found by the Department of Motor Vehicles (DMV) of having violated one or more of the statutes in California is very serious. Even if an accused is not convicted in court of a DUI, the DMV may nevertheless find that the driver was under the influence or in violation of a specific DUI-related statute which may result in a license suspension, a requirement to attend DUI classes, and/or points on one’s driving record. A conviction in criminal court may result in additional consequences such as; jail time, probation, additional DUI classes, community labor, installation of an Ignition Interlock Device (“IID”), restitution, and court fines.
In California, a DUI is usually a misdemeanor.
However, there are circumstances under which a DUI may constitute a felony, such as when:
- You are involved in a vehicle accident while intoxicated that causes injury or death to another;
- You already have three or more prior DUI convictions within 10 years;
- You have one or more prior felony DUI convictions
DUI Felonies Involving Injury
A felony DUI involving injury requires more than just intoxication and injury.
California Vehicle Code 23513 is used to define felonies in this context. A felony DUI in this context results when the driver is legally intoxicated, and the driver has violated another law, besides the DUI law, or was otherwise driving negligently (such as speeding or running a stop sign), and that this act was the cause of the bodily injury. In order for the driver to be convicted of a felony, all of these elements must be present and proven beyond a reasonable doubt.
If you are charged with a felony DUI in California, the penalties you face are extremely serious, and can include:
- A minimum 180-day jail sentence;
- Fines in excess of $3,000;
- Years of probation;
- Large amounts of restitution;
- License suspension for four years or longer; and
- A mandatory alcohol education program.
In addition to a criminal sentence, a felony conviction has other consequences such as: a permanent criminal record and revocation of certain civil rights, which may include the right to vote or to serve on a jury, or to obtain certain types of professional licenses. A felony DUI conviction may also lead to the loss of your job, damage relationships, and severely obstruct your ability to obtain credit, employment, or housing.
While it is normal to feel terrified, anxious, and nervous, it is extremely important for you to not ignore this unpleasant experience. There are certain steps that MUST be taken within 10 calendar days of your arrest, or else you will be waiving important due process rights.
Call us now! We will fight to protect your driving privileges so neither you nor your loved ones have to endure the consequences of a driver’s license suspension or revocation.
18653 Ventura Blvd, Suite 245
Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
