DUI Attorney in Long Beach, California

Driving under the influence (DUI) is one of the most serious offenses that a person can face in California. It can lead to severe legal, financial, and personal consequences that can affect your life for years.

If you’ve been accused of DUI, turn to McCready Law Group for dependable legal support. As an experienced DUI attorney in Long Beach, California, I’m here to help you understand everything from the legal definition of DUI to penalties, defenses, and the steps to take if you are arrested for DUI.

Contact McCready Law Group to see how a criminal defense attorney can help you with your DUI charge.

What Is DUI?

In California, DUI refers to driving under the influence of alcohol, drugs, or a combination of both. California Vehicle Code Section 23152(a) makes it illegal to operate a motor vehicle while impaired by alcohol, drugs, or controlled substances.

The law focuses on two key elements:

• Driving a motor vehicle: The defendant must be driving or operating a motor vehicle.

• Under the influence: The driver must be impaired by alcohol, drugs, or both, to the point that they are unable to drive with the same caution and care as an average person.

There are several types of DUI offenses under California law, and each one can lead to different penalties.

Types of DUI Offenses in California

DUI offenses can be divided into two main categories: standard DUI and drug-related DUI.

Alcohol-Related DUI (Vehicle Code § 23152(a))

This is the most common type of DUI. To be convicted of alcohol-related DUI in California, the prosecution must prove that you were driving a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, as reported by the Department of Motor Vehicles.

However, you can still be convicted of DUI even if your BAC is below 0.08% if you are found to be impaired by alcohol.

Drug-Related DUI (Vehicle Code § 23152(f))

California also enforces DUI laws for drivers impaired by drugs. This includes not only illegal drugs, such as marijuana or cocaine, but also prescription medications, over-the-counter drugs, or any substance that impairs a person's ability to operate a vehicle safely.

DUI With a BAC of 0.15% or Higher (Vehicle Code § 23578)

If your BAC is 0.15% or higher at the time of your arrest, you may face enhanced penalties, such as longer license suspensions and mandatory DUI education classes. This type of DUI offense may result in a harsher sentence.

DUI With Injury (Vehicle Code § 23153)

If you cause an accident while driving under the influence and someone is injured, you may face charges for DUI with injury. This is a more serious offense and can lead to felony charges if the injuries are severe or life-threatening.

Felony DUI (Vehicle Code § 23153)

If you have prior DUI convictions or if you are involved in an accident that causes significant injuries or death, you could be charged with felony DUI. Felony DUI convictions can result in lengthy prison sentences and significant fines.

BAC Limits in California

California has established legal limits for BAC levels that indicate when a person is presumed to be under the influence. These limits differ based on the type of driver:

• Standard drivers (21 years and older): A BAC of 0.08% or higher is considered driving under the influence.

• Commercial drivers: For drivers with a commercial driver’s license (CDL), the legal limit is lower, at 0.04% BAC.

• Underage drivers: For drivers under 21 years of age, any detectable amount of alcohol in their system can result in a DUI charge (typically 0.01% or higher).

• Drugged drivers: While there is no specific BAC for drugs, law enforcement officers will assess impairment based on physical symptoms and field sobriety tests.

Exceeding the above legal limits can result in strict penalties.

Penalties for DUI in California

The penalties for DUI in California can be severe and vary depending on several factors, including whether it's a first offense or a repeat offense, whether any injuries occurred, and the driver’s BAC. Below are the general penalties associated with a DUI conviction:

First Offense DUI Penalties

For a first-time DUI offense in California, the penalties are generally as follows:

• License suspension: A 6-month suspension of your driver’s license.

• Fines: Typically ranging from $390 to $1,000.

• DUI education program: Completion of a DUI education program (3 to 9 months in duration).

• Jail time: Jail time isn’t typically imposed for a first offense unless there are aggravating factors, such as high BAC or an accident.

• Probation: A term of informal probation for up to 3 to 5 years.

