Driving under the influence (DUI) is a serious offense that can significantly impact your life and the lives of those around you. According to the Centers for Disease Control and Prevention (CDC), 9,288 people were killed in California between 2009-2018 in crashes involving an alcohol-impaired driver.
In the face of a DUI charge, it’s crucial that you understand your rights so you can better protect your interests moving forward.
If you’re facing a DUI charge in or near Davis, CA, contact Pakpour Banks LLP to speak with a qualified Davis DUI lawyer as soon as possible. In the meantime, use our guide below to learn more about California DUI law and applicable defenses.
Our office is at 1712 Picasso Avenue, Suite B, in Davis. DUI cases arising in Davis are heard at the Yolo County Superior Court in Woodland.
DUI in Davis and Yolo County by the Numbers
According to the California Office of Traffic Safety, Davis law enforcement recorded 96 DUI arrests in 2023, up from 75 in 2021 and 40 in 2020. Across Yolo County, 179 people were killed or injured in alcohol-involved crashes in 2023, up from 155 in 2022.
Interstate 80, Interstate 5, and Highway 113 carry heavy traffic through Yolo County, and a DUI stop in the Davis area can involve several agencies, including the Davis Police Department, the UC Davis Police Department on campus, the California Highway Patrol, or the Yolo County Sheriff’s Office.
An Arrest Is Not the End of the Story
A DUI Charge Is Stressful. You Do Not Have to Handle It Alone.
An arrest can bring real worry about your license, your job, and your future, and some deadlines start running right away. Pakpour Banks LLP in Davis can explain what you are facing and talk through your options. Schedule a consultation and get clear answers without judgment.
Schedule a ConsultationCalifornia DUI Law: An Overview
As in other states, California Vehicle Code Section 23152(a) prohibits the operation of a motor vehicle by a person who is impaired by alcohol. Specifically, any person having a blood alcohol concentration (BAC) of 0.08% or more will be considered driving under the influence for the purposes of this section.
However, California law imposes even more stringent requirements for drivers of a:
- Commercial motor vehicle, or
- A motor vehicle carrying a passenger for hire.
Such drivers may not have a BAC of 0.04% or more.
Additionally, it’s important to note that California DUI law does not apply only to those driving under the influence of alcoholic beverages. Pursuant to California Vehicle Code Section 23152(f), it is also unlawful for any person under the influence of any drug to drive a motor vehicle.
Penalties
Penalties for violating California DUI laws can range from relatively minor to severe and will depend on factors such as:
- The specific BAC percentage,
- The existence of any prior DUI convictions on your record, and
- Whether anybody was injured as a result of the accident.
The more egregious the circumstances surrounding the DUI, the more severe the penalties will likely be.
For example, according to California Vehicle Code § 23536, a conviction for a first violation of Vehicle Code Section 23152 is punishable by imprisonment in county jail for at least 96 hours but no more than six months. Additionally, such a conviction will result in a fine of at least $390 but not more than $1,000. A second offense within 10 years can result in a fine plus up to one year in county jail. However, if a DUI conviction occurs within 10 years of three or more separate DUI convictions, the individual must also have their license revoked by the Department of Motor Vehicles.
Where Davis DUI Cases Are Handled
Court. Misdemeanor DUI cases are handled by the Criminal Division of the Yolo County Superior Court, 1000 Main Street, Woodland, CA 95695. The Criminal Division can be reached at (530) 406-6705, and the court’s phone and window hours are 8:00 a.m. to 4:00 p.m. Cases that begin in Davis are still heard in Woodland.
Prosecutor. DUI cases are prosecuted by the Yolo County District Attorney’s Office, 301 Second Street, Woodland, CA 95695. Its DUI unit, formed in 2012 with grant funding from the Office of Traffic Safety, handles the most serious DUI cases, including those involving injury or death.
Your driver’s license is a separate case. A DUI arrest starts two proceedings: the criminal case in court, and an administrative case with the California DMV. You generally have only 10 days to request a DMV hearing to challenge the suspension of your license, and the temporary license issued at your arrest is valid for 30 days. Missing the 10-day deadline can cost you the chance to contest the suspension.
DUI programs. If you are convicted, the court and DMV will refer you to a state-licensed DUI program. Yolo County has licensed programs in Woodland.
Underage DUI Laws in California
Notably, California imposes a zero-tolerance DUI policy for individuals under the age of 21. According to California Vehicle Code § 23136, it is unlawful for anyone under the age of 21 to have a BAC of 0.01% or greater.
However, if a person under the age of 21 has a BAC of 0.05% or more, they will be subject to even more severe consequences. In addition to the other penalties for DUI, underage DUI convictions can also result in:
- Required attendance in a licensed driving-under-the-influence program,
- Suspension and surrender of the driver’s license to the court,
- Required participation in a Youthful Drunk Driver Visitation Program, and
- Completion of an alcohol or drug education program.
