Driving under the influence (DUI) of drugs or alcohol is a serious offense in California and can result in severe consequences. Unfortunately, many people are misinformed about the state’s DUI laws and penalties, leading to confusion and misinterpretation. This blog aims to dispel some of the common misconceptions surrounding California’s DUI laws and penalties.
Misconception 1: A first-time DUI is only a minor infraction.
Fact: A first-time DUI is a criminal offense that can result in significant penalties, including jail time, fines, license suspension, and mandatory classes. The severity of the penalties depends on the specific circumstances of the case, such as the individual’s blood alcohol concentration (BAC) level, prior convictions, and any accidents or injuries that may have occurred.
Misconception 2: You can only be charged with DUI if you’re over the legal limit.
Fact: The legal limit in California is .08% BAC, but an individual can still be charged with DUI even if their BAC is lower than the legal limit. If a driver’s ability to operate a vehicle is impaired due to drugs or alcohol, they can be charged with DUI regardless of their BAC level.
Misconception 3: You can’t refuse a Breathalyzer test.
Fact: While you can’t refuse a chemical test during a lawful arrest, you can refuse a preliminary alcohol screening (PAS) test, which is often given during a traffic stop. However, refusing a PAS test can result in an automatic license suspension.
Misconception 4: A DUI conviction can’t be expunged from your record.
Fact: While a DUI conviction can’t be completely erased from your criminal record, it may be possible to have it reduced to a wet reckless charge. A wet reckless charge is a lesser offense and may result in less severe penalties.
In conclusion, it’s important to be aware of the realities of California’s DUI laws and penalties. If you have been charged with DUI, it’s crucial to seek the help of an experienced DUI defense attorney. As an expert DUI defense attorney in Monterey County, I have handled hundreds of DUI cases and can provide a free case evaluation to help you understand your rights and options. Don’t hesitate to contact my office for a consultation today.