Most DUI charges are filed as misdemeanors, but there are circumstances where a DUI will be charged as a felony. The severity of a DUI charge will be determined by several key factors. If any injuries occur as the result of someone driving under the influence, then the driver may face a felony DUI charge. A driver’s charges can also be upgraded to a felony if they have three prior DUI charges in the past ten years or any other felony DUI charges on their record.
ANAHEIM DUI LAWYER
Defending Against DUI Charges in Southern California
If you or a loved one is facing criminal charges in Anaheim, CA, it can be stressful and overwhelming. If you are not familiar with how the legal system works, attempting to navigate criminal charges like a DUI on your own may seem hopeless. DUI charges can prove especially difficult because the penalties they carry are so severe and can impact every part of your life. If you are facing a DUI charge, you need an experienced, aggressive Anaheim DUI attorney on your side. Trust The Law Office of Jacqueline Goodman to help guide you through your DUI defense.
Call The Law Office of Jacqueline Goodman today at 714-879-5770 or contact us online to schedule a consultation with our DUI attorney in Anaheim.
California Traffic Laws
When you are operating any type of vehicle, it is your responsibility to ensure that you are as safe as possible. That extends beyond simple safe driving practices. It includes maintaining your vehicle, being aware of your surroundings, and keeping any passengers safe. California has countless traffic laws in place to ensure the safest conditions possible. Some of the most important laws concern:
- Distracted Driving: One of the best ways to avoid accidents and problems while driving is to make sure you eliminate as many distractions as possible. To combat distracted driving, California law restricts the use of cell phones while driving. An adult driver may use a hands-free device to make phone calls, but nothing else. Underage drivers are not permitted to use their phones while driving at all. If you are stopped for using your phone while driving, you will likely receive a ticket.
- Parking: It can be difficult to know where to park when you are out and about, particularly if you are in an area you are unfamiliar with. California uses a color-coded system, where curbs are painted various colors, to help drivers know where they are permitted to park in any given area. Parking violations, such as parking in a fire lane or blocking a handicapped area, can carry fines ranging from $20 to $500.
- Seatbelts & Car Seats: Passenger safety is also essential, particularly if those passengers are children. One law to ensure passenger safety is the requirement for every adult passenger to wear a seatbelt while in the vehicle. The laws for children are much stronger, with each type of car seat having specific guidelines that must be followed. Breaking seatbelt and car seat laws also carry penalties. If you are ticketed for not wearing a seatbelt, you will pay a fine of around $160. If car seats are not properly installed or used, the fine is almost $500.
While there are plenty of driving and traffic laws in place to ensure driver and passenger safety, some of the most important laws pertain to driving if you have been drinking or consuming drugs. DUI laws can carry some of the most severe penalties, depending on the circumstances surrounding the charges. Understanding the ramifications of violating these laws is essential to maintaining both personal and public safety on the roads.
SOMETIMES BAD THINGS HAPPENTO GOOD PEOPLE
You Need Jacqueline On Your Side
I am committed to providing my clients with the trusted counsel and aggressive defense they deserve. I believe in redemption and helping people get second chances. I devote a significant portion of my practice to criminal justice reform and I have provided pro bono representation in impact litigation to change the laws to benefit every Californian.
No one is perfect, and everyone has flaws. A mistake should not define you, and our Orange County criminal defense attorney is ready to fight to protect your future, no matter the charges. Attorney Jacqueline Goodman is here to get you out of this difficult situation and put you back in the position you were in before your trouble started!
What are the Penalties for a DUI Conviction in California?
California’s zero tolerance for underage drivers using alcohol means that if a driver under the age of 21 is arrested for DUI, they are likely to face harsh penalties for their first offense. If a law enforcement officer suspects that an underage driver has consumed alcohol, they can require them to take either a breath test or a preliminary alcohol screening. If any alcohol is detected in their system, they could have their license suspended on the spot for up to a year and could also be arrested on DUI charges.
Adult drivers may also face severe consequences, but those penalties are often determined based on the individual’s record and whether anyone was injured as a result of their impaired driving. Most DUIs will be considered misdemeanors, but that is not always the case. There are only three reasons why a DUI may be considered a felony.
- An injury. If another person is harmed as a result of the driver’s impairment, then they are likely to face felony charges connected with their DUI.
- A Prior DUI Felony Conviction. Any individual who already has a felony DUI on their record and gets caught again will automatically face more felony charges.
- 3 Misdemeanor DUIs in 10 Years. A pattern is beginning to emerge if an individual is arrested and convicted on DUI charges three different times in a ten-year span. If they are arrested a fourth time or more, then any DUI will automatically be classified as a felony.
If the DUI is charged as a felony, the penalties will be much harsher, but they will fall into the same categories as misdemeanor DUIs. Regardless of the severity of the incident, most DUI penalties will include:
- A fine of $400 to $1,000
- Jail time of up to several years
- The installation of an Ignition Interlock Device
- Mandatory attendance at DUI school
One common penalty is having an Ignition Interlock Device (IID) installed in an individual’s vehicle. It is a small device connected to the ignition of a vehicle that requires the driver to blow into it before the car will start. In many instances, an individual can either have the IID installed in the car that they regularly drive, or they can choose to have their license either suspended or restricted for a period of time.
Defenses Against DUI Charges
Common defenses against DUI charges, include the following:
- Improper Traffic Stop: Law enforcement must have reasonable suspicion to pull you over. If the stop was unlawful, the charges could be dismissed.
