Driving Offenses

California criminalizes several traffic violations through its various statutes. They range from infractions, whose violations result in traffic tickets and fines, to misdemeanors and felonies. Unlike infractions, misdemeanors and felonies could require a trial. A conviction would result in significant penalties that include fines and possible imprisonment. Legal assistance from an experienced attorney familiar with driving offenses can help reduce or dismiss your charges. The outcome depends on the facts of your case. Contact the Koenig Law Office should you face any driving offenses in Bakersfield.

Driving Crimes vs. Driving Infractions

Driving crimes and infractions are two different offenses a person can commit while driving.

Driving infractions refer to minor traffic violations. Examples include running a red light, speeding, or failing to signal while making a turn. These violations are typically punishable by a fine or ticket. They do not result in imprisonment or a criminal record. The severity of the punishment depends on the nature and frequency of the violation. Infractions can add points to your driving record, leading to higher insurance premiums.

Conversely, driving offenses are more serious violations that could lead to criminal charges, fines, imprisonment, and a criminal record. Driving offenses include DUI (driving under the influence), hit-and-run accidents, reckless driving, and driving with a suspended or revoked license. These violations can impact an individual's driving history, job opportunities, and relationships.

While driving infractions and driving crimes can result in penalties, driving crimes are more serious offenses with more severe consequences. It is necessary always to follow traffic laws and drive safely to avoid committing any driving offenses.

Driving Crimes in California

Let us look at each crime as defined by the specific section of California law.

a) Driving Under the Influence of Alcohol (DUI)

DUI offenses are outlined under Vehicle Code 23152.

Vehicle Code 23152(a) makes driving illegal under the influence of any alcoholic beverage. Police officers could arrest anyone for DUI regardless of whether their blood alcohol concentration (BAC) is at or above the legal limit of 0.08%. All officers need to ascertain is that the driver was inebriated, thus impairing their ability to drive safely.

Note: Your ability to drive safely can be impaired even if your BAC is below the legal limit.

Vehicle Code 23152(b) prohibits driving a vehicle with a 0.08% or higher BAC. Therefore, if a driver has 0.08% or more, by weight, of alcohol in their blood while driving, they can be charged with violating this law.

Vehicle Code 23152(c) makes it illegal to drive a vehicle while addicted to any drug. Driving a car while addicted to the use of any drug is illegal.

Vehicle Code 23152(d) prohibits the operation of a commercial vehicle with a BAC of 0.04% or higher. According to this statute, you will face prosecution for driving a commercial motor vehicle with a BAC of 0.04% or more.

Vehicle Code 23152(e) addresses taxi, Uber, and Lyft drivers or any drivers driving under the influence of alcohol with a passenger for hire on board Vehicle Code 23152(e). It is a crime under this section for drivers to operate cars with a BAC of 0.04% with passengers on board.

Elements of the Crime

The prosecution is responsible for proving the allegations by providing evidence to the jury that establishes the following elements as facts beyond a reasonable doubt:

You were driving the vehicle at the time of the offense — Witness testimony, police observations, and other evidence can substantiate this claim.

You were under the influence of alcohol while driving — Prosecutors rely on the driver’s blood alcohol concentration in their system. Further, physical symptoms and behavior, including erratic driving, slurred speech, or uneven gait, are additional sources of evidence.

Penalties for Driving Under the Influence of Alcohol

Convictions for driving a car while under the influence of alcohol result in varying penalties depending on the following:

The actual offense
Your prior DUI convictions, and
Whether your inebriation led to a crash that resulted in the surviving victims sustaining physical injuries

Here is a look at the likely penalties.

First-time DUI Conviction

Summary or misdemeanor probation for 3 to 5 years instead of jail time
A maximum of 6 months in jail
A fine of between $390 and $1,000
A four-month driver's license suspension

Second DUI Conviction

A DUI conviction becomes a second offense if it occurs within ten years of the first.

Summary or misdemeanor probation for 3 to 5 years
96 hours to one year in jail
A fine of between $390 and $1,000
A two-year driver's license suspension

Third DUI Conviction

A DUI conviction becomes a third offense if it occurs within ten years of the second.

Summary or misdemeanor probation for 3 to 5 years
120 days to one year in jail
A fine of between $390 and $1,000
A three-year driver's license suspension

Fourth or Subsequent DUI Conviction

Your DUI conviction becomes a fourth violation if you commit the offense within ten years of your third prior DUI conviction. Fourth and subsequent DUIs are felonies. The penalties are harsher and include the following:

16 months, two or three years in prison
A fine of between $390 and $1,000
A five-year driver's license suspension

The District Attorney could pursue DUI cases that result in crashes and subsequent physical injuries to the victims as misdemeanors or felony violations. Convictions are punishable by the following penalties:

If you are convicted of a misdemeanor violation, a guilty verdict will result in the following penalties:

Summary or misdemeanor probation
Five days to one year in jail
A fine of between $390 and $5,000
A one-year driver's license suspension

First-time felony offenders will face the following penalties if convicted:

16 months to 16 years in prison
A fine of between $1,015 and $5,000, plus restitution to the victims
A one-year driver's license suspension

b) DUI of Drugs (DUID)

Driving while under the influence of any drug is prohibited under Vehicle Code 23152(f). The prohibition against driving under the influence of drugs under this statute encompasses various substances that can impede an individual's capacity to operate a vehicle securely.

