California DUI Laws and Penalties

California DUI Laws and Penalties

California DUI laws and penalties are in place to protect the safety of everyone on the roads: drivers, passengers, and pedestrians. The consequences of driving under the influence can be deadly. As such, the penalties for violating DUI laws in California are harsh, and the effects on your future can be potentially colossal. If you’re facing DUI charges, consulting a DUI and Criminal Defense lawyer in West Covina can provide the legal guidance you need to navigate these challenges effectively.

Protecting your future and the safety of others rests on educating yourself about DUI laws in the state. A breakdown of California DUI laws, the different limits in place, and the penalties you may face if you are found operating a vehicle while under the influence can help you understand the severity of this offense.

A Quick Breakdown of California DUI Laws

A mistake on the road can happen at any time. Having any substances in your system, such as alcohol and drugs, can impair your ability to react quickly to situations encountered on the road and enhances the risk of motor vehicle accidents.

Alcohol-impaired driving accounted for around 32% of traffic fatalities in California in 2020. In 2021, 751 fatalities resulted from accidents where drivers were under the influence of drugs. In an effort to reduce these numbers, law enforcement and prosecutors are tasked with enforcing California DUI laws.

California’s Vehicle Code makes driving under the influence a crime that can be charged as a misdemeanor or a felony, depending on the severity of the impairment or the results of the criminal action.

According to California VEH Code 23152, it is unlawful to operate a motor vehicle with a blood alcohol level (BAC) that is 0.08% or higher.

The same statute sets lower BAC limits for commercial drivers (0.04%), and the BAC threshold is also lower for drivers under the age of 21 at 0.05%.

Driving under the influence of any drug, including illegal substances, marijuana, and over-the-counter medication, is also prohibited in California. Law enforcement may conduct different sobriety tests to ascertain your driving ability during a lawful stop if they suspect you are driving under the influence.

Common field sobriety tests include:

• Horizontal Gaze Nystagmus (HGN)
• Walk-and-turn
• One-leg-stand
• Breathalyzer
• Chemical tests

These laws apply regardless of whether you live in California or are found driving under the influence while visiting the state.

Potential Penalties for a DUI Conviction in California

When a person operating a motor vehicle is lawfully stopped and suspected of driving under the influence, they may face a DUI charge. DUI charges vary depending on the circumstances of the case, and convictions can lead to months to years in prison, license suspension, and fines.

First-time DUI Conviction: A misdemeanor, penalties for a first-time DUI include confinement for a minimum of 96 hours and up to six months and a fine ranging from $390 to $1,000.

Second DUI Conviction: A second DUI conviction within 10 years of a previous DUI conviction is also a misdemeanor and can lead to confinement for no less than 90 days and up to one year and a fine between $390 and $1,000.

Felony DUI Conviction: A third or subsequent conviction for a DUI in California within 10 years is considered a felony. The consequences include a minimum of 120 days in jail or up to a year and $390 to $1,000 fine.

If a person who is found driving under the influence with a high BAC level is proven to have caused serious bodily harm to another, is found with a minor passenger in their vehicle, or caused property damage, they may face longer confinement periods and higher fines.

In addition to jail time and fines, a DUI arrest and conviction could lead to license suspension. The period of license suspension varies, with first-time offenders facing a license suspension of 6-10 months and repeat offenders facing a multiple-year license suspension or even having their license revoked.

FAQs

Q: What Are the Penalties for a DUI in California?

A: The penalties for a DUI in California vary. First-time DUI offenders face less severe penalties, including potential jail time and fines. For repeat DUI offenders, the minimum potential confinement period increases. Persons convicted of a DUI may also have their driver’s licenses suspended and have to operate a vehicle with a restricted license while using an ignition interlock device (IID).

Q: What Is the 3-Hour Rule for a DUI in California?

A: The 3-hour rule for a DUI in California may refer to when a BAC test is performed on a person suspected of driving under the influence. Under California Vehicle Code 23152(b), a person can be charged with a DUI if their BAC is found to be above the legal limit when tested up to three hours after they were found operating a motor vehicle.

Q: Is Your License Suspended Immediately After a DUI in California?

A: When you are arrested for a DUI in California, your license is confiscated by law enforcement. You should be provided with a notice of suspension informing you of your license suspension and providing you with the next steps you should take to reinstate your license. The DMV administrative review of your license suspension is separate from your criminal case. Even if you are not convicted of a DUI, your license may still be suspended.

Q: What Happens After a First-Time DUI in California?

A: After a first-time DUI in California, you may face jail time and may be required to pay a fine. A judge may also request that you attend a drug or alcohol education program. A first-time DUI conviction can lead to a license suspension of at least 6 months. You may request a restricted license during your suspension.

Contact an Experienced California DUI Attorney Today

California makes DUI laws and penalties clear. Driving under the influence of any drug or alcohol that leads to impaired driving can have serious consequences. First-time DUI offenders in California can face jail time, fines, and license suspensions. Additional convictions within 10 years result in more severe penalties. Understanding California DUI laws and penalties can make you a prepared and responsible driver and can help keep California roads safe.

Whether you are facing a DUI charge or need assistance in restoring your driving privileges following a DUI arrest, the knowledgeable team at The Law Office of Daniel P. Flores can assist you. We can handle all aspects of a DUI case, including the criminal court case and the DMV administrative hearing process. Schedule a consultation today to learn more.