California law has long held commercial drivers to a higher standard. In addition to tougher requirements to obtain a commercial license, commercial drivers are also held to stricter standards relating to driving under the influence (DUI) charges. It’s no surprise that as times change, the laws change with them.
The explosion in popularity of rideshare programs has led California to amend their DUI regulations so that taxi, limo, and rideshare drivers are held to the same legal standard as other commercial drivers. This change is due to the trust the passengers of taxis, limos, and rideshare companies put in their drivers. If you have been charged with a DUI while driving a taxi, limo, or rideshare vehicle in L.A. County, William S. Kroger Attorney at Law may be able to help.
DUI by a Taxi or Rideshare Driver
While the standard for obtaining a DUI conviction for a taxi, limo, or rideshare driver is lower, the potential penalties are the same as any DUI conviction. A first, second, or third conviction is a misdemeanor while subsequent convictions are felonies. There are a number of limo, taxi, and rideshare companies that operate in L.A. County, and California Vehicle Code § 23152 (e) applies to all of them. Some of the most commonly used rideshare companies in L.A. County include:
Lyft
One of the two major players in the rideshare industry, Lyft originated as a long-distance rideshare platform for college students. Today, it is a billion-dollar company that has a fleet of freelance drivers nationwide. Lyft offers several tiers of rides, from the most basic to luxury options.
Uber
The largest player in the rideshare industry, Uber is a worldwide phenomenon available in 785 metropolitan areas. Founded in 2009, the industry leader has a variety of services, including luxury rides and food delivery.
HopSkipDrive
Less well-known than Lyft or Uber, HopSkipDrive is a popular rideshare option in L.A. County. HopSkipDrive caters to children, requiring newer vehicles and drivers with a background in childcare. To ensure safety, HopSkipDrive requires a 13-point background check for all drivers.
The Elements of a DUI by Taxi or Rideshare Driver
The allowable blood alcohol concentration for a taxi, limo, or rideshare driver is significantly lower than for non-commercial drivers. According to California Vehicle Code § 23152 (e), it is unlawful:
For a person who has 0.04 percent or more, by weight, of alcohol in their blood to drive a motor vehicle when a passenger for hire is in the vehicle. This applies to anyone driving commercially, with or without an active rideshare app session.
In other words, if you are operating a taxi, limo, or rideshare vehicle with a paying passenger, it is unlawful to register a blood alcohol concentration of 0.04 or more. This distinction is critical, as the law does not apply if you are driving without passengers.
Example 1: Rideshare Driver During Trip
You are a rideshare driver operating in L.A. County. Despite having a few drinks earlier in the evening, you decide to pick up a few rides before heading home. On your way to a passenger’s destination, you are pulled over for speeding. The arresting officer smells alcohol on your breath, and you are eventually arrested on suspicion of DUI. If your BAC is above 0.04, you will face charges as a rideshare DUI defense lawyer can explain.
Example 2: Rideshare Driver Before Pickup
You log in to your app after drinks, intending to pick up rides. However, you are pulled over en route to a passenger, and your BAC is above 0.04. Though you can be charged with DUI, you will not be held to the same commercial standards as you did not have a passenger in your car.
Potential Penalties
Convictions carry penalties such as jail time, license suspension, and fines. For first offenses, you may face up to 6 months in jail and fines up to $1,000. Subsequent convictions increase jail time and suspension periods. Felony DUIs result in up to 4 years in prison. Additionally, your ability to work as a rideshare driver may be permanently affected.
Legal Defense Strategies for Rideshare Driver DUIs in California
Hiring an experienced rideshare DUI defense lawyer ensures you explore every defense strategy, including challenging chemical tests and the validity of the traffic stop. Unique defenses, such as proving a passenger was not paying, are also critical.
Finding the Right L.A. County DUI Defense Attorney
If you face DUI charges as a rideshare driver, contact William Kroger today. With years of experience, William Kroger can provide the guidance you need to protect your career and rights.
Additional resources for rideshare DUI drivers include our pages on rideshare DUIs, DUIs involving drugs, and criminal defense strategies.