What Are The Penalties For A Rideshare Driver Convicted Of A DUI?
The penalties for a rideshare driver who has been convicted of a DUI are the same as the penalties for any other DUI; the only question is where the additional penalty is applied. A commercial driver is not under section 23152 or 23153-E, but is still under 23152-D. The higher penalty for commercial drivers is a one-year loss of their commercial license, which is under subsection E of the new AB 2687 rule. A convicted person would be unable to drive for six month, but may be able to get a restricted license or ignition interlock device during that time, depending on the county in which they received the DUI charge.
A DUI conviction also carries with it base fees and assessments, resulting in a total fine of about $2,000. Some people may be sentenced to six months in jail and most people will be required to enroll in a three-month DUI class if they live in California. If they live outside of the state, then they would be required to attend an in-person DUI school program and may be required to get SR-22 insurance for three years.
Additionally, there is typically a three to five-year unsupervised probationary period imposed, during which the individual would be required to obey the laws and commit no violations. If they were to violate a law in the county where they are on probation, then the county’s DA office or probation office could prosecute them for a probation violation and they would likely face six months in jail. This is something that would be determined by a superior court judge.
What Defenses May Be Used In DUI Cases Involving Rideshare Drivers?
In DUI cases involving rideshare drivers, the prosecution needs to prove that the defendant was indeed acting as a driver for hire and that there was an actual passenger for hire in the vehicle. If the passenger was a family member or friend, then the driver would have a strong defense and could argue that they should be held to the standard of 0.08 rather than 0.04. Defenses used in regular DUI cases can also be used in DUI cases involving rideshare drivers, such as the defense of rising blood alcohol levels after the time of driving and margin of error defenses due to the fact that the machines and blood testing procedures are not always accurate. It could also be argued that the defendant was not actually driving at the time that their blood alcohol level was above 0.04.
Additional Information On New DUI Laws For Rideshare Drivers In California
The new law is listed in Article Two of the California Vehicle Code Division 11, Section 23152-E. Commenced on July 1, 2018, the new law forbids anyone who has a blood alcohol level above 0.04 from operating a motor vehicle while a passenger for hire is in the vehicle. For purposes of a subdivision, passenger for hire means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In the subdivision, it’s a rebuttable presumption that the person had 0.04 percent or more by weight of alcohol in his or her blood at the time of or two to three hours after driving the vehicle.
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