Davis DUI Lawyers

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.     

California 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

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. 

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 LLPOur 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.