DUI Penalties for a First Offense in California
Driving in California with .08 percent alcohol content or greater fits the legal definition for Driving Under the Influence. However, California law also allows for conviction for "driving while impaired by alcohol or drugs." This can occur regardless of the amount of alcohol in one's system, if the driver's behavior is comparable to someone over the legal limit. The penalty for a first DUI increases if the court finds aggravating circumstances.
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License Actions
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A California police officer making a DUI arrest is required to confiscate the driver's license and send it to the Department of Motor Vehicles with a copy of the police report, according to the California Department of Motor Vehicles. The officer issues the driver a notice of suspended license and temporary driving permit. Unless the driver requests a hearing within 10 days of the suspension notice, the Department of Motor Vehicles automatically revokes the license at the expiration of 30 days. The license cannot be returned to the driver until the end of the revocation period, and after paying a $125 reinstatement fee. For drivers under age 21, the revocation period is one year; for drivers over 21, it is four months. DMV's action is completely distinct from any action of the California criminal courts. The criminal courts will take the driver's license for an additional 90 days.
Jail
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A first offense DUI conviction carries a mandatory 96 hours in jail, and a maximum of six months, according to Lawrence Taylor, a California DUI attorney The sentence will be greater if the court finds aggravating factors. These include having a child under the age of 14 in the car, having an alcohol reading of .15 or greater or speeding more than 20 miles per hour over the posted speed limit. Some California jurisdictions allow jail sentences to be done on electronic monitoring or house arrest. Most monitoring units not only track the wearer's location, but also detect alcohol use. They send an electronic message to the monitoring company, who notifies the court of the wearer's alcohol consumption.
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Fines
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A first DUI conviction in California carries fines between $390 and $1,000. The offender may also have to pay for the installation of an ignition interlock device on his car, and may face an increase in car insurance rates.
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References
- Photo Credit to drunk to drive image by Marjan Veljanoski from Fotolia.com
