What Makes Construction-Zone DUIs Different?
California treats DUIs near active work zones as aggravated offenses. When workers are present, courts impose double fines and enhanced penalties to deter dangerous behavior around crews exposed to freeway traffic.
Typical base DUI fines begin at $390 but exceed $780 under §42009—before court fees and assessments. These enhancements emphasize safety but also complicate sentencing and license reinstatement.
Enhanced Liability When Injury or Death Occurs
If a DUI crash in a construction zone injures a worker, prosecutors may file felony charges under VC §23153, punishable by up to four years in prison. Fatalities can result in gross-vehicular manslaughter or second-degree murder charges. According to SafeTREC (2024), one-third of California roadway deaths still involve impaired driving.
Our firm’s trial experience in serious-injury DUI defense helps clients navigate these life-altering accusations and present mitigating evidence early.
Risks of Impaired Driving in Highway Work Areas
Freeway work zones involve shifting lanes, cones, and reduced shoulders—conditions that make impaired driving especially perilous. With more than 30 percent of traffic deaths tied to alcohol, enforcement in these areas is strict and sentencing harsh.
Effective Defenses to Zone-Enhanced DUIs
- Worker Presence Challenge: The enhancement applies only if workers were actually on site.
- Signage or Notice Issues: Missing or obscured “Work Zone” signs weaken prosecution claims.
- Testing and Procedure Errors: Breath or blood test irregularities can invalidate BAC evidence.
- Probable-Cause Disputes: Unlawful stops or detentions may lead to suppression of evidence.
Our attorneys—certified in field-sobriety testing—leverage these defenses to reduce or dismiss enhanced charges whenever possible.
Prevention and Public Awareness
Understanding VC §42009 can prevent tragedy. Plan ahead with designated drivers or rideshares near active work areas. For those already cited, early legal intervention dramatically improves outcomes.
Case Example: Construction-Zone DUI Conviction
In a widely reported Sacramento case, a driver who entered a closed freeway section while impaired struck a worker and received a felony conviction with prison time (CBS Sacramento, 2012). It illustrates both the seriousness of the law and the importance of immediate, qualified defense.
Frequently Asked Questions
What if no workers were present?
The enhancement under VC §42009 applies only when workers are on site. An attorney can challenge this element and seek standard DUI penalties instead.
Are fines always doubled?
Yes, when the zone meets statutory conditions—but negotiated reductions are often possible with early representation.
How does injury change my case?
Any worker injury elevates charges to felony DUI with possible prison time; immediate legal counsel is critical.
Can signage errors affect my defense?
Absolutely. Missing or unclear signage may void the enhancement, reducing exposure to standard penalties.
What should I do first?
Call a qualified DUI defense lawyer as soon as possible to preserve evidence and request DMV and court hearings on time.
The Bottom Line
A DUI in a safety or construction zone carries steep, doubled penalties—but defenses exist. With experienced representation from Braden & Tucci, you can protect your license, freedom, and reputation.
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