California DUI Laws

For anyone who is convicted of drinking and driving in California, the effects are numerous, costly, and time-consuming.

The consequences vary depending on whether there are any prior convictions and other factors, such as the age of occupants in the vehicle, elevated blood-alcohol content, and speeding. For those convicted of DUI on multiple occasions, felony charges will eventually apply.

For the first three offenses, it is considered a misdemeanor to drive with a BAC of .08% or more.

For a first DUI offense, there is a mandatory 3-5 years Court Probation, meaning no drinking and driving during that time but no parole officer to report to. Fines range between $1400 and $1800, which may be worked off as community service. A restriction or complete loss of your driver’s license for a period of 6 months is determined by the Department of Motor Vehicles, and a mandatory 48 hours of jail time can be converted into work service. A restricted license allows driving only to work and school, however. The offender’s blood alcohol level also determines the amount of time that DUI School is required, and the hours to complete range from 12-45.

For a second DUI offense, the Court Probation is the same, but the fines increase and may be as high as $2800. Your license may be suspended for up to 2 years, although your lawyer may request a restricted license after one year. If a restricted license is granted, you may be required to install an ignition interlock device in your vehicle, which is similar to a breathalyzer, in order for you to start your car. If you are caught driving on a suspended license from a DUI conviction, the state of California must demand the installation of the device for a period of up to 3 years. DIU school increases to a period of 18 months, and jail time increases to 96 hours, which again may be converted to work hours, but some counties in California require anywhere from 10-30 days in jail.

A third DUI offense introduces the possibility of Formal probation in lieu of Court Probation. Formal probation requires regular reporting to a parole officer, but depends on the court’s decision and your lawyer’s statements on your behalf. The fines are the same as those for a second offense and may be worked off as community service. Your license may be suspended for up to 3 years, but the DUI School is still a period of 18 months. Jail time significantly increases to a required period of 120 days, with the possibility of converting only some of those hours to house arrest, a rehabilitation facility, or a combination of the three. Most importantly, many counties will require 210-365 days in jail.

A fourth offense is the most serious because at that point, the offenses may be considered a felony and may require up to 3 years in a state prison and the permanent loss of a driver’s license, in addition to other consequences. In general, a fourth offense within ten years is treated harshly. A DUI offense requires hiring a lawyer and may also result on points on your license, assuming that it is not suspended or revoked entirely. Children in the vehicle under the age of fourteen, a BAC of .15 percent or higher, reckless driving, injury to others or property, speeding, or the refusal to submit to chemical testing all merit harsher punishments for the offender as well.

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