What is Considered DUI in California?
In California, Driving Under the Influence (DUI) typically refers to operating a vehicle while impaired by alcohol, drugs, or both.
Here are some key points that define a DUI in California:
Blood Alcohol Concentration (BAC): For adult drivers who are 21 years and older, a BAC of 0.08% or higher is considered per se (by itself) evidence of a DUI. For commercial drivers, the BAC limit is 0.04%. For drivers under the age of 21, a BAC of 0.01% or higher can lead to a DUI charge due to California's "zero-tolerance" laws for underage drinking and driving.
Impaired Driving: Even if a driver's BAC is below the legal limit, they can still be charged with a DUI if their driving ability is impaired due to the consumption of alcohol, drugs (including prescription and over-the-counter medication), or a combination of both.
Drug-Related DUI: In California, it's also illegal to drive under the influence of drugs (DUID). This includes not only illegal drugs but also legal prescription and over-the-counter medications if they impair your ability to drive safely.
Felony DUI: In some cases, a DUI can be charged as a felony in California. This typically happens if the driver has multiple prior DUI convictions, if the DUI incident resulted in injury or death, or if the driver has a previous felony DUI conviction.
Aggravated DUI: Certain factors can lead to enhanced penalties for a DUI in California. These include having a BAC of 0.15% or higher, speeding, having a minor under 14 in the car, refusing to take a chemical test, or having prior DUI convictions.
Always consult with a legal professional for advice specific to your situation.
DUI Cases We Handle
Over 250 Trials Successfully Handled
Recent Case Results
97.4% Trial Success Rate for Our Clients
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DMV v. Isiah S.
Set aside license suspension on 1280 grounds.
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Cristal C
Client arrested for .13/.13 breath case. RESULT: : Dismissed DUI for wet reckless and kept driver’s license without suspension, restrictions or classes.
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Cisneros, et al. v. DMV
Confirms Vehicle Code 11524c doesn’t apply to DMV proceedings
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Cisneros v. Department of Motor Vehicles
The case involves fifty-one Petitioners who had their driver’s licenses wrongfully suspended by the California Department of Motor Vehicles (DMV) after being arrested for driving under the influence.
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B.P.
Drunk in public. Case dismissed after one year of no further convictions.
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B.D.
.18 Blood. RESULT: Wet reckless with community service hours.
You Can Not Afford To Plead Guilty for a DUI Charge
After being arrested, we understand that you are likely experiencing a great deal of fear and anxiety about your future and freedom. As such, we will do everything within our power to help you obtain a sense of ease amidst this difficult and trying time. In order to do so, we will thoroughly review your case, inform you of your rights and legal options, and guide you down the avenue that best suits your needs. At Middlebrook & Associates, our clients are our top priority before building their defense. We address their concerns first because they matter most.
What is Considered DUI in California?
In California, Driving Under the Influence (DUI) typically refers to operating a vehicle while impaired by alcohol, drugs, or both.
Here are some key points that define a DUI in California:
- Blood Alcohol Concentration (BAC): For adult drivers who are 21 years and older, a BAC of 0.08% or higher is considered per se (by itself) evidence of a DUI. For commercial drivers, the BAC limit is 0.04%. For drivers under the age of 21, a BAC of 0.01% or higher can lead to a DUI charge due to California's "zero-tolerance" laws for underage drinking and driving.
- Impaired Driving: Even if a driver's BAC is below the legal limit, they can still be charged with a DUI if their driving ability is impaired due to the consumption of alcohol, drugs (including prescription and over-the-counter medication), or a combination of both.
- Drug-Related DUI: In California, it's also illegal to drive under the influence of drugs (DUID). This includes not only illegal drugs but also legal prescription and over-the-counter medications if they impair your ability to drive safely.
- Felony DUI: In some cases, a DUI can be charged as a felony in California. This typically happens if the driver has multiple prior DUI convictions, if the DUI incident resulted in injury or death, or if the driver has a previous felony DUI conviction.
- Aggravated DUI: Certain factors can lead to enhanced penalties for a DUI in California. These include having a BAC of 0.15% or higher, speeding, having a minor under 14 in the car, refusing to take a chemical test, or having prior DUI convictions.
Always consult with a legal professional for advice specific to your situation.
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38 Years of Collective Legal Experience
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Over 250 DUI Trials Handled - With a 97.4% Success Rate
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Handled More Than 8,500 DMV Hearings in Kern County
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Expert Member of California DUI Lawyers Association
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ACS-CHAL Forensic Lawyer - Scientist Designation
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Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
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AV Rated by martindale.com - Leading Authority on Attorney Ratings
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Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
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Top 100 Lawyers in America - DUI Defense
Client Testimonials
Hear from Real People Who We've Helped
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"Richard at Middlebrook & Associates was outstanding to work with."
Their expertise and attention to detail gave me confidence throughout the process.
- Colin B. -
"Richard is one of the best DUI attorneys in the country."
He is the lawyer other lawyers go to for advice on how to handle DUI cases.
- Mike D. -
"There is a reason Mr. Middlebrook is one of the top DUI attorneys."
They truly do take pride in taking every persons case personally as I was there every step of they way and if I needed anything, anytime of the day they were there.
- David -
"Best Choice for Legal Representation"
I highly recommend Middlebrook & Associates to handle your case to alleviate your worries and get you the best outcome possible to get your life back on track.
- Former Client
Defending Your Future in Bakersfield
There are various strategies that may be used to challenge DUI charges in criminal court and at a DMV hearing. Even in cases where a driver is accused of failing a breath test or blood test, there may be ways for an attorney to effectively prove that the test results should not be allowed in court.
Field sobriety tests have inherent faults and may also be improperly administered. Another strategy that can be used is to question or challenge an arresting officer's testimony. Regardless of the circumstances, our firm will carefully review your situation and find any small details and facts that may support your defense.
Begin Building Your Defense Today. Schedule Your Case Evaluation.
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