Second Offense DUI Penalties

If you have a prior DUI conviction within 10 years, a second DUI offense carries harsher penalties:

• License suspension: A 1-year suspension of your driver’s license.

• Fines: Increased fines ranging from $390 to $1,000.

• DUI education program: A longer DUI education program, usually 18 to 30 months.

• Jail time: Up to 96 hours of mandatory jail time, potentially more with aggravating factors.

• Probation: Probation for up to 5 years.

Third and Subsequent DUI Offenses

A third DUI offense within 10 years can lead to even more severe consequences, including:

• License suspension: A 3-year suspension of your driver’s license.

• Fines: increased fines, potentially up to $1,000.

• DUI education program: A 30-month DUI education program.

• Jail time: Up to 120 days of mandatory jail time.

• Probation: Probation for up to 5 years.

DUI With Injury Penalties

If you are convicted of DUI with injury, the penalties are much more serious. You may face:

• Prison time: Up to 4 years in state prison, depending on the severity of the injury and whether you are convicted of felony DUI.

• Fines: Significant fines, typically in the range of $5,000 or more.

• License suspension: A longer license suspension or revocation.

• Probation: Informal or formal probation depending on the case.

To reduce your risk of undeserved penalties for a DUI charge, it’s important to work with a knowledgeable DUI attorney in Long Beach. They can determine the most appropriate defense for your situation.

Common DUI Defenses

If you’re arrested for DUI in California, several defenses may be available to challenge the charges against you. These defenses can help reduce or even dismiss the charges entirely. Some of the most common DUI defenses a DUI attorney in Long Beach may use include:

Improper Traffic Stop

For a DUI arrest to be valid, law enforcement officers must have a reasonable suspicion to pull you over. If the officer didn’t have a legitimate reason for stopping your vehicle, evidence obtained during the stop may be inadmissible.

Faulty or Unreliable Breathalyzer Tests

Breathalyzer tests are commonly used to measure BAC levels, but they can be inaccurate due to improper calibration, faulty equipment, or failure to follow proper procedures. If the test was improperly administered or malfunctioned, it could lead to a dismissal or reduction of the charges.

Medical Conditions or Medications

Certain medical conditions or medications may cause symptoms similar to impairment, such as slurred speech or poor motor coordination. If you weren’t actually under the influence, but rather suffering from a medical issue, this can serve as a defense.

Field Sobriety Test Issues

Field sobriety tests aren’t always accurate indicators of impairment. A person’s physical condition, weather conditions, or other factors can influence the outcome of these tests. If the tests were improperly administered or your performance was impaired by something unrelated to alcohol or drugs, this could help in your defense.

Inaccurate Blood Tests

Blood tests are generally more accurate than breath tests, but they are still subject to errors. If the blood sample was contaminated, improperly handled, or tested incorrectly, this could provide a basis for challenging the results.

A dependable lawyer can help you better understand the defenses available to you and the right steps to take following a DUI arrest.

What to Do if You’re Arrested for DUI in California

If you’re arrested for DUI, it's important to take the following steps to protect your rights and increase your chances of achieving a favorable outcome:

Remain Silent and Request an Attorney

You have the right to remain silent when arrested. Avoid making any statements to the police that could incriminate you. You should also request an attorney as soon as possible. An experienced DUI attorney in Long Beach can help guide you through the legal process and protect your rights.

Attend Your DMV Hearing

In California, if you’re arrested for DUI, the Department of Motor Vehicles (DMV) will begin the process of suspending your driver’s license. You have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension. It’s essential to take advantage of this hearing to contest the suspension and protect your ability to drive.

Follow the Court’s Orders

If you’re charged with DUI, you will likely be required to attend court hearings, pay fines, complete DUI education programs, and possibly serve jail time. It's essential to comply with all of the court’s orders to avoid further penalties or complications.

Consider DUI Diversion Programs

In some cases, individuals facing their first DUI offense may be eligible for DUI diversion programs. This can help you avoid a conviction on your record if you successfully complete the program. Contact McCready Law to discuss this option with me.