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Are You a Ride-Share Driver in the San Bernardino Area?
If you drive for Uber, Lyft, or one of the other ride-share services, and you’re charged with driving under the influence (DUI) in or near the San Bernardino area, you must be defended by a San Bernardino County DUI lawyer, and you must reach out to that lawyer immediately.
A DUI conviction can have severe effects for a ride-share driver, as a driver’s license suspension is one of the penalties. And since 2018, the “legal limit” for ride-share drivers in this state is a blood alcohol concentration (BAC) level of 0.04 percent if a passenger is in the vehicle.
That’s also the legal limit for all commercial drivers in the State of California, including taxicab and limousine drivers. For most other drivers in this state who are 21 years old or older, the limit is a blood alcohol concentration level of 0.08 percent.
What Benefits Do Ride-Share Services Offer?
Ride-share services provide a variety of conveniences to their passengers, including fares that are usually less costly than taxicab fares. Ride-share services and limo, bus, and taxi companies have a legal obligation – a “duty of care” – to provide safe transportation to their passengers.
Researchers at Temple University who studied California DUI figures from 2009 through 2014 found that after Uber began operating in California cities, DUI-related fatalities in those cities dropped from 3.6 to 5.6 percent. They determined that if ride-share services were available everywhere in the United States, about five hundred lives could be saved each year.
While the range of penalties for a ride-share driver who is convicted of DUI is similar to the range of penalties for other convicted DUI offenders in California, judges may be harsher on ride-share drivers – and may impose the maximum penalties – due to a ride-share driver’s obligation to carry passengers safely.
What Does California Law Provide?
In California, if an on-duty ride-share driver (or any other commercial driver) meets or exceeds the “per se” BAC limit of 0.04 percent, that driver may be convicted of DUI; it does not matter if the driver’s driving ability is impaired. This low threshold ensures greater safety for passengers.
Ride-share drivers are on-duty when they are carrying passengers or when they are logged in and available to carry passengers. However, when a ride-share driver is off-duty, the standard 0.08 percent blood alcohol concentration limit will apply.
What Are the Penalties for Ride-Share Drivers Who Are Convicted of DUI?
Ride-share drivers in California are subject to the same penalties for DUI convictions as other drivers in this state. For a first driving under the influence conviction, those penalties may include:
- a fine from $390 to $1000
- probation for three to five years
- jail for up to six months
- a temporary driver’s license suspension
- court-ordered DUI classes for three to nine months
Are There Additional Consequences for DUI Convictions?
However, the penalties imposed by the court are not the only consequences for a convicted DUI offender. Under California law, ride-share companies may not hire as a driver anyone who has been convicted of driving under the influence within the past seven years.
In fact, a driving under the influence conviction in California establishes a criminal record that can make it difficult for a convicted offender to find employment or housing, to qualify for a loan or public assistance, or to attend the college or university of his or her choice.
If a passenger is injured because a ride-share driver was intoxicated, in some cases, that passenger may bring a personal injury lawsuit against both the driver and the ride-share company. And if you are not a United States citizen, a DUI conviction may negatively affect your immigration status, and in some cases, trigger a removal proceeding.
How Will a DUI Lawyer Defend You?
Dealing with a DUI charge as a ride-share driver can be quite challenging, but a San Bernardino County DUI attorney may employ one of the following defense strategies on your behalf:
- If the police stopped you in traffic without probable cause or reasonable suspicion, your rights were violated, and your attorney may seek to have the charge against you dismissed.
- Your attorney may contend that the breathalyzer device used to test you was improperly calibrated or that the test was improperly conducted.
- If you and your attorney can prove that you were not on-duty when the police stopped you, the lower BAC limit for on-duty ride-share drivers will not apply.
How Are DUI Cases Resolved in California?
If the DUI charge against you cannot be dropped or dismissed, and if the state’s evidence against you is strong, your attorney may negotiate for a plea bargain. In a typical plea bargain, you would enter a guilty plea to a reduced charge in exchange for reduced or alternative sentencing.
However, if you believe that you are not guilty, you may exercise your right to a jury trial. At a DUI trial, your San Bernardino County DUI lawyer will cast doubt on the state’s witnesses and evidence, explain what actually occurred, and ask the jury to acquit you of the DUI charge.
If You Are Charged With DUI, Who Should Defend You?
For more than twelve years, San Bernardino County DUI attorney Patrick Silva has defended drivers who are accused of DUI in Southern California. He is a member of the National College for DUI Defense and the California DUI Lawyers Association.
When you are represented by DUI attorney Patrick Silva, he will ensure that the court deals with you fairly and properly. He will work to have the charge against you dropped or dismissed, and he will bring your DUI case to its best possible conclusion.
Whether or not you are a ride-share driver, if you have been charged with DUI, or if you are charged with DUI in the future, you must take direct, immediate action. Your first legal consultation with Patrick Silva, Attorneys at Law, is offered with no obligation or cost. Call our law offices at 909-500-4819 to schedule that consultation and get the legal assistance you need.
