Driving under the influence (DUI) doesn’t just mean drinking alcohol and getting behind the wheel. In California, DUIs encompass various substances, including alcohol, marijuana, and prescription drugs. Each type carries unique legal considerations, penalties, and defense strategies. Understanding the types of DUIs can help you make informed decisions and protect your rights if you’re facing charges.

At Confianza Legal, we’ve helped countless clients navigate DUI charges for over thirty years. Our latest guide will walk you through the different types of DUIs, what the law says about them, and what to do if you’re charged. Read on to discover more about your rights behind the wheel.

What Are the Types of DUIs in California?

California law defines DUI as operating a vehicle while impaired by alcohol, drugs, or a combination of both. Here’s a breakdown of the types of DUIs:

1. Alcohol DUIs

Alcohol is the most common substance involved in DUI cases. If your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.04% for commercial drivers and 0.01% for drivers under 21), you could be charged with DUI.

Common signs police might look for in a drunk driver include swerving or erratic driving, slurred speech or difficulty following instructions, and an odor of alcohol on your breath.

For an alcohol DUI first offense, you might find yourself facing fines up to $1,000, license suspension for 4-6 months, and possible jail time. Penalties for repeated offenses can include increased fines, mandatory DUI classes, ignition interlock devices, and longer jail sentences.

2. Marijuana DUIs

Driving under the influence of marijuana is also illegal, even if it was consumed for medical or recreational purposes. Unlike alcohol, there is no standardized limit like a BAC for marijuana impairment. Police might attempt to detect whether you are driving under the influence of marijuana using field sobriety tests, observations of red eyes, delayed responses, or the smell of marijuana, and blood or urine tests to detect THC levels

One challenge with marijuana DUIs is that THC can stay in your system long after its impairing effects have worn off. A skilled attorney can argue that THC detected in your system does not necessarily indicate impairment at the time of driving.

3. Prescription Drug DUIs

Prescription medications, even when legally prescribed, can impair your ability to drive and result in a DUI charge. This includes sedatives, painkillers, and even certain cold medications. Other examples of prescription drugs that can lead to DUI charges include opioids like oxycodone or hydrocodone, anti-anxiety medications like Xanax or Valium, and sleep aids such as Ambien.

As with marijuana, prescription drug DUIs present complications of their own. Unlike alcohol or marijuana, prescription drugs don’t have set limits to determine impairment. Officers may rely on field sobriety tests, which are often subjective and unreliable, or chemical tests to detect substances in your bloodstream. However, these techniques are not foolproof, and a skilled criminal defense attorney can argue that the results do not necessarily indicate that you were chemically impaired at the time of driving.

How Are DUI Cases Investigated?

Regardless of the type of DUI, law enforcement uses similar methods to determine impairment, including:.

  • Observational Evidence: Officers may note behaviors such as slurred speech, unsteady movements, or erratic driving.
  • Field Sobriety Tests: These tests include physical and cognitive tasks designed to assess impairment. However, they are often unreliable and can be influenced by factors like medical conditions or even nervousness.
  • Chemical Tests: Chemical tests measure BAC or detect substances in your blood or urine. Refusing these tests in California can lead to automatic penalties, including license suspension.

Do not panic if you feel like the evidence against you points to conviction. A skilled criminal defense lawyer can take into account the faults of these methods and craft a defense that has a good chance at saving your rights.

Penalties for Different Types of DUIs

The penalties for DUIs vary depending on the substance involved and whether it’s a first or repeat offense. However, all DUI convictions in California carry serious consequences.

Common penalties for DUI in California include but are not limited to:

  • Fines ranging from $390 to $5,000
  • Mandatory DUI education programs
  • License suspension or revocation
  • Jail or probation
  • An ignition interlock device placed on your vehicle

The penalties may be harsher if the DUI involves aggravating factors, such as causing an accident or having a child in the car, which can incur related charges including vehicular homicide or child abuse respectively.

How Can a Criminal Defense Lawyer Help?

If you’re facing DUI charges in California, having an experienced lawyer by your side can make a significant difference when it comes to protecting your future. Here are some of the ways a defense attorney can help defend your rights:

  • Challenging Evidence: An attorney can question the validity of field sobriety tests, chemical tests, or the officer’s observations.
  • Arguing for Reduced Charges: In some cases, your lawyer may negotiate to reduce your charges to a lesser offense, such as reckless driving.
  • Representing You in Court: If your case goes to trial, your attorney will build a strong defense to protect your rights and challenge the prosecution’s case.

Confianza Legal Can Help You Fight Your Charges And Defend Your Rights

At Confianza Legal, we understand that DUI charges can be life-changing. With over thirty years of experience, we have seen what the system can do to people who are not sufficiently thorough in their defense. Whether your case involves alcohol, marijuana, or prescription drugs, our experienced attorneys are here to help. We know the intricacies of California DUI laws and how to challenge the evidence against you.

If you’ve been charged with a DUI in California, don’t face it alone. Contact Confianza Legal today to schedule a free consultation and learn more about how we can help you navigate California’s complex DUI laws. Let us provide the guidance and representation you need to move forward and fight for your future.