- Faulty Field Sobriety Tests: These tests are subjective and could be influenced by weather, medical conditions, or uneven surfaces.
- Inaccurate Breathalyzer Results: Breathalyzers can produce false positives due to improper calibration, medical conditions, or even certain foods and medications.
- Rising Blood Alcohol Defense: Your BAC may have been below the legal limit while driving but improved by the time the test was administered.
- Medical Conditions: Conditions like acid reflux, diabetes, or hypoglycemia can cause inaccurate BAC readings.
- Improper Police Procedures: If officers failed to follow proper procedures, such as not informing you of your rights, the case may be challenged.
- Lack of Probable Cause for Arrest: If the police officer arrested you without sufficient evidence of impairment, the case may be weakened.
- Mouth Alcohol Contamination: Alcohol from mouthwash, breath sprays, or dental work can interfere with breath test results.
- Blood Test Errors: Improper handling, storage, or contamination of blood samples can result in inaccurate BAC readings.
- Witness Testimonies: Passengers or witnesses may testify that you were not impaired while driving.
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What Is a DUI?
When an individual is charged with a DUI, it means that they were found to be “driving under the influence.” They chose to drive after consuming a substance that impairs their judgment and ability to function properly. The most familiar type of DUI charge is when an individual is caught driving drunk and receives a ticket for that offense. It is becoming more common, however, for DUI charges to also be given if the person is under the influence of drugs. It is important to note that there is no differentiation between legal and illegal drugs when it comes to a DUI. If any drug keeps you from being able to drive safely, it could earn you a DUI charge. California has enacted several DUI laws to reduce the risk of people driving while under the influence of any substance.
Understanding DUI Charges for Underage Drivers
Anyone under the age of 21 is not permitted to drink alcohol or consume certain drugs. These constraints extend to their driving experiences as well. California has a zero-tolerance policy for underage drivers and alcohol. Drivers who are under the age of 21 are not even allowed to have alcohol in their vehicle unless they have a legal adult with them and the alcohol is entirely unopened. There are significant penalties in place for most DUI convictions, but especially for underage drivers.
California DUI Laws
There are two primary laws in place that govern DUI offenses in California. Vehicle Code 23152(a) makes driving under the influence of alcohol illegal, while Vehicle Code 23152(b) restricts the legal blood alcohol concentration, or BAC, to anything lower than .08%. Each vehicle code pertains to a different circumstance. However, drivers who are charged with a DUI will usually be charged with both offenses.
The two main DUI laws deal specifically with driving under the influence of alcohol, but there is also a provision to include driving under the influence of drugs, or DUID. This can be more difficult to measure, but the general gauge is whether an individual can drive like a sober person due to the drugs. The drugs in question do not have to be illegal for a person to be given a DUID, so long as they impair judgment or motor skills.
Whether your DUI charge is due to alcohol or drugs, you will have to pay a fine and potentially face a harsher penalty if you are convicted. DUIs can be filed either as misdemeanors, which are lesser charges, or as felonies. Whether a DUI is a misdemeanor or a felony will be determined by how severe the violation is. The laws are much stricter when dealing with drivers who are underage.
2022 California DUI Law Updates
California takes DUI laws and penalties very seriously and regularly updates them to ensure that they are as effective as possible. A few updates to the DUI laws in 2022 include:
- DUI Treatment Programs: Completing a full treatment program following a DUI conviction may be mandatory for some drivers.
- High BAC is Aggravated: A blood alcohol concentration of more than 0.08% is considered a felony in California. A recent change states that any driver who has a BAC of 0.15% or higher will be charged with an aggravated DUI.
- IID Requirement: While IIDs are currently part of the penalties for a DUI, they are not always required. This places a stricter requirement on the installation and use of such devices for drivers convicted of a DUI.
DUI laws change frequently, so it is a good practice to check them on a regular basis so that you are up to date. If you are facing DUI charges and are unsure how to proceed, an Anaheim DUI defense lawyer can help.
DUI ATTORNEY FAQ'S
Anaheim, CA
The Law Office of Jacqueline Goodman: Your Anaheim DUI Lawyer
Facing a DUI charge can be overwhelming, mainly if you are not familiar with the legal system. You need the expert guidance of an experienced and aggressive defense attorney as you navigate the DUI process. With over two decades of experience as a criminal defense attorney, we can be your advocate and fight to ensure that you are treated fairly as you navigate your DUI charges. Contact The Law Office of Jacqueline Goodman today for assistance with any DUI-related legal cases.
Contact Our Anaheim DUI Defense Attorney Today
Any time you are facing criminal charges, it is in your best interest to hire an experienced defense attorney. For DUI charges, in particular, it is helpful to have the guidance and advice of an expert to ensure that your traffic stop was handled properly. They can assist you as you navigate the legal system. You do not have to face DUI charges alone.
Engaging a DUI defense attorney can profoundly affect the outcome of your proceedings. As skilled negotiators, they can potentially reduce charges or find faults in the procedures followed during your arrest, providing you an advantage. Moreover, a professional attorney is familiar with the local court systems and judges, offering tailored strategies to bolster your defense and safeguard your future.
Call The Law Office of Jacqueline Goodman today at 714-879-5770 or contact us online to schedule a consultation with our Anaheim DUI lawyer.