DUI Reference Guide

California DUI Laws

Individuals arrested for DWI (Driving While under the Influence) in California can face punishments more severe than in some felony cases.  Driving under the influence of alcohol laws are getting tougher in California.  Individuals pulled over for DUI face both criminal prosecution in court and administrative license suspension.  Either one of these penalties can have a serious effect on the driver’s life.  They can face jail time, fines and other consequences for their DUI convictions.  Some consequences will follow a person long after their sentence is served and their fines are paid. 

According to California law, DWI defendants face two different counts. The first count focuses on whether a driver was under the influence of alcohol or drugs to the extent that he or she was unable to operate a motor vehicle with the same caution as a sober driver.  The second count, which is known as the ‘per se’ charge, takes a look at whether the driver’s blood alcohol content (BAC) was 0.08% or greater.

Upon conviction, California statute allows additional penalties to be added if the driver refused to submit to a blood, breath or urine test; had a prior conviction within the last ten years; was speeding 20 mph above the lawful speed limit; had a minor passenger under the age of 14 in the vehicle; and had a blood alcohol reading of 0.15% or greater.  These penalties are put into place in an effort to stamp down on reckless driving caused by individuals who drive while under the influence.

If a DUI/DWI offense does not involve an injury, offenders typically are convicted of a misdemeanor, which can mean some jail time, but not a prison sentence.  In this case, fines and fees can total $1,000.  A first offense generally means 48 hours to six months in jail with as much as three to five years of probation following their release.  The driver’s license may be restricted for a minimum of 90 days or suspended for a maximum of six months.  However, if someone other than the driver is injured or killed as the result of a DUI offense, the driver faces felony charges and can be sentenced to prison if convicted.  If multiple victims other than the driver are involved, if convicted, an additional one-year prison term for each victim (up to three) can be added to the driver’s sentence.  Felony offense fines can total up to $5,000.

Any punishments ordered by the court are separate from the restrictions, which can be issued by the California Department of Motor Vehicles.  The DMV has the authority to restrict, suspend, or revoke a driver’s license.  For conviction of a first time offense, the DMV can suspend a driver’s license for a minimum of four months.  A driver’s license can be suspended for two years for conviction of a second drunk driving offense, and three years for a third offense. These are the penalties if a driver submits to a breath test.  Refusal automatically increases the penalties.  Even a first offense can mean suspension of the driver’s license for one year with no opportunity for issue of a restricted license.

Since California now is one of a majority of states that participate in the Interstate Driver’s License Compact, drivers licensed in other states must request a California DMV hearing if arrested in California for driving under the influence.

The court process for DUI arrests in California can be a complicated process.  There are many rules and regulations pertaining to the DWI/DUI laws in California.  Depending upon various factors, individuals can face a variety of serious penalties for their DWI conviction. Therefore, anyone convicted of a DWI in California should seek the legal advice of an attorney who specializes in DUI cases.  If a driver faces criminal prosecution, the lack of sufficient probable cause may be an important issue in defending the case.    There are times when an officer has pulled someone over on suspicion of a DUI without having a clear enough reason to do so.  This can be a significant factor when a lawyer is working to create doubt as to a person’s guilty.  Locate a lawyer specializing in DWI defense in the state of California.