The new law went into effect on July 1, 2018.
One of the best pieces of advice that most people will give is that if you plan to drink, be sure to have a designated driver. That driver may be a friend or family member, or he or she could be a taxi or Uber or Lyft driver. But what if your ride is also intoxicated? That is the situation that the California Legislature hopes to avoid with a new law that went into effect on July 1, 2018.
According to a Los Angeles DUI defense lawyer, California has a “per se” driving under the influence (DUI) law for taxi, limo and ride-sharing drivers. Now, if a driver of one of these types of vehicles drives with a blood alcohol concentration (BAC) of .04 percent or higher and a paying passenger is in the vehicle, he or she can be prosecuted for a DUI.
This new law puts ride-sharing drivers in the same category as drivers of commercial vehicles. Unlike other drivers — for whom the legal limit is .08 percent BAC — this lower limit means that anyone driving a ride sharing vehicle (or a taxi or limo) could be charged with a DUI even if they haven’t had much to drink. As a Los Angeles DUI defense lawyer can explain, the law is designed to keep riders safe.
If you currently have a side hustle driving for Uber, Lyft or another ride sharing service, you may have some questions about how this new law will impact you. You can be charged with a DUI under California law as a ride share driver if (1) your physical or mental abilities are impaired to an extent that you can no longer drive as well as a cautious sober person; or (2) your BAC exceeds .04 percent if paying passengers are in the vehicle; or (3) your BAC exceeds .08 percent at any other time. In other words, the lower limit of .04 percent only applies to when you actually have a paying passenger. If you aren’t on the clock and don’t have a passenger, you will be treated like any other California driver.
The penalties for a DUI for a taxi, limo or ride-sharing driver without an injury include up to 6 months in county jail and a fine of up to $1,000 for the first offense. You will also face a license suspension, mandatory DUI school, court costs, probation and other penalties as part of your sentence. The consequences increase with each subsequent offense. For felony DUI, the potential jail term is 16 months to 3 years, with a fine of up to $1,000.
If you get a DUI as a ride-sharing driver, it can not only impact your personal life, but your livelihood as well. That is why it is so important to hire a skilled Los Angeles DUI defense lawyer to represent you. Depending on the facts of the case, your attorney may be able to have the charges dismissed entirely, or reduced to a favorable plea deal.
At the Chambers Law Firm, we aggressively defend our clients against DUI charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled Los Angeles DUI defense lawyer.
