California DUI Myths
Driving under the influence of drugs or alcohol is a serious offense in California and can lead to serious penalties. Unfortunately, many people don’t know the facts about DUI and the laws in California, leading to common myths about the offense and its consequences.
To be arrested and charged with a DUI, you must have a blood alcohol content (BAC) of 0.08% or higher. If you are driving a commercial vehicle, your BAC must be 0.04% or higher, and if you are under 21, your BAC must be 0.01% or lower.
It is important to note that you can still be arrested and charged with a DUI even if your blood alcohol content is below the legal limit. Law enforcement officers can use other evidence, such as your driving behavior, to determine if you are impaired. For example, if you are driving erratically or your vehicle is weaving, it is possible that you could be arrested for driving while intoxicated until they run tests later to determine if a substance is impairing your ability to drive.
Common California DUI Myths
Unfortunately, there are many myths about DUI in California that can mislead people into thinking they can get away with it. Some of the most common California DUI myths include:
- You cannot be arrested for a DUI if your BAC is below the legal limit.
- You cannot get a DUI for driving under the influence of marijuana.
- You cannot be charged with a DUI if you are not driving.
Debunking California DUI Myths
It is important to know the facts about California DUI laws to avoid making mistakes and facing serious penalties. Let’s take a look at some of the most common myths and debunk them.
Myth 1: You cannot be arrested for a DUI if your BAC is below the legal limit
This is a common myth, but it is not true. As mentioned earlier, law enforcement officers can use other evidence, such as your driving behavior, to determine if you are impaired. Even if your BAC is below the legal limit, you can still be arrested and charged with a DUI if the officer believes you are impaired.
In addition, if your BAC is above the legal limit, you can still be charged with a DUI. It is important to note that California has a “per se” law, which states that if your BAC is over the legal limit, you can be charged with a DUI. This means that even if you do not show any signs of impairment, you can still face criminal charges.
Myth 2: You cannot get a DUI for driving under the influence of marijuana
Another common myth is that you cannot be charged with a DUI for driving under the influence of marijuana. This is not true. In California, it is illegal to drive under the influence of drugs or alcohol, including marijuana. If you are found to be impaired by marijuana, you can be arrested and charged with a DUI.
The same penalties apply for driving under the influence of marijuana as for driving under the influence of alcohol. You can be arrested, charged, and convicted of a DUI if you are found to be driving while impaired by marijuana or any other substance.
Myth 3: You cannot be charged with a DUI if you are not driving
Another common myth is that you cannot be charged with a DUI if you are not driving. This is not true. Even if you are not driving, you can still be arrested and charged with a DUI if you are in actual physical control of the vehicle.
In California, “actual physical control” means that you have access to the vehicle and the ability to control it. This means that if you are sitting in the driver’s seat of the vehicle with the keys in the ignition, you can be arrested and charged with a DUI.
Penalties for a DUI in California
A DUI conviction in California can lead to serious penalties, including jail time, fines, and a suspension of your driver’s license. The penalties vary depending on the severity of the offense and the number of prior DUI convictions. For example, a first-time DUI offense can result in up to six months in jail, a $1,000 fine, and a six-month license suspension.
It is important to note that a DUI conviction can have long-term consequences, including the loss of driving privileges, difficulty finding a job, and higher insurance rates. A DUI can also stay on your criminal record, making it difficult to travel or obtain a visa.
How a DUI Lawyer Can Help
If you are facing a DUI charge in California, it is important to hire a competent DUI lawyer. A DUI lawyer can provide you with legal representation and help you navigate the criminal justice system. They can also help you understand the charges against you, the potential penalties, and the best steps to take to protect your rights.
A DUI lawyer will also be able to evaluate the evidence against you and determine the best defense strategy. They can also negotiate with the prosecutor to reduce the charges or get the case dismissed.
Conclusion
Driving under the influence of drugs or alcohol is a serious offense in California and can lead to serious penalties. Unfortunately, many people don’t know the facts about DUI and the laws in California, leading to common myths about the offense and its consequences. In this blog, we’ve looked at some of the most common California DUI myths and debunked them, so you can separate fact from fiction.
If you are facing a DUI charge in California, it is important to hire a competent DUI lawyer. A DUI lawyer can provide you with legal representation and help you understand the charges and potential penalties. They can also help you evaluate the evidence against you and determine the best defense strategy.
Remember, the best way to avoid a DUI charge is to not drive while impaired. If you are going to be drinking or using drugs, plan ahead and arrange for a sober ride home. If you have been charged with a DUI in California, contact our experienced DUI lawyers today.
Need an Attorney? CALL NOW: 310-274-6529
Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.