In addition to these and other legal consequences, it’s important to remember that underage DUI can also lead to things like higher insurance rates and difficulty obtaining employment or college admission moving forward. Accordingly, be sure to consult with an experienced criminal defense attorney to discuss your options and better protect your future.
Common DUI Defenses in California
A DUI conviction can result in a wide range of penalties. However, just because you’ve been charged with DUI doesn’t mean that you have no defense.
Some common defenses in a Davis DUI case include challenging:
- The validity and reliability of any breathalyzer test results obtained and used as evidence against you,
- The legality of the underlying traffic stop that ultimately led to your DUI charge, or
- The results and procedure used for any field sobriety test administered by law enforcement before your arrest.
As with other criminal charges, the prosecution has the burden of proving its case against you beyond a reasonable doubt. A skilled Davis DUI Lawyer can use these and any other applicable defenses to help suppress evidence, get your charges dismissed, mitigate your sentence, or cast doubt on the prosecution’s case so the jury finds you not guilty at trial.
DUI Charges in Davis: Common Questions Answered
For most adult drivers, a blood alcohol concentration of 0.08% or higher is unlawful (Veh. Code § 23152(b)). The limit is 0.04% for commercial vehicle drivers and for drivers with a passenger for hire (§ 23152(d), (e)), and 0.01% for drivers under 21 (§ 23136). Lower readings can still support a charge in some situations.
Yes. Driving under the influence of alcohol is prohibited regardless of BAC (Veh. Code § 23152(a)), so impairment can be charged without a 0.08% reading. Driving under the influence of any drug, or of alcohol and a drug combined, is also prohibited (§ 23152(f), (g)). Prosecutors must still prove their case beyond a reasonable doubt.
A first-offense conviction under Veh. Code § 23536 carries 96 hours to six months in county jail and a $390 to $1,000 fine, plus a license suspension. Probation, if granted, runs three to five years (§ 23600). Assessments, fees, and other conditions can raise the total cost, and penalties vary with BAC, injuries, and prior convictions.
A conviction with a qualifying prior within 10 years carries 90 days to one year in county jail and a $390 to $1,000 fine, plus a DMV license suspension (Veh. Code § 23540). Because prior convictions change the stakes, have an attorney review your record before you make any decisions about a plea.
Possibly, even before your court case ends. The DMV can administratively suspend your license after an arrest at 0.08% or higher, based on the officer’s report (Veh. Code § 13353.2). That DMV process is separate from the criminal case, and you can request a hearing to challenge the suspension (§ 13558).
You generally have 10 days from receiving the notice of suspension to ask for a DMV hearing, and the DMV must receive or postmark your request within 10 days of service to get a hearing before the suspension takes effect (Veh. Code § 13558). A request does not by itself stop the suspension, so act right away.
A driver lawfully arrested for DUI is deemed to have consented to a breath or blood test (Veh. Code § 23612). Refusing a requested test brings a one-year license suspension for a first refusal (§ 13353), and the refusal can be used against you in court. You have no right to an attorney before choosing a test.
Drivers under 21 face a zero tolerance rule: a BAC of 0.01% or higher is unlawful (Veh. Code § 23136), and the DMV must suspend driving privileges on that basis (§ 13353.2). A lawfully detained under-21 driver is deemed to consent to a screening or chemical test. Regular DUI charges can also apply.
Common defenses question whether the traffic stop was legal, whether field sobriety tests were properly given, and whether breath or blood results are reliable. A chemical test within three hours of driving creates only a rebuttable presumption (Veh. Code § 23152(b)), and the prosecution must prove guilt beyond a reasonable doubt.
Treat it as two cases: the criminal charge and the DMV suspension. Note the 10-day DMV hearing deadline, keep your notice and temporary license paperwork, and write down what you remember while it is fresh. Talk to a criminal defense attorney before making decisions, since early choices can affect both cases.
How a Davis DUI Lawyer Can Help You
While you may not be legally required to have an attorney for your Davis DUI case, hiring one to represent you is often one of the most beneficial things you can do for your defense. For example, a qualified Davis DUI attorney can help you with the following:
- Gather, compile, and evaluate any evidence relevant to your defense,
- Analyze your potential defenses,
- Challenge the accuracy and validity of any test results and other evidence that the prosecution plans to use against you,
- Interview and depose potential witnesses who may be able to testify on your behalf,
- Negotiate with the prosecution in an effort to reach a plea deal depending on the strength of the prosecution’s case, and
- Prepare for and take your case to trial if necessary.
The consequences of a DUI conviction can drastically impact both your personal and professional life. So it’s imperative to give yourself the best chance at success possible in defending the charges against you. By hiring seasoned legal counsel for your defense, you can greatly improve your chances of success.
Pakpour Banks LLP: Your Davis DUI Attorney
If the State has charged you with DUI, you are likely looking for a zealous advocate to defend your rights. You don’t need to look any further than Pakpour Banks LLP. Our team of attorneys is dedicated to protecting the rights of our clients in and near Yolo County, and we hope we have the opportunity to fight for you too. Contact us today to request a case evaluation and see what our team can do to help you move forward.