Driving under the influence (DUI) in California is a serious offense with significant legal and personal consequences. Here’s an overview of the key aspects of DUI laws and penalties in California:
Legal Definition of DUI in California
- Blood Alcohol Concentration (BAC) Limits:
0.08% or Higher: For all drivers with a blood alcohol concentration of .08% and over.
0.01% or Higher: For drivers under 21 (zero tolerance).
0.04% or Higher: For commercial drivers.
- Impairment: A person can be charged with DUI if they are impaired by alcohol even if their blood alcohol concentration is less than .08%. Also , a person can be charged with DUI if they are impaired by drugs, or a combination of both drugs and alcohol.
Penalties for DUI in California
- First Offense:
- Fines: Ranging from $390 to $1,000.
- License Suspension: Six months, with the possibility of obtaining a restricted license.
- DUI Class: Mandatory attendance for three- or nine-month class, depending on the circumstances.
- Probation: Typically three to five years.
- Jail Time: Up to six months county jail.
- Second Offense (within 10 years):
- Fines: $390 to $1,000.
- License Suspension: Two years, with the possibility of obtaining a restricted license.
- DUI Class: 18 or 30 months, depending on the circumstances.
- Probation: Three to five years.
- Jail Time: 96 hours to one year county jail.
- Ignition Interlock Device (IID): Mandatory installation for one year.
- Third Offense (within 10 years):
Fines: $390 to $1,000.
- License Suspension: Three years, with the possibility of obtaining a restricted license.
- DUI Class: 18 or 30 months, depending on the circumstances.
- Probation: Three to five years.
- Jail Time: 120 days to one year county jail.
- Ignition Interlock Device (IID): Mandatory installation for two years.
Fourth and Subsequent Offense (within 10 years):
(Can be charged as a felony with prison sentence)
- Fines: $390 to $1,000.
- License Suspension: Four years, with the possibility of obtaining a restricted license.
- DUI Class: 18 or 30 months, depending on the circumstances.
- Probation: Three to five years if charged as a misdemeanor.
- Jail Time: 180 to one year county jail (misdemeanor), or longer prison sentence if charged as a felony.
- Ignition Interlock Device (IID): Mandatory installation for three years.
Aggravating Factors
- High BAC: Higher penalties for BAC levels of 0.15% or more.
- Refusal to Take a Chemical Test: Additional penalties, including longer license suspension.
- Accidents and Injuries: More severe penalties if DUI results in an accident, injury, or death.
Administrative Penalties
- Administrative Per Se (APS) Suspension: Immediate suspension of the driver’s license by the DMV, independent of criminal charges.
- Reinstatement: Requires completion of a DUI program, payment of fines, and possible installation of an IID.
Legal Defenses
- Challenging the Stop: Questioning the legality of the traffic stop.
- Accuracy of Tests: Contesting the accuracy of breathalyzers and blood tests.
- Procedural Errors: Highlighting errors in the investigation, arrest, and chemical test processes.
Seeking Legal Help
Attorney Consultation/Representation: It’s crucial to consult with an expert DUI defense attorney to navigate the legal process and explore defense options. An expert DUI defense attorney can represent you in court and work to minimize penalties.
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.