California DUI Penalties and Laws

DUI (or driving under the influence) of drugs, alcohol, or any other means of intoxication is an offense, and those found guilty will have to face his/her share of penalties. According to California Vehicle Code, VC Section 23152(a) and 23152 (b), it states that DUI is illegal and that if the offender tests positive for 0.08% or more alcohol content in his/her blood, he/she shall be convicted.

Basic California DUI Information

California’s legal limit for blood alcohol content or BAC is within .08%. In California, DUI charges the most common kinds of criminal charges that are filed against individuals. The California DUI penalties can be quite stern and rigid, even if you are caught drunk while driving for the first time. For a California first offense, the offenders may have their license suspended, be required to attend state or DMV approved alcohol programs, pay fines of around $2,000, and serve jail time.

If you have been convicted for a DUI case previously, had an accident when driving under influence, or have been stopped for speeding, remember the penalties will be worse. You can lose your payment, or you can also become ineligible for credit. Note that a DUI conviction exists on your Department of Motor Vehicles (DMV) http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm record for a minimum period of 7 years.  Additionally, it can result in higher insurance premiums.

First Offense

The maximum penalties for a first offense, where the offender is convicted for drunk driving, misdemeanor, has below .20% blood alcohol level, and not injured anyone else is informal, with the probation being 3 to 5 years. The offender might face 6 months in county jail, and have their driver's license suspended for 6 months. The offender also has to pay a fine as well. An additional 171% of the fine is for a penalty assessment.

The first time offender will also have to contribute to the California State Restitution Fund in an amount around $100. Other payments include a $37 for the BAC testing fee, $50 for alcohol abuse prevention fees, and a $20 court security fee. Some courts allow the paying off a certain amount of the fines by doing community service.
 
In case the first time DUI case offender had a child in the vehicle or was involved in an accident, the penalties will be increased.

Second Offense

For a second time DUI offense, the offender will have to face the penalties that a first time offender faces as well as one year in the county jail. The second time DUI penalty also includes having the offender’s car impounded for 30 days and their driver's license suspended for 18 months (this can be restricted with the offender’s participation in an 18 month alcohol abuse treatment program). The minimum jail time in a second time DUI case penalty is 10 days.

Third or Subsequent Offenses

All penalties will increase for the third time or fourth time offender in a DUI case. Apart from all the aforementioned penalties, this offender also has to face a mandatory license revocation for a maximum period of 4 years by the DMV. The offender will be able to get his/her license back only after he/she completed an alcohol treatment program, consisting of a of 30-month duration.

The fourth time offender will be prosecuted as a felony. If the offender does not comply with any of the penalties, it is considered to be a violation of their probation and additional penalties in occur.
 

Stay Informed and Hire an Attorney

If you've been charged with a DUI, you may be feeling quite overwhelmed. Be well informed on the state laws for driving under influence. If you have been charged of a DUI offense and have been faced with a California DUI penalty, the best thing for you to do is hire the services of a good attorney, who can represent you when going to court or in an administrative hearing.

Find out if the lawyer you are hiring is experienced; this matters a lot because the winning or losing of a DUI case depends on the competency of the attorney.

Request that the judge give you an adequate amount of time to hire a qualified lawyer that will take you smoothly through the defense procedures.