If you have been charged with a DUI offense and plead guilty or are convicted, you are facing some stiff penalties. This is true even for a “garden variety” DUI; that is, for example, a first time DUI with a relatively low BAC. But if your circumstances are different, the consequences can be considerably more severe.

Lower BAC Threshold

First of all, based on your status as a driver, the 0.08 legal limit may not apply to you. Under VC 231529(d), a commercial driver’s license holder is deemed guilty of a DUI if a chemical test reveals a BAC of 0.04 percent or higher. Additionally, a commercial driver will have his or her license suspended for a one year period without the possibility of the issuance of a restricted license. This is true even if you are not driving a commercial vehicle at the time of the alleged offense.

Additionally, a minor, defined as a person under age 21 for DUI purposes, must adhere to even stricter standards. A BAC in excess of 0.01, although not a crime, will result in a one year license suspension, as indicated in VC 23136. A BAC exceeding 0.05 is charged as an infraction under VC 23140 and comes with other penalties in addition to the one year suspension.

Professional Licenses

The governing boards of professional groups have the power to revoke or suspend the professional license of a member who is deemed unfit to perform the functions of his or her profession. A DUI conviction may be relevant in that evaluation.   If you are facing such a disciplinary action, you are entitled to a hearing and may be represented by an Orange County DUI attorney.

The Facts of Your Case

Under California law, you may face enhanced penalties if one or more of the following circumstances are present:

• A minor, under age 14, was in the car.
• Your BAC was 0.15 or higher.
• You were driving 20 miles per hour over the posted or designated speed limit.
• You were driving in a California highway construction zone, maintenance zone, school crossing zone or Safety Zone.
• You received a fourth or subsequent DUI within a 10 year period.
• You refused to submit to a chemical test of your breath or blood under the implied consent laws.
• Bodily injury or the death of another person resulted from your DUI.
• You were convicted of a prior felony.