Los Angeles Rideshare DUI Lawyers

Defending Los Angeles Rideshare Drivers Against DUI Charges

The demand for rideshare driving work in Los Angeles is increasing due to a number of factors. The city’s famous nightlife scene, which features various nightclubs and bars, creates a high need for convenient transportation options, leading to an increased demand for rideshare services. Additionally, the public transportation system in Los Angeles often falls short of meeting the city’s extensive commuting needs, further increasing the reliance on rideshare options.

Moreover, the hybridization of commuting and remote work post-COVID has led to increased flexibility in work schedules, prompting individuals to supplement their income by driving rideshare companies during peak demand hours. These factors combine to highlight the growing popularity of rideshare driving in Los Angeles.

Rideshare apps, such as Uber and Lyft, are becoming increasingly popular in the Los Angeles area. Rideshare drivers operating their own personal vehicles are not required to have a Class A or Class B license. Under previous DUI laws, they were subject to the same legal limit of .08% for blood alcohol concentration (BAC) as other drivers in California.

With recent changes in state DUI laws, rideshare drivers carrying passengers can be arrested for DUI with a much lower BAC than other drivers. If you are a rideshare driver facing DUI charges in Los Angeles, contact Werksman Jackson & Quinn LLP for top-tier defense. Our rideshare DUI defense attorneys know the ins and outs of these types of cases, and we are prepared to stand as your dedicated allies throughout the legal process. With degrees from Yale and USC Gould School of Law and a wealth of legal experience that spans over 35 years, Mark Werksman is the “go-to” criminal defense attorney in Los Angeles.

Contact our firm at (213) 688-0460 for a free case review, and let’s get started on your defense.

What Is DUI Under California Law?

It is illegal to drive while under the influence of alcohol or any drug that affects driving ability in California. DUI laws were amended by the California legislature in 2017. As of July 1, 2018, it is unlawful for a person with a BAC of .04% or higher to drive a motor vehicle when a passenger for hire is in the vehicle under California Vehicle Code Section 23152(e).

Specific BAC limits apply in different circumstances under state law. It is prohibited to drive with a BAC of:

• .08% or higher for drivers ages 21 and older
• .01% or higher for drivers under the age of 21
• .01% or higher at any age for anyone on DUI probation
• .04% or higher while driving a vehicle that requires a commercial driver's license
• .04% or higher while driving a passenger for hire

What Are the Different Levels of DUI Charges?

California has three different levels of DUI charges—infraction, misdemeanor, and felony. A person arrested for DUI may be charged with an infraction if the prosecutor does not believe there is enough evidence to support a DUI charge. Also, a criminal defense attorney could negotiate a plea agreement in which a DUI is charged as an infraction.

Typically, DUI is filed as a misdemeanor or a felony. It may be charged as a misdemeanor for a first, second, or third offense. A fourth DUI is charged as a felony. DUI that results in serious injury to another person is also charged as a felony, punishable by up to three years in state prison or up to six years if the victim suffered great bodily injury.

Challenges Faced by Los Angeles Rideshare Drivers

Rideshare driving presents unique challenges for drivers, including potential misunderstandings during encounters with law enforcement. Drivers must navigate situations where fatigue may be misconstrued as impairment, leading to unwarranted scrutiny or accusations. Additionally, stress and anxiety factors inherent in the job can further complicate perceptions of driver behavior, exacerbating misunderstandings.

Law enforcement encounters also pose challenges for rideshare drivers, as common mistakes can occur when being apprehended. In apprehension scenarios, where passengers exhibit unruly behavior or engage in illegal activities, drivers may face difficulties diffusing the situation without being implicated. Routine traffic stops or call-ins can lead to misunderstandings if drivers are unaware of proper procedures or fail to communicate effectively with law enforcement officers.

Moreover, DUI checkpoints present risks for drivers, as sobriety tests and vehicle inspections can be stressful and time-consuming, potentially affecting earnings and passenger satisfaction. Additionally, legitimate or fabricated passenger complaints can result in unwarranted investigations or disciplinary actions against drivers.

What Are the Long-Term Consequences of a DUI Conviction for Rideshare Drivers?

