California DUI Penalties

Conviction of DUI charges in California can happen under two circumstances. The first, a “per se” charge, is if the accused drunk driver has a blood alcohol content (BAC) of .08% or higher at the time of the arrest, regardless of their ability or inability to drive or perform field sobriety tests. The second charge depends upon the subjective determination of whether or not the accused was “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances,” which is the legal definition of being under the influence of alcohol in California. (California Vehicle Code sections 23152 (a) & (b))

Penalties for driving under the influence of alcohol (DUI) in California are assigned both in criminal court and by the California Department of Motor Vehicles (DMV). Drivers charged with DUI in California are given a window of ten (10) days from the date of their arrest to contact the California DMV and request a hearing. If the driver charged with DUI in California does not request a hearing within ten (10) days of arrest, the result is an automatic driver’s license suspension. This is true even if the accused has an out of state driver’s license as California is a member of the Interstate Driver’s License Compact. The length of the suspension is dependent upon several factors such as whether this is a first or subsequent DUI offense and whether or not the driver submitted to chemical testing for blood alcohol level, such as a breathalyzer or blood test, at the time of arrest. If the driver refused to submit to chemical testing at the time of arrest, the driver’s license suspension time period automatically increases.

California DMV Enforced DUI Penalties

A first time DUI offender in California will have their license suspended for a minimum of four (4) months if they submitted to chemical blood testing at the time of arrest. If they chose not to take a breathalyzer or blood test to determine their blood alcohol content (BAC), their driver’s license will be suspended for one (1) year. For a second DUI offense within ten (10) years, the DMV imposes a one (1) year driver’s license suspension for those who submit to chemical testing and a two (2) year driver’s license revocation for those who refuse to take a breathalyzer or blood test.

If the offense is a third or fourth DUI offense in California within ten years, whether or not the accused submitted to blood alcohol content testing is irrelevant to the DMV. Third time DUI offenders will have their driver’s license revoked for three (3) years, and fourth time DUI offenders will have it revoked for four (4) years.

California Criminal DUI Penalties

The California Criminal Court will impose fines of $390 to $1000 to anyone convicted of a DUI, regardless of whether it was an initial or subsequent offense. California DUI convictions, where probation is granted, may also require those who are convicted to participate in drug and alcohol treatment programs for three (3) to six (6) months for a first offense, eighteen (18) months to thirty (30) months for a second offense and eighteen (18) months to thirty (30) months for subsequent offenses where the convicted has not previously completed a drug and alcohol program.

Jail sentences for drunk driving in California range from forty-eight (48) hours to six (6) months in jail for a first offense, ninety-six (96) hours to one (1) year in jail for a second offense, one hundred twenty (120) days to one (1) year in jail for a third offense, and one hundred eighty (180) days to one (1) year in jail for a forth offense. During the course of probation, which may run between three (3) and five (5) years, when the convicted DUI offender has been granted a “restricted” license, they may be required to install an ignition interlock device on their vehicle at their own expense. First time offenders are not required to install an ignition interlock device.

If a person is convicted of a fourth DUI in California within ten (10) years, they have been convicted of a felony charge. Some individuals facing a DUI in California may be charged with a felony for a first, second or third conviction if they caused injury to another person in the course of their drunk driving.

Contact a California DUI Defense Attorney

If you or someone you know has been arrested and charged with drunk driving in California or DUI, an attorney who specializes in DUI defense should be contacted as soon as possible. Drunk driving is a specialized area of California law requiring the attention of someone with extensive knowledge and experience. Drunk driving charges do not always result in drunk driving convictions and having a skilled California DUI defense lawyer on your side will increase your chances of acquittal and lesser penalties.