A Marin County DUI Attorney Discusses DUIs In California 

An accusation of drunk driving can change your life in an instant. If you are convicted of DUI in California, you could face heavy fines, driver’s license suspension, or even jail time. Even more frustrating is that the events of just one night—just one simple mistake—can lead to lasting consequences for you and those you love. When it comes to DUI, the deck is stacked against you. When you’re facing an uphill climb, it’s tempting to accept your fate. Don’t do it. Since 2000, a Marin County DUI attorney at Brownstein Law Group, P.C., has taken a different approach to criminal justice by providing residents of the Bay Area and the rest of California with honest counsel and aggressive advocacy. You need to level the playing field after a DUI accusation, and we’re ready to help. Set up a free consultation at our office, centrally located in San Rafael, to begin the process of defending your rights and protecting your future.

How Can You Receive a California DUI?

DUI is taken seriously in our state. First, the police need probable cause to make a traffic stop. Probable cause can include almost anything, even factors unrelated to DUI, such as a headlight that is out. However, police officers in San Rafael, San Francisco, and throughout California are specifically trained to look for indicators of your impaired driving ability. Some examples they may look for include:

• Swerving your vehicle to correct its course
• Driving in the middle of two lanes (or drifting from side to side on the road)
• Nearly hitting something or someone
• Erratically hitting your brakes
• Making a rolling stop during a right turn, either at a red traffic light or a stop sign
• Driving too cautiously or slowly
• Turning too widely or narrowly

An ordinary traffic infraction can justify the police pulling you over and lead to being charged with DUI. 

Once you’ve been accused of a DUI, you’re typically charged with, at the very least, two separate counts according to the California Vehicle Code.

First, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Second, it is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle. In the case of a commercial driver, the blood-alcohol level at which a charge can be expected is substantially lower.

DUI vs. “DUI Per Se”

You may be wondering what the difference is between the two charges we just mentioned. “DUI per se” refers to having a blood alcohol content (BAC) of .08% or more. In other words, you are guilty of DUI by virtue of the fact that your BAC exceeds the legal limit. 

However, under California law, you can be convicted of DUI even if your BAC was less than .08% or if, for some reason, you did not take a breathalyzer test. For example, if the breathalyzer was not properly calibrated or the test was administered improperly, you could still be convicted of DUI if there is other evidence indicating that you were impaired to the extent that you could not drive safely. 

This is why you will be charged with two separate counts when charged with DUI. If the prosecution can’t prove DUI per se for some reason, they may still be able to convict you of DUI without the BAC evidence. Regardless, the prosecution must still prove their case. Your best chance of avoiding a conviction is to contact a Marin County DUI attorney as soon as possible. 

Underage DUI

California’s DUI laws are especially strict if you are under the age of 21. You can be charged with DUI with any alcohol in your system (.01% or higher) if you are under the age of 21. A DUI conviction can have severe consequences for young drivers—you could face disciplinary proceedings from your school, lose scholarships, or lose your job. Furthermore, the consequences of your conviction could follow you for years, long after you have paid your fines and satisfied the other penalties. 

Commercial Drivers

Commercial drivers are also subject to stricter DUI laws than other drivers. Commercial drivers can be charged with DUI with a BAC of only .04% in the following situations: 

• You hold a CDL and were driving a commercial vehicle at the time you were pulled over
• You were driving a “passenger for hire” vehicle and were transporting a passenger at the time you were pulled over

Felony DUI

Most DUI charges are misdemeanors, but you can face a felony DUI charge in the following situations: 

• You have a prior DUI felony conviction
• You have three prior non-felony DUI convictions within the last 10 years
• You injured or killed another person while driving under the influence

A felony DUI charge is a very serious offense that could result in incarceration. There is almost no hope of getting a fair outcome if you do not have legal counsel. Get the help you need by working with an experienced Marin County DUI attorney.

Driving Under the Influence of Drugs

It is also against the law to drive while under the influence of drugs. Unlike alcohol, however, there is no threshold amount that will determine whether or not you will be charged. Instead, California law makes it illegal to drive while under the influence of any drug. 

Drivers should also be aware that it is against the law to drive under the influence of marijuana, even though marijuana is legal. You can be charged with DUI if you test positive for any amount of marijuana in your blood and the officer believes that you were impaired at the time you were driving. 

It is important to understand that drug-related DUI charges typically rely upon a blood test. The results of your drug test may be challengeable. A Marin County DUI attorney can thoroughly investigate the evidence against you as part of your defense. 

A DUI Conviction Can Carry Harsh Consequences

If you are convicted of DUI, you could be facing any of the following penalties: 

• Incarceration
• Fines
• Probation
• Suspension or revocation of your driving privileges
• Mandatory DUI classes
• Installation of an interlock device on your vehicle
• Mandatory alcohol or drug counseling

You Need a Marin County DUI Attorney Even if This is Your First DUI Charge

Even first-time DUI offenses can result in harsh penalties. While it is only a misdemeanor charge, it is punishable as follows: 

• Up to 6 months in jail
• A fine of up to $1,000
• A license suspension of up to 10 months followed by restricted driving privileges

Many first-time offenders avoid jail, but you can still expect probation, fines, a suspension of your license, and mandatory DUI classes. If dismissal is not an option, your lawyer can at least help you get a fair outcome. 

Aggravating Factors

Even if it’s your first offense, various factors can increase the penalties you may be facing. These factors include the following:

• You had a BAC of .15% or higher
• You refused to submit to a chemical test
• You caused an accident
• You were driving at an excessive speed
• You had a child under the age of 14 in the car
• You were driving with an open container
• You were belligerent toward the officers

If any of these factors were involved in your case, get help immediately by contacting a Marin County DUI attorney. 

Understand Your Options

Facing a DUI charge can be overwhelming. Do not lose hope. You do not have to plead guilty or accept whatever plea deal the prosecutor has offered. Before doing anything, consult with a Marin County DUI attorney. They can explain your options and what course of action may be in your best interest: 

• Pleading guilty
• Negotiating a plea bargain
• Fighting your charges and going to trial

If you plead guilty, you lose all of your options. An experienced DUI lawyer can help you get the best possible outcome in your case. 

DUI Defense in the Bay Area

The government needs very little evidence to charge you with a crime. As a result, you may feel that you have little to no chance of avoiding a DUI conviction. But this doesn’t have to be the case. Just because you were arrested does not mean that you are guilty. In order to convict a person of DUI, the government has to prove beyond a reasonable doubt each of the following elements:

• You were actually driving;
• A vehicle; and
• While under the influence.

There are many legal, factual, and scientific defenses to a DUI charge. Our team at Brownstein Law Group, P.C.has over four decades of combined experience in exploring the many defenses available and exposing the weaknesses in the government’s case. To us, fighting for your future is personal.

If you have been charged with DUI in Marin County, San Francisco County, Sonoma County, or the greater Bay Area, don’t hesitate to set up a free consultation with us. The sooner you reach out to our DUI attorneys, the sooner we can start protecting your rights and getting you back on the road.

A Marin County DUI Attorney Can Help Fight For Your Rights If You Are Facing Charges

No matter when, where, or why you got pulled over for drunk driving, don’t allow one mistake to ruin your life. When a DUI threatens to impact your personal reputation, your professional prospects, and more, contact a Marin County DUI attorney. We help clients fight their DUI charges in San Francisco, San Rafael, Novato, Petaluma, and the rest of the greater Bay Area.