What Is the California DUI Penalty?

By holding a California license, you have consented to DUI testing.

In California, it is illegal to drive with a blood alcohol content (BAC) of 0.08 or above. Those driving commercial vehicles must keep their BAC below 0.04. California has a Zero Tolerance Law in place, which means that drivers under 21 are forbidden to drive with any alcohol in their system and will be subject to DUI charges if they have a BAC of 0.01 or more. The same is true for those on probation for a previous DUI offense.

First Time Offenders

A first DUI is usually treated as a misdemeanor in California. Even so, DUI convictions carry a mandatory county jail time ranging from 48 hours to six months. The driver will lose his license for four months, owe a fine of $390 to $1,000 (excluding court fees), and his car may be impounded. A convicted driver must enter a "driving under the influence program" at his own expense and be on unsupervised probation for three to five years. The DUI remains on record for 10 years and affects insurance rates, employment and even eligibility for adopting a child.

Subsequent Convictions

While the probation and fine for a second DUI remain the same, the driver must pay for, and complete, an 18-month DUI program. His license will be suspended for a year, and he will spend between 96 hours and one year in county jail. Third offenses can lead to supervised probation, a one-year suspended license, an 18-month DUI program and between 120 days and one year in jail. The driver is now classified as a "habitual traffic offender" for the next three years. A fourth DUI can be charged as a felony. It can result in between 180 days and one year served in a county jail or state prison, and permanent loss of license.

DMV Hearing and Court Trials

The DMV hearing and court trial are two separate processes. The DMV hearing addresses the circumstances surrounding the DUI arrest and determines the period of time for which a license will be suspended. The objective of the criminal trial is to assess whether or not the driver committed a criminal act.

Aggravating Factors

If the driver was speeding, driving on a restricted or suspended license, or had a child under 14 in the car, the penalties dramatically increase. This is also true if the driver caused harm to a person or property, refused a chemical or sobriety test, or had a BAC reading of 0.2 or more. This type of DUI may be classed as a felony, not a misdemeanor.

Restricted Licenses

The driver can apply for a restricted license in order to commute to work, school and the DUI program. However, the driver must pay a license reissue fee of $125 ($100 for those under 21), obtain SR22 insurance coverage and provide documentation showing completion of a DUI treatment program. In addition, the driver may have to pay for an Ignition Interlock Device, which prevents a vehicle from starting until the driver has passed a breathalyzer test.

References

• United States DUI Laws
• California Department of Motor Vehicles
• The Drunk Driving Law Center
• Kapsack & Bair, LLP