Driving under the influence (DUI) is a serious crime in California, and if you are arrested for a DUI, you may face multiple charges or penal codes. Many individuals are often confused or concerned when they get charged with more than one DUI penal code after being arrested. It is important to understand the different penal codes or charges for a DUI, as they are for different DUI circumstances and situations. In this article, we will discuss why someone might get charged with more than one DUI penal code, what all the different penal codes or charges for a DUI are, and when those charges or penal codes might be used.
There are several reasons why someone might get charged with multiple DUI penal codes. For example, if you are arrested for a DUI, you may face separate charges for driving under the influence of alcohol and driving under the influence of drugs. Similarly, if you are involved in an accident while driving under the influence, you may face additional charges related to the accident, such as reckless driving or vehicular manslaughter.
It is also possible to get charged with multiple DUI penal codes if you have previous DUI convictions. California has a "lookback period," which means that if you have a previous DUI conviction within a certain number of years, the penalties for subsequent DUI convictions will be more severe. For example, if you are arrested for a second DUI within ten years of a previous DUI conviction, you may face increased fines, longer jail time, and mandatory installation of an ignition interlock device on your vehicle.
There are several different penal codes or charges for a DUI in California. The most common charges are:
California Vehicle Code Section 23152(a) VC defines DUI as driving under the influence of alcohol and/or drugs. If you are arrested for a DUI, the prosecutor will have to prove that you were impaired by alcohol and/or drugs while operating a vehicle. This can be done through various pieces of evidence, such as a breathalyzer or blood test, field sobriety tests, and officer observations.
California Vehicle Code Section 23152(b) VC is often referred to as the "per se" DUI law. This law makes it illegal to operate a vehicle with a BAC of 0.08% or higher. If you are arrested for a DUI, the prosecutor can charge you with both sections 23152(a) and 23152(b) VC.
In addition to the two standard charges mentioned above, there are several other DUI charges that you may face depending on the circumstances of your arrest. These charges include:
- DUI Causing Injury is a more severe charge that is filed when a DUI results in bodily injury to another person. This charge can be filed as a felony or a misdemeanor, depending on the extent of the injuries.
- Felony DUI is filed when someone is arrested for a fourth DUI within ten years or if the DUI results in death or serious bodily injury to another person.
- Underage DUI is filed when someone under the age of 21 is arrested for driving with any detectable amount of alcohol in their system.
- DUI with a Commercial Driver's License (CDL) is filed when a commercial driver is arrested for driving under the influence. The legal limit for a CDL holder is 0.04% BAC, which is lower than the standard limit of 0.08%.
- DUI with a Prior is filed when someone is arrested for a DUI and has a prior DUI conviction within the past ten years. The penalties for a DUI with a Prior are more severe than for a first-time DUI offense.
If you are arrested for a DUI in California, it is important to understand the different penal codes and charges that you may face. Depending on the circumstances of your arrest, you may face multiple charges or penal codes. It is important to work with an experienced DUI lawyer or criminal defense attorney to build a strong defense and fight the charges against you. By understanding the charges and penalties associated with a DUI, you can make informed decisions about your legal options and work towards a positive outcome in your case.