About DUI Laws in California

Driving under the influence (DUI) laws in California are similar in many respects to DUI laws in other states. They are intended to reduce the number of drinking and driving incidents, and though they usually constitute a misdemeanor, they can escalate into a felony if extenuating circumstances are involved. California DUI laws have a unique provision in that a single act can encompass two separate charges--both of which must be addressed if you wish to be acquitted.

Definition of Drunk Driving

Under California law, driving under the influence of drugs or alcohol constitutes two misdemeanors--driving under the influence and driving with alcohol blood levels of .08 percent or more. A single act can encompass both misdemeanors, even if you are only pulled over once. The blood alcohol level drops to .04 percent if you are operating a commercial vehicles, such as a bus or a semi.

Features

An officer can pull you over for DUI in California if he has probable cause, such as erratic driving or witnessing an open container or alcohol in the car. He may then instigate a field investigation to determine your sobriety, which includes "field tests," such as walking in a straight line or reciting the alphabet. You are not legally obligated to take such tests. If the officer determines that you are driving under the influence, you will be arrested and charged. A chemical test may be issued as well-usually either a breathalyzer or a blood test. Unlike the field tests, if you refuse to take a chemical test, your license can be suspended for up to one year and you may face jail time. The penalty goes up for repeat offenses.

Felony Drunk Driving

Felony drunk driving laws were implemented in California as a way to further curtail the practice of DUI. The term encompasses any violation of the law made in a vehicle while under the influence of drugs or alcohol. That includes violating a statute (such as as running a stop sign or weaving in and out of lanes), causing bodily harm, or inducing harm or damage by "proximate causation" (such as another driver serving out of the way to avoid you). Even if the infraction itself is just a misdemeanor, the DUI elevates it to a felony offense.

Penalties

A DUI case involves two separate procedures. The first is the criminal hearing itself, to determine your guilt or innocence. A first-time conviction carries a penalty of up to six months in jail and a fine of up to $1500, in addition to suspending your license for up to six months. Depending upon the case, the judge may order additional penalties, such as community service, house arrest or attending Alcoholics Anonymous meetings. The second procedure is the administrative license suspension hearing at the DMV to determine whether you will lose your license. When you are arrested, your license is taken away, and you are given a pink slip, which serves as your license for 30 days. You or your lawyer must call the DMW within 10 days to schedule a hearing. Otherwise, your license will be suspended for up to four months--longer if there are extenuating circumstances.

Expert Insight

If you are pulled over for drunk driving in California, your best advice is to stay quiet and refuse to answer any questions without an attorney present. Take a chemical test if asked--the blood test is the most accurate--but decline to perform any field sobriety tests you are given. (It helps to be courteous and polite when you do so, however.) Call a lawyer--preferably one with experience in DUI cases--and do exactly as he says. He can provide the best advice for your particular circumstances and is familiar with the court procedures that can convict or acquit you.