What Constitutes a DUI Charge in California?

When on your way home from a fun night out with friends, the last thing you may expect is to be pulled over, subject to a breathalyzer, and placed under arrest for driving while under the influence. If you have been charged with a DUI in California, it’s imperative to understand the implications this can have. As such, the following blog explores when these charges are warranted, as well as the penalties you can face if you are convicted. In addition, this blog explores the importance of contacting a Contra Costa DUI lawyer to help you explore your legal options when facing a DUI charge.

When Is a DUI Charge Warranted?

In California, you can be charged with driving under the influence (DUI) any time you are impaired by drugs or alcohol while operating a motor vehicle. Typically, you will face a DUI per se, meaning in and of itself, if you are discovered driving with a blood alcohol concentration (BAC) at or over the legal limit of 0.08%. This is because anyone with a BAC this high is believed to be under the influence, regardless of whether or not they feel impaired.

However, you can receive a DUI if your BAC is below this legal limit, but the officer determines that the alcohol in your system has impacted your ability to safely drive a vehicle.

You should note that California also has a strict Zero Tolerance Law for underage drunk driving. As such, anyone under the age of 21 who is found with a BAC at or over 0.01% will face an automatic DUI offense. This is much stricter than the standard because it aims to deter those who are of legal drinking age from consuming alcohol and getting behind the wheel.

What Are the Penalties for a DUI in Contra Costa County?

In California, a first-offense DUI is charged as a misdemeanor offense. If convicted, you can face a minimum of 48 hours and up to six months in county jail. However, many judges will waive jail time, so long as you pay the fines, complete an education program, and do not violate your license suspension. In addition, you can be subject to three to five years of informal probation.

A second offense DUI within ten years of the previous can increase the penalties you face. The potential jail time increases to a minimum of 96 hours but up to one year in jail. Unlike a first offense, the prosecution will likely fight harder to put you behind bars for a period of time. In addition, the alcohol education program can be increased from 9 months to 30 months. Finally, the suspension of your license will last up to two years, unless you install an ignition interlock device in your vehicle.

As you can see, the penalties you can face for a DUI in California are incredibly intense. That is why it’s critical to connect with an experienced criminal defense attorney when you are facing these charges. At O’Connor Law APC, our team understands how overwhelming it can be to navigate the legal system, which is why we are committed to fighting for the best possible outcome for your circumstances. Contact us today to learn more.