A DUI conviction can have a significant impact on your life. Some of the consequences of DUIs include fines, jail time, and driver’s license suspension. It could even affect your ability to maintain or obtain certain types of employment. Is it worth it to fight your charges?
What Percentage of DUI Cases Are Dismissed in California?
The combined DUI dismissal and acquittal rates in California range from 20% to 30% over the last ten years. Some studies have suggested that as many as 20% to 30% of DUI cases may be dismissed or result in an acquittal.
If you are uncertain whether to plead guilty to a DUI charge or take your case to trial, consult with a Santa Clarita DUI attorney. At Lias Law Firm, our criminal defense lawyers have years of experience handling these types of DUI cases. We can evaluate your charges and help you make an informed decision about how to proceed. In many cases, we help our clients get their charges dismissed.
What Are the Blood Alcohol Concentration (BAC) Limits in California?
In California, a person is considered to be driving under the influence of alcohol when his or her blood alcohol concentration (BAC) is above .08%. Those who are under 21 years of age can be charged with DUI if their BAC is .01% or higher.
Individuals of any age that are on DUI probation are also subject to the .01% limit. It is illegal for drivers of vehicles that require a CDL to operate, with or without a CDL issued to the driver, to have a BAC of .04% or more.
Finally, drivers carrying passengers for hire at the time of the offense will be charged with a DUI if their BAC is .04% or higher.
What Happens if I Refuse a DUI Breathalyzer Test?
Facing a DUI stop in California can be a stressful and intimidating experience. If you’re asked to take a breathalyzer test, you might wonder whether refusing it is the right choice. While the decision is ultimately yours, it’s crucial to understand the legal implications and how it could affect both your driving privileges and your DUI case.
California operates under an implied consent law, which means that when you obtain a driver’s license, you’re agreeing to submit to a chemical breath, blood, or urine test if you’re lawfully arrested for driving under the influence. This law aims to ensure the safety of all road users by discouraging impaired driving.
Refusing a post-arrest breathalyzer test violates the implied consent law, triggering immediate penalties such as:
- A one-year license suspension for a first refusal.
- A two-year license revocation for a second refusal within 10 years.
- A three-year license revocation for a third refusal within 10 years.
Additionally, refusing a test may affect your ability to defend against charges, as prosecutors often use the refusal itself as evidence of guilt.
If you are stopped for DUI and law enforcement has probable cause to believe you’re under the influence, you are generally required to comply with chemical testing after an arrest, not during the routine traffic stop or field sobriety test.
California DUI Penalties: What to Expect After a DUI Arrest
After an arrest for DUI, the DMV can take administrative action to suspend a person’s driving privileges. The court may take a separate action to suspend the individual’s driver’s license and bring additional penalties of fines and jail time. The court can also require the defendant to complete a DUI program.
Penalties for a First-Offense DUI in California
A first-time DUI conviction in California is a serious matter and can result in a variety of penalties that may impact your daily life and future opportunities. A first-time DUI in California carries the following potential penalties:
- Fines ranging from $390 to $1,000
- Jail time of 48 hours to six months
- A six-month license suspension
- Mandatory completion of a DUI education program
These penalties are designed to deter impaired driving and emphasize the state’s strict stance on road safety. If you’re facing first-offense DUI charges, it’s critical to understand your rights and explore your legal options with the help of an experienced DUI attorney.
Aggravated DUI Penalties for Repeat Offenders
Facing multiple DUI charges or a DUI involving aggravating circumstances, such as causing injury, can lead to significantly harsher penalties in California. The penalties increase for subsequent DUI offenses or cases involving aggravating factors like injuries.
Examples include:
- Second DUI conviction: Includes 96 hours to one year in jail and a license suspension of two years.
- Third DUI conviction: Results in 120 days to one year in jail and a three-year license suspension.
- Misdemeanor DUI with Injury: Fines of $390 to $5,000, five days to one year in county jail, and a license suspension of six months to one year.
- Felony DUI with Injury (first offense): Fines of $390 to $5,000, 16 months to 16 years in state prison, and a one-year license suspension.
These penalties reflect the state’s firm stance on repeat and aggravated DUI offenses. To protect your rights and work toward the best possible outcome, it’s essential to consult a knowledgeable DUI attorney who can build a strong defense on your behalf.
Long-Term Consequences of a DUI Conviction
DUI convictions are placed on a person’s driving record and criminal record. Previous convictions are taken into consideration when determining the specific penalties, including the length of both the prison sentence and driver’s license suspension, as well as the amount of the fine. To start fighting your possible penalties, get in contact with our DUI lawyer in Santa Clarita as soon as possible.
Understanding Field Sobriety Tests in DUI Cases
Field sobriety tests are designed to help officers determine whether a driver is under the influence of alcohol or drugs. These tests measure physical coordination, attention, and the ability to follow instructions. All of these are skills that can be impaired by intoxication.
However, it’s important to note that field sobriety tests are not always accurate indicators of impairment. Many factors, such as medical conditions, age, nervousness, or even poor instructions from the officer, can impact how someone performs.
