California DUI Fines and Other Penalties

A DUI charge implies that a person has been found “driving under the influence” (of alcohol and/or other drugs.) This carries the similar implications of a DWI or “driving while intoxicated” charge. A DUI charge applies to automobiles (such as cars, bikes, and trucks) and all vehicles that are being driven for work or recreational purposes (such as boats, an aircraft, or farm machinery, like tractors).

A DUI charge is accompanied by heavy fines and punishments.

California DUI BAC Laws

According to the guidelines laid down by California DUI laws (see http://www.dmv.ca.gov/pubs/vctop/vc/tocd11_5c2a2.htm), a person can be charged with committing a DUI crime if they are found driving a vehicle when their blood alcohol concentration (BAC) level is 0.08% or more. For a commercial driver, it is illegal to drive when the BAC level is .04% or more. A repeat DUI offender and persons who are less than 21 years old cannot drive when his/her BAC level is .01% or more.

Persons under 21 years old will also be charged with committing a DUI crime if they are found driving after consuming alcohol in any form (even in cough syrup or any kind of prescription medication). They can also not to possess beer, liquor, or wine, even in closed containers, in their vehicles.

California practices the “Zero Tolerance” law for drivers under the age of 18. They will be charged with committing a DUI offense if found driving with any measurable amount of alcohol in their body, which is akin to having a BAC level of anything greater than 0.0%.

California DUI Fines and Other Penalties

California DUI fines and punishments are hefty and stiff in an effort to curb the menace of drunk driving. The rules and penalties are generally identical in the Bay Area counties in Northern California like San Mateo, Santa Clara, Marin, Alameda, San Francisco, Santa Cruz, Contra Costa, Napa, and Sonoma.

The fines and penalties differ for non-enhanced DUI charges and those that involve one or more “aggravating” factors.  Aggravating factors may include high blood alcohol concentration (BAC) level (more than .20%), being accompanied by a minor in the vehicle, driving over the acceptable speed limit, and/or driving with a suspended or restricted license. In these cases, the severity of the penalty and the fine amount increase. The penalties also vary depending on whether the DUI offense is a repeat crime or not.

California DUI First Offense

In California, a first time DUI offender is penalized by a jail term of a minimum of 48 hours, with the provision to convert the sentence to work service. The offender also has to pay a fine between $1400 and $1800. This amount also includes the court fees. The entire amount need not be paid at once. The fine can be broken up into payments, paid over a period of time, for an additional charge. The fine may also be paid in full within 45 days for no additional charge. In some courts of California, there is also a provision wherein the convicted driver may buyout some portion of the fine amount by performing some specified hours of community service.

Apart from the above mentioned California DUI fines, a first time offender also faces the following penalties: 1. Three to five years of court probation,
2. Suspension of driver’s license for up to six months, and
3. Attending a DUI school for between 12 and 45 hours.

California DUI Second Offense

A second time DUI offense in California is punishable under law by serving a mandatory prison term of 96 hours, with the provision of converting some portion of the term into work service. There are, however, many California counties who make it compulsory for the convicted driver to serve at least 10 to 30 days in prison.

A second time California DUI offender has to pay a fine of $1,800. This amount is inclusive of the court fees and the charges of the proceedings and investigations. Payment can be made in two ways: either in full within 45 days or over time with an additional charge included. In some county courts of California, offenders may work off a part of the fine amount by performing some hours of community work.

Apart from serving a prison term and paying a fine, second time California DUI offenders will have their licenses suspended for two years, be on court probation for three to five years, have an ignition interlock device placed in their vehicles, and attend a DUI school for 18 months. The Department of Motor Vehicles may, however, decide upon issuing a restricted driving license a year after the date of suspension.

California DUI Third Offense

In California, a third time DUI offender has to serve a mandatory prison term of 120 days. It is possible to convert some part of this sentence into a period of house arrest or time spent in a rehabilitation center. There are, however, California counties that require the convicted driver to serve 210 days to a year in jail.

Apart from the prison term, the offender has to also pay a fine that can range from $1,800 and $2,800. The court fees are included within this amount. The driver may pay the amount in full within 45 days or choose to pay the amount over an extended period of time for some additional charges. The offender may also work off some portion of the fine amount through community service. This is, however, possible in only some California county courts.

In addition to these California DUI fines, a third time offender is also ordered three to five years of court or formal probation, suspension of driver’s license for three years (and only the Department of Motor Vehicles can decide if a restricted license can be issued), and attending a DUI school for 18 months.

A fourth time DUI offense in California is considered a felony.

Additional DUI Penalties

In many California DUI cases, the offender may also have to pay a “penalty assessment”, the amount of which may be as high as three times the amount of the fine.

Those convicted of a DUI crime in California have to pay higher fine amounts if they have previously refused to be tested for alcohol content present in the body. This is because California adheres to the implied consent law. In regards to the implied consent law, it is decreed that drivers will agree to undergo blood, breath, or urine tests if requested by a law officer during a DUI investigation.

If a DUI offense results in someone being seriously injured or killed, the case is tried under the California Three Strikes Law, and the offender may also face a civil suit. In such cases, the offender is required to pay higher amounts as fine.

California DUI fines and other penalties are harsh, and they are enforced strictly to ensure that drivers are discouraged from driving when under the influence of drugs and alcohol. Results have been fruitful, since in recent years, the number of drunk driving arrests has gone down considerably.