California DUI Laws and Penalties Explained

Driving under the influence, or a DUI, is a serious offense in California. Offenders can face harsh penalties, from hefty fines to serving jail time. If you are charged with or convicted of driving under the influence, you should familiarize yourself with the California DUI laws and penalties.

DUI Laws in California

California’s DUI laws address driving under the influence of both alcohol and drugs, including prescription drugs and even cough syrup. If you are driving a vehicle, and the officer suspects you of driving impaired, they can pull you over and ask you to take a breath, blood, or urine test. If you refuse these tests, your license can be revoked. To protect your rights and ensure the best possible outcome in your case, it is important to consult with a skilled DUI lawyer who can guide you through the legal process.

Because some prescription medications can impair your ability to drive, it is important to check their labels. Additionally, combining alcohol with some medications, like allergy medications, can sometimes cause drowsiness, which further impairs your ability to drive.

At the scene, the officer may take a field sobriety test and give you a breathalyzer to determine if you are impaired. They can then take you to a police station to perform further tests.

To determine if a person is driving under the influence, the person’s blood alcohol concentration (BAC) is tested to determine how much alcohol is in their bloodstream. If you are caught driving with an illegal BAC, you may be charged with a DUI.

The following BACs are considered illegal in California:

• 0.08% or above if you are 21 and older
• 0.01% or above if you are under 21 years old
• 0.01% or above at any age if you are also on probation for a DUI
• 0.04% or above if you drive a commercial vehicle
• 0.04% or above if you are driving a passenger for hire

It is important to note that, even if your BAC is in the legal range, any amount of alcohol can impair your ability to drive. If you are arrested for a DUI, you should contact a lawyer from the Law Offices of Julian I. Ducre to help you with your case.

California’s DUI laws also extend to the use of cannabis while driving. Not only is it illegal to drive under the influence of cannabis, it is also illegal to drive around with an open container of cannabis. This goes for both drivers and passengers.

DUI Penalties in California

Getting convicted of a DUI is a serious matter, and the consequences can be life-changing. For one, a DUI conviction remains on your record for a decade. Criminal records can impede your ability to drive a vehicle or obtain housing. For example, if you apply for a job that requires driving, they may not hire you because of your DUI.

Besides having a DUI on your record and possibly getting your license revoked or suspended, other penalties include being required to:

• Complete a DUI program.
• Have an ignition interlock device (IID) installed in your vehicle.
• Pay any relevant license restriction or reissue or fees.
• File SR 22/SR 1P, which is a type of insurance.

Depending on the judge’s discretion, your penalties may be more severe, such as:

• Serving up to six months in jail
• Paying a fine
• Having your vehicle impounded (up to 30 days if you are underage)

If you cause serious injuries or death, you may be criminally charged and face a longer jail sentence.

Should I Hire a Lawyer?

It is highly recommended that you hire a lawyer if you are arrested, charged, or convicted of a DUI. Your lawyer could get your case dismissed or negotiate your sentencing. If someone was injured or died because of your DUI, you should definitely hire a lawyer to defend you in court. Additionally, if you are facing other driving violations, a skilled driving violation lawyer can help you navigate the legal system and potentially reduce penalties or avoid conviction.

FAQs

What Is the Penalty for a First-Time DUI in California?

If it is your first time getting a DUI in California, your penalties may include serving time in county jail. However, there is a minimum period of jail time, and some of this may be served consecutively. The judge may also let you serve your sentence at times when you are not working. You also face fines and having your license suspended.

What Are the New DUI Laws in California?

The new California DUI laws outline the BAC levels that make it illegal to drive. In general, it states that it is unlawful for anyone to drive under the influence of alcohol. The illegal BAC is 0.08% for most drivers, but this can vary, depending on if the driver is an underage drinker or if they drive a commercial vehicle. The penalties for underage drinkers are more serious than for those who are of age.

What Is the Most Common Penalty for a DUI?

The most common penalty for a DUI is having one’s license suspended or revoked. An officer can take your driver’s license at the scene if you are driving under the influence and also if you refuse to take a breath test. While this is a common penalty, the other penalties for DUI are at the court’s discretion and can include paying fines or serving time in jail.

What Is the Difference Between a DUI and a DWI in California?

DUI stands for driving under the influence, and DWI stands for driving while intoxicated. They both deal with driving while being or having been under the influence of drugs or alcohol. They are used interchangeably in California, though statutes will use the language DUI or driving under the influence instead of DWI. There is no other difference between the two besides the language.

Contact Our Lawyers Team to Get Help with DUI Cases

If you have been arrested for a DUI, you need legal help. DUIs can stay on your record for a long time, and you may be subjected to severe penalties if you are found guilty of driving under the influence. You deserve to know your rights, and you need to have a lawyer on your side who can fight for you. Contact the Law Offices of Julian I. Ducre today for a consultation.