Newport Beach DUI Lawyer

What is Considered a DUI in California?

In California, Driving Under the Influence (DUI) is defined as operating a vehicle while impaired by alcohol, drugs, or a combination of both. Legally, a person is considered to be driving under the influence if they meet or exceed the following Blood Alcohol Concentration (BAC) limits:

• 0.08% or higher for drivers aged 21 or older.
• 0.04% or higher for commercial drivers.
• 0.01% or higher for drivers under 21 or those on probation for a previous DUI offense.

DUI charges can also apply if a person is impaired by prescription drugs, over-the-counter medications, or illegal substances. Law enforcement officers may use field sobriety tests, breathalyzers, or blood tests to determine impairment.

California DUI Penalties

The penalties for a DUI conviction in California vary based on several factors, including the number of prior offenses and the severity of the incident. Below are the typical penalties for first-time, second, and third DUI offenses:

First-Time DUI Offense

• Fines: Up to $1,000, plus additional penalty assessments
• License Suspension: Six months, with the possibility of a restricted license
• Jail Time: Up to six months in county jail
• Probation: Three to five years of informal probation
• DUI School: Mandatory attendance at a DUI education program for three to nine months

Second DUI Offense

• Fines: Up to $1,000, plus additional penalty assessments
• License Suspension: Two years, with the possibility of a restricted license after one year
• Jail Time: 96 hours to one year in county jail
• Probation: Three to five years of informal probation
• DUI School: Mandatory attendance at an 18 or 30-month DUI education program
• Ignition Interlock Device (IID): Required for one year

Third DUI Offense

• Fines: Up to $1,000, plus additional penalty assessments
• License Suspension: Three years, with the possibility of a restricted license after 18 months
• Jail Time: 120 days to one year in county jail
• Probation: Three to five years of informal probation
• DUI School: Mandatory attendance at a 30-month DUI education program
• Ignition Interlock Device (IID): Required for two years

Common Legal Defenses to DUI Charges

If you are facing DUI charges, it is crucial to have a skilled Newport Beach DUI lawyer to evaluate the circumstances of your case and develop a strong defense strategy. Some common legal defenses to DUI charges include:

• Improper Stop: Law enforcement must have a valid reason to stop your vehicle. If the stop was made without reasonable suspicion or probable cause, any evidence obtained may be inadmissible in court.
• Inaccurate Field Sobriety Tests: Field sobriety tests can be subjective and prone to error. Medical conditions, poor road conditions, or even wearing certain types of shoes can affect performance on these tests. Your lawyer can challenge the validity of the results.
• Faulty Breathalyzer or Blood Test: Breathalyzer machines must be properly maintained and calibrated. Blood samples must be collected, stored, and analyzed correctly. Any deviations from standard procedures can lead to inaccurate results, which can be challenged in court.
• Rising BAC: Alcohol takes time to be absorbed into the bloodstream. It is possible that your BAC was below the legal limit while driving but rose above the limit by the time you were tested. This defense can be particularly relevant in cases where there was a delay between driving and testing.
• Medical Conditions: Certain medical conditions, such as acid reflux, diabetes, or hypoglycemia, can produce symptoms that mimic intoxication or lead to falsely elevated BAC readings. Your attorney can present medical evidence to counter these claims.