California DUI Laws and Penalties

California DUI laws dictate that any person under the influence of drugs or alcohol or both and operating a motor vehicle could be arrested and penalized. A law enforcement official can conduct a DUI arrest in the state of California. This is done by the California Highway Patrol or any other peace officer. The official can ask the offender for a blood or breath test to determine the blood alcohol content. In some cases a urine test is also done. The individual can be arrested whether he or she takes the test or not. His or her driver’s license could be confiscated by the arresting officer.

California DUI Cases

California DUI charges trigger two cases: one at the Department of Motor Vehicles (DMV) and another at a court of law. The officer conducting the arrest submits the driver’s license suspension or revocation form, a sworn report and the confiscated driver’s license along with any test reports to the DMV. A DMV administrative review is organized to judge whether the suspension should be upheld or set aside. The defendant needs to apply for a hearing within 10 days of arrest if the order is upheld. It is at the hearing that you can challenge the order and prove that you are not guilty. Otherwise the license would be suspended automatically.

As per California DUI laws the criminal case filed at the court may be based on either of the two statutes, California Vehicle Code Section 23152(a), and Vehicle Code Section 23152(b). The former gives the officer the right to decide whether an individual was incapable to drive a vehicle because of the influence of alcohol or drugs or both. In the latter, i.e. “per se,” the basis of the case is the blood alcohol content as found in the breath or blood test. If the blood alcohol content is more than 0.08 percent, that is the permissible limit in California, the person is considered unfit to drive a vehicle and if he or she does so it is treated as a DUI offense in California.

California DUI Penalties

California DUI offenses are penalized according to the seriousness of the crime, the circumstances and the driving history of the offender. Moreover the penalties are given out by the DMV as well as the court of law. According to DMV rules and regulations, the penalty is suspension or revocation of the driver’s license. In case of offenders above the age of 21, the suspension is done for a period of 4 months for first offense and 1 year for second or subsequent offense. This is if you have submitted to the blood or breath test. The suspension/revocation period, in case you refuse to take the test(s) or fail at it, may increase up to 3 years.

For more details of the DMV rules you can have a look at their website at http://www.dmv.ca.gov/.

At the end of the suspension or revocation period, the driver’s license can be re-issued with the payment of a fee. In cases concerning an offender of 21 years and above the re-issuance fee is $125 and in cases where the offender is less than 21 years of age the fee is $100.

Penalties imposed by the California court of law may include jail terms and/or fines. Confiscation of the vehicle is not part of the penalty imposed on a DUI offender. Attendance in mandatory alcohol education classes is imposed. Probation as well as community service may also form part of the sentence.

The first three DUI offenses are treated as misdemeanors in California. The probable sentence for the DUI offense can be understood from the following details:

•    For 1st DUI offense, the sentence includes a jail term between 48 hours and 10 days and/or a fine of up to $1,000
•    For 2nd DUI offense (within 10 years of previous offense), the sentence is either a jail term of 90 days to 1 year or a fine of up to $1,000 or both
•    For 3rd DUI offense (within 10 years of previous offense), the sentence comprises a jail term of minimum 120 days and/or $1,000 fine

In case there is a 4th DUI offense it can be considered as either a misdemeanor or a felony, thus it is called a “wobbler.” If it is treated as a misdemeanor, the sentence is either a jail term of 1 year or a fine of up to $1,000 or both. If the offense is categorized as a misdemeanor the jail term needs to be served at a city or county jail; if it is considered a felony the incarceration needs to be served at a state prison.

Probation and community service sentences depend on the court. California DUI laws also make it compulsory for an offender to attend alcohol education programs; however the duration depends on the seriousness of the crime committed.