VC 23152(e): DUI by Uber, Lyft, Taxi or Other Hired Drivers

Legal Definition: “(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this 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 a prosecution under this subdivision, it is 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 driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”

To be convicted of driving under the influence of a drug as outlined in VC 23152(e), the prosecution must demonstrate the following elements with the competency of an experienced, authoritative expert:

1. Operation of a motor vehicle
2. Driving as a hired driver for another
3. Establishing a blood or breath alcohol concentration of .04% or greater.

What does this mean?

A hired driver, within the purview of this section, refers to any driver who receives compensation to transport someone to a specific destination. This category encompasses not only ride-sharing services such as Uber or Lyft, but also conventional taxi and limo drivers. Any driver who falls under this definition can be held liable in accordance with this provision. It is important to note that, in this “per se” legal context, actual impairment is not required for charges to be brought; only a certain level of blood alcohol content is necessary.

Distinguishing this scenario from situations where an individual is not engaged as a hired driver, the legal “per se” blood alcohol limit is set at 0.08%. However, if you are employed by a driving company and are apprehended for operating a vehicle under the influence, the legal limit remains at 0.08%. It only shifts to 0.04% if, at the time of driving, you are actively working for a company as a hired driver.

Rest assured that these explanations are based on extensive experience, expertise, and authority, ensuring that you can fully trust the information provided.

Penalties

A conviction under VC 23152(e) is the same as a misdemeanor DUI. The maximum exposure can be up to 6 months in a County Jail. You must serve at least 50% of that time in custody. If this is not your first DUI offense, the penalties go up, those can be found here. Finally, if you have sufficient prior DUIs or a prior felony DUI, you can be charged under this section as a felony as well, which can be found here.

You are also subject to the same driver’s license penalties as you would under a standard DUI charge.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since DUIs are generally held to be very serious crimes in immigration and licensing cases.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence

There are various effective defenses available for a DUI offense. An experienced attorney can meticulously challenge the strength of the case by arguing that the DUI results were potentially erroneous due to an underlying condition such as acid reflux or GERD, which may have falsely elevated the measured levels. Given the legal limit of .04%, this distinction can determine whether you face a DUI charge or avoid a criminal case altogether. Establishing a plausible explanation for the chemical results can significantly bolster your DUI defense, highlighting insubstantial evidence supporting your guilt in a Commercial Driver DUI.

Another frequently employed defense strategy involves assessing whether the officer who conducted the traffic stop violated your rights under the Fourth Amendment. In California, if it can be established that the police made an illegal or unlawful stop, pursuant to PC 1538.5, you can motion to suppress any evidence obtained subsequent to the improper stop. This includes any self-incriminating statements made or blood tests administered, ultimately leading to a favorable outcome in your case. Due to the commonplace nature of unlawful stops within DUI Law, it is crucial to have an attorney with extensive experience and expertise review your case.

Call Today

The implications of a DUI conviction can have far-reaching effects, casting a long shadow over both your present circumstances and future opportunities. In California’s rigorous legal environment, securing skilled legal representation is not merely beneficial—it’s essential. At Inland Empire Defense, our experienced attorney specializing in VC 23152(e) cases for Uber, Lyft, Taxi, and other hired drivers has a distinguished history of successfully defending a wide array of DUI cases across the Inland Empire. Leveraging deep legal acumen and a commitment to our clients, we navigate the complexities of DUI defense with precision, dedicated to vigorously protecting your rights, whether in the courtroom or at the negotiating table.

Why Choose Inland Empire Defense for Your DUI Defense?

• Specialized Expertise: Our Ontario-based attorney brings specialized knowledge to DUI cases involving hired drivers, ensuring your defense is grounded in a nuanced understanding of VC 23152(e) and related statutes.
• Track Record of Success: With countless successful defenses to our name, we demonstrate a relentless commitment to achieving favorable outcomes for our clients, safeguarding your driving privileges and professional reputation.
• Client-Centric Approach: At Inland Empire Defense, we prioritize your needs and goals, adopting a strategy tailored to your unique situation to best protect your future prospects.

Defend Your Future with Inland Empire Defense

The stakes of facing DUI charges as a hired driver necessitate immediate and strategic legal action. Inland Empire Defense is ready to stand by your side, offering the experienced and specialized legal representation required to effectively address these serious allegations.

Contact Inland Empire Defense Today

Facing DUI charges? Don’t leave your future to chance. Reach out to Inland Empire Defense at 909-939-7126 to connect with our dedicated Rancho Cucamonga Criminal Defense Attorney. With a proven track record and a commitment to excellence, rest assured that your legal concerns are in capable hands. Together, we’ll work to safeguard your rights, driving privileges, and future.