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California DUI Laws and Penalties

DUI charges are the most common criminal charges filed against individuals in the State of California (not including simple traffic tickets, which are technically "criminal" violations). California has some of the nation's toughest laws for driving under the influence (DUI). DUI law punishes offenders for operating a motor vehicle while under the influence of alcohol, drugs or a combination of drugs and alcohol. Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums. Furthermore, you may become ineligible for credit, and even lose your employment. If you have prior convictions, stopped for speeding, or had an accident while driving under the influence, the penalties may be far worse.

DUI Law
The California Vehicle Code, specifically, VC section 23152(a) and 23152(b), sets the law on DUI cases, and states as follows:

VC 23152. "(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California's "legal limit". The term "alcoholic beverage and drug" or "alcoholic beverage or drug" in the (a), or first count, does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system.

Penalties
Typically, each court has a different policy and procedure for DUI cases. You truly should talk to someone that knows the court rules. In general, the maximum penalties for a First Time DUI, below .20% blood alcohol level, no accident, misdemeanor, drunk driving case includes all of the following:

  • Informal, or summary, probation for three to five years
  • Six months in the county jail (Or no jail at all!)
  • Six months license suspension (Optional?)
  • A fine of $1,000 plus penalty assessment, or a total of $2,710, (the minimum is $390 plus penalty assessment.The "penalty assessment" is a state tax created by statute in the late 1960s, and is 200% of the base fine amount).
  • Contribution of $100 to the California State Restitution Fund
  • Proof of enrollment in, and proof of completion at, a Level 1, or AB-541 Alcohol Education Program
  • An "Alcohol Abuse Prevention" fee of $50.00
  • A "Blood Alcohol Content" testing fee of $37.00
  • A $20.00 Court Security Fee

In addition, there are additional penalties for being above a .20, being involved in an accident, or having a child in the vehicle.

Second time DUI:
The potential maximum, and all other penalties increase, in addition to all of the above, to up to one year in the county jail, having your car impounded for 30 days and an 18 months license restriction. The minimum includes 4 days minimum to 1 year maximum in jail or another option such as community service or house arrest.

Third or Fourth time DUI:
The potential maximum and all other penalties increase, in addition to all of the above, to a mandatory license revocation for up to 3 years by the DMV. Even after the revocation, you still cannot get a license until you've completed a 30 month long alcohol treatment program. As mentioned above, a fourth or higher DUI can be prosecuted as a felony, and the minimum of 120 days for third offenses, or more than one year for a fourth offenses since the laws governing felonies would then apply.

Failure to do ANY of the above terms of your sentence is a probation violation.

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