Yorba Linda DUI Lawyer

What is Considered a DUI in California?

In California, driving under the influence (DUI) is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the legal limit is 0.04%, and for drivers under the age of 21, a BAC of 0.01% or higher constitutes a DUI. Additionally, driving under the influence of drugs, whether prescription or illegal substances, can also result in DUI charges.

California DUI Penalties

The penalties for DUI in California can vary depending on the number of prior offenses and the circumstances surrounding the arrest. Below is a breakdown of the penalties for first-time, second, and third DUI offenses:

First-Time DUI Offense

• Fines and Fees: Up to $1,000 in fines, plus additional penalty assessments.
• License Suspension: Six-month license suspension.
• DUI School: Completion of a three-month DUI education program.
• Probation: Typically three to five years of informal probation.
• Jail Time: Up to six months in county jail, though first-time offenders often receive probation in lieu of jail time.

Second DUI Offense

• Fines and Fees: Up to $1,000 in fines, plus penalty assessments.
• License Suspension: Two-year license suspension.
• DUI School: 18 to 30 months of DUI education program.
• Probation: Three to five years of informal probation.
• Jail Time: 96 hours to one year in county jail.
• Ignition Interlock Device (IID): Mandatory installation of an IID for up to one year.

Third DUI Offense

• Fines and Fees: Up to $1,000 in fines, plus penalty assessments.
• License Suspension: Three-year license suspension.
• DUI School: 30-month DUI education program.
• Probation: Three to five years of informal probation.
• Jail Time: 120 days to one year in county jail.
• Ignition Interlock Device (IID): Mandatory installation of an IID for up to two years.

Common Legal Defenses to DUI Charges

Facing a DUI charge can be overwhelming, but there are several legal defenses that can be employed to challenge the charges. At The Law Offices of Jacqueline Goodman, we meticulously examine every aspect of your case to build a robust defense. Common legal defenses include:

• Unlawful Traffic Stop: If the police officer did not have a valid reason to pull you over, any evidence obtained during the stop may be inadmissible in court.
• Faulty BAC Testing: Breathalyzers and blood tests are not infallible. Errors in calibration, administration, or maintenance can lead to inaccurate results.
• Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can result in falsely elevated BAC readings.
• Improper Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by non-alcohol-related factors such as fatigue, anxiety, or physical impairments.