In California, the operation of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is considered driving under the influence (DUI). California’s implied consent laws require that you submit to chemical testing if lawfully arrested for suspicion of DUI. DUI testing refusal can result in penalties separate from the DUI charge, including license suspension.
During a DUI traffic stop, law enforcement will look for signs of impairment, such as erratic driving, slurred speech, or the smell of alcohol. Field sobriety tests and/or preliminary alcohol screening (PAS) tests may be conducted. Frequently, failing these tests leads to arrest and more formal testing like blood or breath tests.
California also has DUI zero-tolerance laws for drivers under 21. If someone under 21 is caught driving with a BAC of 0.01% or higher, they may face penalties even if they aren’t noticeably impaired.
Is a First Time DUI a Felony?
Generally, a first-time DUI in California is not classified as a felony unless it involves special circumstances, such as causing injury or death to another person. Such cases usually qualify for DUI sentence enhancement. Usually, a first-time DUI is a misdemeanor that carries penalties such as fines, probation, and mandatory alcohol education programs. However, DUI laws are continually evolving, and new legislation can change the severity of the offense.
What Is Needed to Prove a California DUI First Offense?
To secure a DUI conviction in California, the prosecution must prove that:
- The defendant was driving a vehicle;
- At the time of driving, the defendant was under the influence of alcohol or drugs or had a BAC of 0.08% or higher.
Evidence often includes officer observations, results from field sobriety tests, chemical tests, and sometimes witness testimony.
Are There Any Defenses for a DUI First Offense?
There are several defenses that can be used to contest a DUI charge:
Improper Stop
Arguing that the initial traffic stop was unjustified can be a strong defense if successfully proven. Law enforcement officers must have “reasonable suspicion” to pull over a vehicle. This means that the officer must observe some violation of the law or some pattern of suspicious behavior that justifies a stop, such as speeding, swerving, or running red lights.
If the defense can show that the initial stop was not warranted by reasonable suspicion, then evidence gathered during the stop may be deemed inadmissible. This can lead to the case being dismissed or charges reduced. However, it’s crucial to note that “fishing expeditions” by the police, where they stop someone without cause to check for DUI, are generally not allowed.
Inaccurate Tests
There are multiple points at which the tests conducted during a DUI arrest can be challenged:
- Field Sobriety Tests (FSTs): These are subjective and often rely on the officer’s interpretation. The defense can argue that environmental conditions, such as uneven ground or poor lighting, contributed to the failure. Furthermore, inherent physical conditions or disabilities can also be cited.
- Chemical Tests: Blood and breath tests must be conducted using accurate, calibrated instruments. The defense can challenge the calibration logs or argue that the test was conducted incorrectly. Timing is also crucial; a test done hours after the arrest might not accurately reflect the BAC at the time of driving.
Medical Conditions
Some medical conditions can create false positives or mimic signs of intoxication:
- Hypoglycemia and Diabetes: These conditions can cause symptoms like slurred speech and disorientation, which could be mistaken for intoxication.
- Gastroesophageal Reflux Disease (GERD): This can lead to “mouth alcohol,” which might skew breath test results.
- Neurological Issues: Conditions like epilepsy or other seizure disorders can mimic intoxication.
Medical records and expert testimony can be used to support such defenses.
Chain of Custody
The “chain of custody” refers to the documentation or paper trail that records the seizure, custody, control, transfer, and analysis of physical or electronic evidence. For example, in a DUI case, this could apply to how a blood sample was handled from the moment it was drawn to its analysis in the lab.
If there’s a break in this chain, or if the evidence was mishandled at any point, the defense can argue that the evidence is compromised and should be deemed inadmissible. Successfully challenging the chain of custody could weaken the prosecution’s case substantially, possibly leading to a dismissal or reduced charges.
Duress or Necessity
While rarely used, the defense of “Duress” or “Necessity” claims that the defendant had to drive to avoid a greater evil, such as a threat to their life or someone else’s. This defense requires the defendant to prove that they had no other viable options and that they stopped driving as soon as the necessity ended. However, this is a complex defense that needs to be presented carefully to be successful.
Entrapment
Entrapment occurs when law enforcement officials induce a person to commit a crime they would not have committed otherwise. This defense is hard to prove, especially since the standard for what constitutes entrapment is quite high. The defendant must show that the idea of committing the crime originated with the police and not with them.
Mistake of Fact
This defense argues that the defendant had a reasonable, though mistaken, belief that they were not impaired. For instance, if someone took a medication without knowing it would significantly impact their ability to drive, they might employ a “Mistake of Fact” defense. However, the belief must be genuinely reasonable to be considered valid.
No Actual Physical Control
To be convicted of DUI, the defendant must be in “actual physical control” of the vehicle. This defense argues that the defendant was not in control of the vehicle when arrested. For example, if a person was found intoxicated in a parked car with the engine off, they might argue they were not in “actual physical control” of the vehicle.
Police Misconduct or Bias
In some cases, the defense may focus on alleged misconduct or bias on the part of the arresting officer or the agency they represent. This could include racial profiling, lack of proper training in administering sobriety tests, or any demonstrable prejudice against the defendant. Evidence of such behavior could lead to the dismissal of charges.
Can a First-Time DUI Be Dismissed?
While it’s difficult to get a DUI charge dismissed, it’s not impossible. Strong legal arguments, procedural mistakes by law enforcement, or a lack of evidence can lead to charges being dropped or reduced.
Expungement
After a certain period and under specific conditions, you may be eligible to expunge a DUI conviction from your record. An expungement can make it easier to seek employment but doesn’t entirely erase the conviction; it can still count as a prior offense if you’re charged with another DUI later. A local California attorney can help you determine if and when you are eligible for expungement.
Do I Need a Lawyer for a First-Offense DUI in California?
Facing a DUI charge is serious and could have lasting implications on your life. Having an experienced California DUI lawyer gives you the best shot at a favorable outcome. LegalMatch can connect you with a local California attorney well-versed in DUI laws to evaluate your case and discuss the best course of action for you.
LegalMatch can help you find the right lawyer to handle your California DUI case and work towards the best possible outcome for your case.
