Driving Under the Influence
Driving Under the Influence is perhaps the most commonly charged crime in Riverside County. DUI's can be based on alcohol consumption, use of drugs including Marijuana and prescription medication, or a combination of both. Because of the serious danger to the public, DUI's are heavily enforced and prosecuted in Riverside County, as they are elsewhere.
DUI's range in severity and punishment depending on whether there are injuries. Additional punishments attach for each additional DUI. First time DUI's with no injuries are charged as misdemeanors under CA Vehicle Code 23152. DUI's causing injuries are charged under CA Vehicle Code 23153. A 4th DUI within 10 years will generally be filed as a felony. There is a 10 year "washout rule" where a simple DUI does not count as a prior DUI if it did not occur within the last 10 years. However if someone has a felony DUI on their record, any future DUI can be filed as a felony. If the injuries are significant, the prosecution will charge an enhancement for Great Bodily Injury or GBI. Each GBI enhancement carries a potential 3 year additional prison term. If DUI's cause death, the case can be filed as a homicide under CA Penal Code 187.
For alcohol DUI's, there are two counts: the "a" count and the "b" count. Under CA Vehicle Code 23152(a), if a person is impaired by alcohol and is unsafe to drive, regardless of the BAC, the driver is in violation of the "a" count. Under CA Vehicle Code 23152(b), if a person's BAC is at or above a .08 at the time of driving, the driver is in violation of the "b" count, even if they are not really impaired. This means that even if a person does not demonstrate signs of impairment like poor balance, bad driving, or poor performance on field sobriety tests (FSTs), they are still guilty of the offense simply because their blood alcohol level is at or above a .08 at the time of driving. The two different counts are designed to create alternative theories and to increase the chances of convicting someone of a DUI.
There are several common defenses for DUI's. The "driving defense" involves disputing whether the accused person was the actual driver or not. There are certain scenarios where this defense could be effective, particularly when no one observed the driving or can clearly identify the driver. However, DUI's typically involve traffic stops where the driver is found behind the wheel.
A more common defense is to argue that the accused person was not impaired, or that the blood alcohol level was below the legal limit of a .08 at the time of driving. For example, the "rising defense" is an argument that even though the blood alcohol level was at or above a .08 at the time of the blood or breath test, earlier at the time of driving the blood alcohol level, or BAC, was lower because all of the alcohol had not been absorbed into the bloodstream yet when the driving occurred. It is easier to challenge impairment with drug DUI's, because there are no set levels that indicate impairment, unlike the .08 or above for a person's blood alcohol level or BAC. The defense of challenging impairment and levels requires the use of expert witnesses and toxicologists.
The types of evidence that are commonly used by the prosecution to show impairment are bad driving, objective signs of intoxication such as slurred speech, blood shot eyes are an unsteady gate among others. Statements and admissions such as a drinking history are also significant. Field sobriety tests also can provide indications of impairment. The chemical test, either blood or breath, is a key piece of evidence in any DUI case.
In DUI cases involving injuries, another defense strategy could be to argue that whether or not the accused is under the influence, they did not cause the accident or injuries. An example would be if driver A is driving with alcohol or drugs in their system, but driver B comes into driver A's lane and causes the collision.
People who are pulled over for a potential DUI are not obligated to perform field sobriety tests, and providing an exact drinking or drug use history almost always helps the prosecution. However, by law a driver is required to submit to a chemical test on a DUI arrest. If someone refuses, law enforcement can obtain a "McNeely warrant" to forcibly draw a DUI suspect's blood. A refusal also leads to a one year DMV license suspension for the first refusal, and longer suspensions for each additional time a suspect refuses to submit to a chemical test.
Ultimately, the best defense for DUI cases is to not drive with any alcohol or drugs in one's system. Uber is far more affordable than a Jury Trial, defense attorneys, and expert witnesses. However, if you or a loved one is arrested for a DUI, you need an experienced criminal defense attorney. Please contact Alavi Law for a free and detailed consultation for your case.
