DUI Charges in California
Driving under the influence can be charged in California in multiple ways: your blood alcohol content could be at or above the legal limit; you could be charged to be impaired by alcohol, even if your blood level is below the limit; you could have an illegal drug like cocaine or heroin in your system; you could be driving under the influence of marijuana or cannabis; or you could even have a legal drug such as adderall or xanax in your system be charged with driving under the influence of a prescription drug.
Contact Klugman Law PC at (714) 559-0931 if facing DUI charges.
1. Driving Under the Influence of AlcohoI - Vehicle Code 23152(a)
- Driving under the influence of alcohol.
- No requirement to prove a specific blood alcohol concentration (BAC).
- Based on officer's observations, field sobriety tests, and other evidence.
2. Driving with BAC of 0.08% or Higher -Vehicle Code 23152(b)
- Driving with a BAC of 0.08% or more.
- This is often charged alongside a standard DUI (23152(a)).
3. Driving Under the Influence of a Drug -Drug DUI - Vehicle Code 23152(f)
- Can be a THC (marijuana) DUI
- Driving under the influence of drugs, whether legal or illegal- examples are adderol, pain meds, cocaine, heroin, xanax, meth, cannabis
- No legal limit like alcohol, so impairment is determined by behavior and drug testing.
4. Commercial DUI (Vehicle Code 23152(d))
- Operating a commercial vehicle with a BAC of 0.04% or higher.
- Applies to individuals driving trucks, buses, and other commercial vehicles.
5. Underage DUI (Vehicle Code 23136 & 23140)
- Vehicle Code 23136: Zero tolerance for drivers under 21 with a BAC of 0.01% or more.
- Vehicle Code 23140: Underage drivers with a BAC between 0.05% and 0.07%.
6. DUI Causing Injury (Vehicle Code 23153(a) & (b))
- Driving under the influence and causing injury to another person.
- Can be charged as a misdemeanor or felony depending on the severity.
- Separate charges for driving under the influence of alcohol (23153(a)) and with a BAC of 0.08% or more (23153(b)).
7. DUI with Prior Convictions
- 2nd DUI: Increased penalties for a second DUI within 10 years.
- 3rd DUI: Further heightened penalties for a third offense.
- 4th DUI: Considered a felony regardless of whether injury occurred.
8. Felony DUI
- Multiple Prior Convictions: Fourth or more DUI within 10 years.
- DUI Causing Injury/Death: If a DUI results in serious injury or death, the charge can be elevated to a felony, especially under Vehicle Code 23153 or Penal Code 191.5 for DUI manslaughter.
9. DUI with a Minor Passenger -Vehicle Code 23572
- Enhanced penalties for driving under the influence with a child under 14 years old in the vehicle.
10. Boating Under the Influence (Harbors and Navigation Code 655)
- Operating a boat or other watercraft under the influence of alcohol or drugs.
- BAC limit is also 0.08%, similar to driving a motor vehicle.
11. DUI Manslaughter (Penal Code 191.5)
- Vehicular Manslaughter While Intoxicated: Involves causing someone's death due to gross negligence while driving under the influence.
- Can be charged as a felony with severe penalties, including lengthy prison terms.
12. DUI with Refusal to Submit to Chemical Test
- Refusing to submit to a breath, blood, or urine test when suspected of DUI results in automatic license suspension and increased penalties.
Each of these charges can carry various penalties such as fines, jail time, license suspension, DUI education programs, and installation of an ignition interlock device (IID). Penalties generally increase with subsequent offenses and if aggravating factors (e.g., injury or death) are involved.
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