California DUI Laws, Penalties, and License SuspensionCalifornia drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
California Laws
The following driving actions are illegal in the State of California:
- Drivers under 21 may not have beer, wine or liquor in their vehicle while they are driving alone. (Their may be exceptions for work related driving)
- Drivers under 21 with a blood alcohol concentration level (BAC) of .01 or higher.
- Drivers Under 21 after consuming alcohol in any form, including cough syrup, and prescription drugs.
- Any driver with a BAC .08 or higher.
- Any vehicle requiring a commercial driver license with a BAC of .04 percent or higher
- Driver under 18, ANY measurable blood alcohol concentration.
- Repeat offenders may not have a BAC of .01 or Greater
California Penalties
First Drunk Driving Conviction
Jail for no less than 96 hours and no more than 6 months. The fine will be no less than $390 and no more than $1,000. Your drivers license will be suspended for six months, however, if allowed, the court may grant the convicted a temporary restricted license. Your drivers license will not be reinstated until proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state. Depending on the circumstances of the case, a first time DUI offender may be required to install an Ignition Interlock Device at their own expense.
Second Drunk Driving Conviction
Jail for no less than 90 days and no more than 1 year. The fine will be no less than $390 and no more than $1,000 . Your drivers license will be suspended for 1 year. Your drivers license will not be reinstated until proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state. Depending on the terms of the license suspension, the DUI offender may be required to install an Ignition Interlock Device at their own expense.
Third Drunk Driving Conviction
Jail for no less than 120 days and no more than 1 year. The fine will be no less than $390 and no more than $1,000 . You will be considered by the state a "habitual traffic offender" for 3 years following your conviction and have your license suspended for 2 years. Your drivers license will not be reinstated until proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state. The person may apply for a restricted driver's license under certain circumstances by the court, however an Ignition Interlock Device may be required.
Fourth Drunk Driving Conviction
Jail, Prison or both, for no less than 180 days and no more than 1 year. The fine will be no less than $390 and no more than $1,000 . You will be considered by the state a "habitual traffic offender" for 3 years following your conviction and have your license revoked for 3 years. Your drivers license will not be reinstated until proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state. The person may apply for a restricted driver's license under certain circumstances by the court. The person may apply for a restricted driver's license under certain circumstances by the court.
Drunk driving laws in The State of California are similar to many other DUI laws across the United States. California's DUI law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. This is the standard measurement use by all states for the "impaired" driver.
California Drivers License Issues
In California, you may be required to obtain a California SR-22 insurance policy if you have been convicted of a DUI. If your insurance is cancelled because of a Drunk Driving conviction, your vehicle registration will be suspended if a new insurance policy is not issued within 45 days. One reason for an insurance cancellation in California is if your current policy falls under a "Good Driver Discount". Once you have been convicted of a Drunk Driving offense in California. you may no longer qualify for this reduced rate policy.
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