How Field Sobriety Tests Impact Your DUI Defense
Field sobriety tests are an integral part of a DUI investigation, often serving as one of the first tools law enforcement officers use to assess whether a driver may be impaired. While these tests are widely used, understanding how they work, and their limitations, can be crucial if you are facing DUI charges. Although field sobriety tests are a common tool in DUI cases, they are not foolproof. The results of these tests are often subjective and open to interpretation.
What Are the Three Field Sobriety Tests?
The National Highway Traffic Safety Administration (NHTSA) has approved three Standardized Field Sobriety Tests (SFSTs), which are widely used by law enforcement. Each test assesses different aspects of coordination and focus.
The following tests make up the SFST:
- Horizontal Gaze Nystagmus (HGN) Test: This tracks involuntary eye movements for signs of impairment.
- Walk-and-Turn Test: This measures coordination, balance, and the ability to follow multi-step instructions.
- One-Leg Stand Test: This evaluates balance and attention by asking the driver to stand on one leg for an extended period of time.
The officer uses these tests to determine if the person in question was under the influence of drugs or alcohol while operating their vehicle. They look for common signs of intoxication, such as loss of balance (swaying/hopping) or not following instructions properly.
Defenses Against DUI Charges in California
Facing a DUI charge in California can be overwhelming, but it’s important to remember that being charged is not the same as being convicted. Strong legal defense strategies can highlight errors, inconsistencies, or mitigating factors that could lead to reduced charges or even dismissal. Understanding your rights and the available defenses is a vital step toward protecting your future.
Challenging BAC Test Results in Court
Blood Alcohol Content (BAC) is a critical piece of evidence in most DUI cases. However, BAC test results are not always as reliable as they appear. Several factors can challenge the validity of these results, and an experienced DUI lawyer can explore these avenues to build your defense. Factors may include:
- Improper Calibration or Maintenance of Testing Equipment: Breathalyzers and other testing devices must be regularly calibrated and maintained to produce accurate readings. If the device used in your case was not in compliance with standard maintenance schedules, the results may be inadmissible.
- Errors in Administering the Test: The accuracy of chemical tests depends on proper administration. Inexperienced or improperly trained officers can make errors such as failing to observe the mandatory observation period before testing, using expired testing equipment, or failing to follow standardized testing protocols.
- Rising Blood Alcohol Levels: BAC levels can continue to rise for up to two hours after drinking. If you were stopped shortly after consuming alcohol, your BAC may have been below the legal limit while driving but increased by the time you were tested. This phenomenon, known as “rising BAC,” can be a strong defense against DUI charges.
- Health Conditions or Medications: Certain medical conditions, such as acid reflux, diabetes, or low-carb diets, can create false positives in breath tests. For instance, individuals with diabetes may produce isopropyl alcohol due to high blood sugar levels, which can skew a breathalyzer result.
By examining these potential issues, your attorney can challenge the reliability of BAC evidence, which is often the backbone of the prosecution’s case.
Defending Against Police Misconduct and Errors
Law enforcement officers are required to follow strict procedures during DUI stops and arrests. When these regulations are violated, it essentially compromises the entire case. Our attorneys are prepared to question the reasonableness of suspicion for the stop and question whether the officer followed the standardized field sobriety test protocols. By then examining the bodycam or dashcam footage from the stop, we can determine if any of your rights were violated.
Facing DUI charges without professional representation can significantly harm your chances of achieving a favorable outcome. An experienced DUI lawyer can evaluate every aspect of your case, identify weaknesses in the prosecution’s evidence, and present compelling arguments for dismissal or reduced charges.
Contact Our Experienced DUI Defense Lawyer in Santa Clarita Today
If you have been charged with driving under the influence, you deserve to be represented by a criminal defense lawyer who truly cares about you and knows how to win. When you choose Lias Law Firm, you can benefit from working directly with our skilled DUI lawyer in Santa Clarita throughout your entire case. While we cannot guarantee specific results, we can assure you that we work tirelessly to obtain the best possible outcome.
DUI FAQs
What happens to your license after a DUI arrest?
After a DUI arrest in California, your driver’s license is immediately at risk. The arresting officer will usually take your license and issue a temporary license valid for 30 days. During this time, you have the right to request a hearing with the California Department of Motor Vehicles (DMV) to contest the suspension. This is separate from any criminal court proceedings related to the DUI charges. If you fail to request a DMV hearing within 10 days of your arrest, your license will likely be suspended automatically after the 30-day period. For a first offense, the suspension typically lasts six months, but this duration can increase for repeat offenses or if you refused a chemical test.
Can I expunge a DUI from my record?
Yes, in California, it is possible to have a DUI conviction expunged under certain conditions. Expungement means the conviction is dismissed, and it will no longer appear as an active conviction on your record.
Will my auto insurance rates go up after a DUI?
Unfortunately, a DUI conviction in California almost always results in higher auto insurance premiums. Insurance companies view drivers with DUIs as high-risk, and this can lead to significant price increases on your policy. Some insurers may even cancel your coverage entirely after a conviction.
