DUI Laws of California

California DUI laws prohibit the following:

• Drivers over the age of 21 operating a motor vehicle with BAC 0.08 or higher;
• Drivers under the age of 21 operating a motor vehicle with BAC 0.01 or higher;
• Drivers operating commercial vehicles with BAC 0.04 or higher; and
• Drivers under the age of 18 operating a motor vehicle with any trace of alcohol.

In California, Penalties for a DUI conviction are as follows:

• First Conviction
  • First time offenders in California may face jail time ranging from 96 hours to 6 months. Also, first time offenders face suspension of their driver’s license for 6 months. Monetary fines can range from $1,000 to $1,6000. First time offenders must also complete a court approved Driving Under the Influence Program which can be for 3 to 6 months depending on the blood alcohol level and other circumstances at the time of the arrest. Most first time offenders will be placed on three years of probation and can even be ordered by the court to install an Ignition Interlock Device. Finally, first time offenders are required to maintain SR22 for four to six years.
• Second Conviction
  • A person convicted of a second DUI in California may be sentenced to jail for 90 days to 1 year. In addition, second offense carries a 2 year suspension of the driver’s license and fines ranging from $1,000 to $1,900. A second offender must also complete a Driving Under the Influence Program and maintain SR22.
• Third Conviction
  • A third DUI conviction in California carries jail time ranging from 120 days to 1 year and fines ranging from $1,000 to $2,000. In addition, a third DUI conviction leads to license suspension of up to 3 years and the offender is designated as a “habitual offender.” A third offender may apply for a restricted license, but only after 1 year of the conviction. Finally, the offender must complete a Driving Under the Influence Program and maintain SR22.
• Fourth Conviction
  • A person convicted of a fourth DUI in California may be sentenced to jail or prison. In addition, monetary fines range from $1,000 to $3,000 and a license suspension of up to 4 years. The court will also order the fourth offender to install Ignition Interlock Device (this is mandatory for a fourth DUI conviction). Finally, the offender must complete a Driving Under the Influence Program and maintain SR22.

Specific Laws:

• California DUI Laws
• California SR22 Requirements

California DUI Laws Summary

A first time DUI offense, in California, typically carries a $1,200.00 fine and three years of probation.  In addition, a community service program may be ordered by the court along with a 90-day license restriction.  This period typically begins following the conclusion of any DMV suspension, which is often four months.  First time offenders are usually required to attend educational classes ranging from three to six months with a timeframe to be determined based upon their proven blood alcohol content.

In California, as is the case with most other states, the court and DMV suspension orders are completely separate from one another.  This means that both parties can suspend the offender’s license and have varying requirements for applying for reinstatement.  Upon the expiration of a court ordered suspension, the offender is not automatically eligible to regain his/her license until the ordered DMV suspension is also concluded.  In some instances, even if an individual is found not guilty in court, the DMV may revoke driving privileges and vice versa.  DUI offenders may be required to attend both court and DMV hearings.

In some instances, the offender may be eligible to request a restricted license.  This means that they would be permitted to drive to and from work, school, medical appointments and/or required treatment/counseling sessions.

While undergoing the legal ramifications of DUI, many offenders are faced with problems relating to his/her insurance company.  Upon conviction or admission of guilt, many insurance companies will raise the defendant’s rates dramatically.  This often results in the inability to afford payments or, in worse case scenarios, some insurance companies will drop the client altogether.  If this should occur, the offender will have to look elsewhere to obtain insurance company, which can be very difficult while carrying a driving record with a DUI reference.  If the offender is fortunate enough to find a carrier who will issue a policy, the rates will likely be very high and feature less coverage than a person with a clean driving record.