New legislation enacted by California legislators requires background checks for rideshare drivers and prevents them from rideshare driving if they have been convicted of certain offenses. Rideshare companies that fail to conduct background checks on all driver applicants can face steep fines and penalties if a driver is found to have committed an offense such as assault, battery, domestic violence, or certain other crimes within the previous seven years.

If you are a rideshare driver charged with DUI, you may be facing jail time, fines, mandatory alcohol education, and suspension of your driver’s license. A DUI conviction leaves you with a criminal record that can negatively impact your future prospects. You could lose your current employment and become unemployable as a rideshare driver for at least seven years. Your best chance of obtaining the most favorable outcome is to have an experienced Los Angeles rideshare DUI attorney handling your case.

Actions To Take When Facing Law Enforcement

When interacting with law enforcement, remain calm and respectful, as maintaining a cooperative demeanor can help defuse tensions and facilitate a smoother encounter. Avoid self-incrimination by exercising your right to remain silent and refrain from making statements without legal counsel present. Politely assert your rights while complying with lawful orders and requests. Remember that anything you say can be used against you, so choose your words carefully and prioritize protecting your legal interests.

When confronted with field sobriety tests, remember your right to refuse them without penalty. These tests can yield inaccurate results due to various factors, including environmental conditions and individual physical characteristics. Following legal advice, it’s prudent to decline field sobriety tests and opt for chemical tests instead, which provide more reliable evidence. Contacting a Los Angeles rideshare DUI defense lawyer right away will help safeguard your rights and guide you through the legal process effectively.

Dealing with Accusations Short-Term

It is crucial to take immediate action in the event of an incident that requires legal representation. This includes documenting the incident thoroughly, gathering evidence, and identifying potential witnesses who can support your case. These steps are essential for building a solid defense and ensuring that your perspective is accurately represented in legal proceedings.

For those accused of offenses such as DUI, temporary license options are available to enable essential travel while the case is pending. It is important to avail yourself of the administrative process promptly to secure these licenses. Seeking guidance from legal professionals can ensure compliance with regulations and prevent unnecessary restrictions on driving privileges.

How Can a DUI Affect Employment?

Driving for rideshare services like Uber and Lyft after a DUI conviction poses significant hurdles due to stringent background check requirements. Both Uber and Lyft mandate a criminal background check and a motor vehicle report, with a clear “no DUI” policy within at least the last 10 years for Uber and seven years for Lyft. Individuals with recent DUI convictions face disqualification, although hiring a DUI attorney or pursuing expungement may improve your future prospects. However, success is not guaranteed, as both companies enforce strict policies regarding DUI offenses.

Furthermore, a DUI (driving under the influence) offense can appear on an employment background check, particularly if the employer conducts a thorough screening that includes criminal history checks. DUI convictions are typically considered criminal offenses and may be included in background checks conducted by employers, especially for positions that involve driving or require a clean driving record. However, the extent to which a DUI offense affects employment opportunities can vary depending on factors such as the severity of the offense, the specific job requirements, and the employer’s policies and practices regarding criminal history.

Legal Defense Strategies Against DUI Charges

Defending against DUI charges involves various tactics to challenge evidence and protect the defendant’s rights. Defense attorneys scrutinize the accuracy of breathalyzer and blood test results, probing for potential errors or inaccuracies.

Werksman Jackson & Quinn LLP will investigate the circumstances surrounding field sobriety tests, addressing coercion or improper administration. Our rideshare DUI lawyers will also examine the legality of the initial stop, questioning probable cause and alleging police misconduct if applicable. During this process, we will analyze surveillance footage and witness statements to uncover inconsistencies or provide alternative explanations, forming a comprehensive defense to secure a favorable outcome for the accused.

Let Us Provide the Defense You Deserve

Werksman Jackson & Quinn LLP has extensive experience handling a wide range of DUI cases, including representing rideshare drivers. Our Los Angeles DUI defense lawyers have the knowledge, experience, and resources you need to face your charges with confidence. We do everything we can to protect your rights, future, and reputation. Contact us at (213) 688-0460 to find out how we can help.