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What Constitutes Impaired Driving in California?
What Constitutes Impaired Driving in California?
Driving under the influence (DUI) laws in California apply to both alcohol and drugs — it’s illegal to drive if you’re impaired by either. Even having just one drink can affect your ability to drive safely, so it’s important to understand the state’s DUI laws and penalties.
This article will cover:
- How California defines DUI
- Illegal BAC limits
- What happens if you’re arrested
- Penalties and fines
- Possible defenses
How California Defines DUI
California’s DUI laws are found in Vehicle Code section 23152. You can be charged with DUI if:
- You’re under the influence of alcohol, drugs, or a combination and it impairs your ability to safely operate a vehicle
- You have a blood alcohol concentration (BAC) of 0.08% or higher
For commercial drivers, the BAC limit is lower, at 0.04%. And for those under 21 or on DUI probation, the BAC limit is 0.01%.
Basically — if you’re impaired to the point it affects your driving, you can be arrested. It doesn’t matter if the substance is legal or illegal.
BAC Limits in California
Your BAC depends on factors like:
- How much you’ve had to drink
- Your body weight
- Your gender
This BAC calculator can estimate your level based on those factors: BAC Calculator
In California, it’s illegal per se (in and of itself) to drive with a BAC of 0.08% or higher. For commercial drivers, the per se limit is 0.04%. And for those under 21 or on DUI probation, the per se limit is much lower at 0.01%.
Underage DUI
Drivers under 21 are held to the 0.01% BAC limit. So even one drink could put you over the limit. The penalties for underage DUI used to be less severe, but not anymore.
Now, the consequences for drivers under 21 are the same as for those 21 and over. That includes fines, DUI classes, license suspension, and possible jail time.
Marijuana DUI
California’s DUI laws also apply to driving while impaired by marijuana. There is no BAC-type limit for cannabis like there is for alcohol.
Instead, you can be arrested if officers determine your driving ability is impaired by marijuana use. This is typically done through field sobriety tests.
What Happens if You’re Arrested
If officers stop you and suspect you’re driving under the influence, here’s what happens:
- They’ll ask you to take a preliminary alcohol screening (PAS) breath test. This gives a quick BAC estimate. You can refuse, but your license may be suspended.
- You’ll be asked to take a chemical BAC test – either breath or blood. Again, you can refuse but will likely face license suspension and increased penalties if convicted.
- You’ll be arrested and taken to jail if your BAC is over the legal limit or officers determine you’re impaired. Your car will be towed.
- At the station, you can make phone calls and will be processed for booking. This involves taking fingerprints and mugshots.
- You may be able to bail out or you might have to stay until arraignment within 48 hours.
Penalties for DUI Conviction
If convicted of DUI in California, here are the potential penalties:
First Offense
- Up to 6 months in county jail
- Fines up to $1,000 plus penalties and assessments
- 6-month driver’s license suspension
- DUI classes for 3-9 months
- Possible IID ignition interlock device installation
Second Offense
- Up to 1 year in county jail
- Fines up to $1,800 plus penalties and assessments
- 2-year license suspension
- 18-30 month DUI program
- Possible vehicle impoundment
Third Offense
- Up to 1 year in county jail
- Fines up to $1,800 plus penalties and assessments
- 3-year license revocation
- 30 month DUI program
- Possible vehicle impoundment
Penalties get more severe for additional offenses. A fourth DUI within 10 years is a felony with 16 months to 4 years in state prison.
Possible Defenses
There are various ways your DUI attorney may fight the charges against you, including:
- Invalid traffic stop – Officers need reasonable suspicion to pull you over. If they didn’t have that, evidence may be suppressed.
- Faulty chemical test – Errors in how BAC tests were conducted can put their results in doubt.
- Rising BAC – Your BAC may have been below the limit when driving but peaked later at the station.
- Medical conditions – Some conditions like diabetes mimic signs of impairment.
An experienced DUI lawyer understands the intricacies of these defenses and how to apply them to your case.
Get Legal Help Today
DUI charges in California should always be taken seriously. The penalties can be severe and follow you for years. Don’t go it alone against the experienced prosecutors – get an attorney on your side.
Reach out for a free consultation to discuss your case. There are often ways to get charges reduced or dismissed. But you need skilled legal help to make that happen.