The statute considers the following:

Illegal drugs, legal drugs like marijuana
Prescription medications, and
Over-the-counter drugs can impair a person's ability to drive safely.

A jury will only convict if convinced the following elements are actual:

You were driving the vehicle at the time of the offense.
You were under the influence of drugs while driving.

Note: Unlike DUIs, DUIDs have no legal limit. Police officers conduct field sobriety tests (FSTs) to confirm you were under the influence. They could also subject you to a breathalyzer or blood or urine tests to detect intoxication. However, the breath test only detects inebriation, not the extent of your intoxication.

Penalties for Driving Under the Influence of Drugs

You can face misdemeanor or felony charges for driving under the influence of drugs. Most first-time offenses are misdemeanor violations. However, you will face felony penalties if:

You have a prior felony DUI conviction,
You caused a third party to sustain an injury, or
The current conviction is your fourth or subsequent DUI conviction

Misdemeanor violations are punishable by:

Summary or misdemeanor probation for 3 to 5 years
A maximum of 6 months in jail
A fine of between $390 and $1,800
A six-month driver's license suspension

On the other hand, felony violations are punishable by:

16 months to 4 years in prison
A fine of between $1,000 and $5,000 and restitution to the victims.
A one-year driver's license suspension

c) Vehicular Manslaughter

Penal Code 192(c) addresses vehicular manslaughter, a type of killing involving the unlawful killing of another person while driving a vehicle. Under PC 192(c), a person can be charged with vehicular manslaughter if they unlawfully kill another person while driving a car in the commission of an unlawful act that is not a felony, with gross negligence, or while lawfully driving but without due caution and circumspection.

Prosecutors must prove the following elements to secure a conviction for vehicular manslaughter:

You were driving a car when police officers arrested you.
You committed an unlawful act that is not a felony or acted with gross negligence or without due caution and circumspection while driving.
Your unlawful act or negligence caused the death of another person, and
You did not act with malice aforethought. You did not intend to cause grave harm or take someone's life.

The state can charge anyone with vehicular manslaughter if he/she negligently or unlawfully drives a car. However, the driving should result in the death of another person. The seriousness of the crime and the potential punishment depends on several factors, including:

The degree of negligence involved — The degree of a driver's negligence is crucial in determining the gravity of the offense. If the driver displayed gross negligence and reckless indifference to human life, they could face charges of gross vehicular manslaughter. This offense imposes harsher consequences.

Whether the driver was intoxicated — If the driver was driving while intoxicated at the time of the accident, they could face more severe charges and penalties. These include a potential charge of DUI vehicular manslaughter.

The driver’s prior criminal record — A driver’s prior criminal record, including any prior DUI convictions, can be considered when determining the potential punishment for vehicular manslaughter.

Penalties If Convicted of Vehicular Manslaughter

PC 192(c) violations are wobbler offenses. You can face misdemeanor or felony charges depending on whether your case involves gross or ordinary negligence.

You would face misdemeanor penalties upon conviction if you acted with ordinary negligence. These include:

Summary probation
Up to one year in jail and/or
A maximum fine of $1,000

On the other hand, you would face felony penalties upon conviction if you acted with gross negligence. These include:

Formal probation
2, 4, or 6 years in prison,
A maximum fine of $10,000

d) Driving on a Suspended License

Vehicle Code 14601.1(a) makes driving on a suspended or revoked license an offense. Under the statute, you commit a crime when you drive with a suspended or revoked driver’s license.

Under VC 14601.1(a), a person can face charges for driving on a suspended or revoked license if they:

Drive a motor vehicle on a highway while their driving privilege is suspended or revoked, and
They knew or should have known that their driving privilege was suspended or revoked.

The knowledge requirement is essential, as a person unaware that their license has been suspended or revoked cannot be convicted of this offense.

Under California law, a person is presumed to know about a license suspension or revocation if:

The DMV mailed a notice to the person's most recent address and
The notice was not returned as undeliverable or unclaimed.

The prosecution can use this presumption to establish the knowledge element in a VC 14601.1(a) case.

However, this presumption is not absolute. The defendant can dispute it by presenting evidence that he/she did not receive the notice or that there was some other reason for not knowing about the suspension or revocation.

A defendant can rebut the presumption and avoid conviction if they can demonstrate circumstances such as being out of the country when the DMV mailed the notice or failing to update their address with the DMV after moving.

Penalties for Driving on a Suspended License

VC 14601.1 violations are misdemeanors. The penalty imposed varies based on the reason behind the initial suspension or revocation of your driver's license.