How to Find Information on the DUI Penalty in California

Drinking under the influence, or DUI, is defined as the operation of a motor vehicle while impaired due to the use of drugs or alcohol. In the state of California, the DUI laws are tougher than federal minimums, with added penalties for a blood alcohol content (BAC) above 0.16. The California DMV keeps DUI information on driving records for ten years. For more information on the state's laws, read on.

Difficulty: Moderately Easy

Instructions

1. Drivers under age 21 are subject to California's zero-tolerance policy. Young drivers are subject to fines of several hundred dollars, a license suspension of up to a year and delayed issuance of licenses to unlicensed drivers.

2. Visit the Web site for the National Association of Criminal Defense Lawyers (see Resources below). This group has created a DUI Advocacy Committee to better defend people who are unfairly accused of a DUI or unfairly treated during a DUI case. You can use the Web site's lawyer directory to seek legal representation, if you need it.

3. Speak with a qualified attorney in California about legal options. The fine levels for first time offenders vary depending on the severity of the offense. An experienced attorney can often keep court costs and fines low. Use the National Motorists Association Web site to find more information as well as a traffic attorney (see Resources below).

4. Past DUI offenses in California can lead to increased penalties. First-time offenders lose their license for 4 months while third-time offenders can lose their licenses for three years.

5. Cooperate with California Highway Patrol or local police officers when they request that you undergo sobriety tests. State law in California dictates that every driver gives implied consent to chemical and visual tests to sobriety. Non-cooperative drivers can receive increased fines and penalties. Read more about proper conduct during a DUI check at the California DUI Web site (see Resources below).

6. Review possible legal proceedings with counsel before the arraignment process. Most DUI cases in California do not get past the arraignment stage since drivers usually plead guilty and accept their penalties. However, drivers who plead innocent can proceed to a trial and appeals process.

Tips & Warnings

• Protect yourself from unlawful search and seizure as indicated by Fourth Amendment rights. If a police officer searches your vehicle when there is no probable cause, attorneys and public defenders may be able to have your case thrown out.
• Prepare to spend several thousand dollars in fines and penalty assessments for DUI violations. California law allows judges to assess fines of up to a thousand dollars for a first offense, not including legal fees and other costs.