DUI In California

What is a DUI in California?

In California, a DUI (Driving Under the Influence) is the offense of impaired or drunken driving resulting from the presence of alcohol or other substances in a driver's system. All U.S states have a prescribed blood alcohol limit for motorists within their respective jurisdictions. Motorists who operate a vehicle with a Blood Alcohol Content (BAC) above California's legal limit commit a public offense under the California Vehicle Code may face grave legal consequences.

California courts are responsible for issuing penalties to offending road users. These penalties may involve restricting the offender's driving privileges, probation, fines, and other punishments that the courts may deem necessary. Depending on the nature and severity of the offense, DUI records may also be included in the offender's California criminal records unless the charges are dismissed or expunged by a court order.

What is the Difference Between a DUI and a DWI in California?

The term DUI is an acronym for "Driving Under the Influence," while DWI means "Driving While Intoxicated". In California, these terms represent different legal concepts that may be used interchangeably. The California Vehicle Code does not distinguish between the terms and officially uses only 'DUI' to represent both. Hence, a motorist in California may be charged for driving under the influence of drugs or an alcoholic beverage.

Road traffic officials typically conduct a DUI field sobriety test to determine if the motorist is culpable. However, in determining a DWI, the officer uses a Breathalyzer to determine if a motorist's BAC is above the legal limit.

California DUI Laws

Section 23152 of the California Vehicle Code outlines California's drunk driving laws. Per state statutes:

• It is illegal for a person to drive a vehicle under the influence of any alcoholic beverage
• It is unlawful for a motorist to drive with a BAC of 0.8% or more
• It is illegal for a motorist with an addiction to operate a vehicle. However, this does not apply to a motorist participating in a narcotic treatment program under Article 3 of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code
• If there is 0.04% or more alcohol present in a motorist's blood, such a person may not drive a commercial motor vehicle. The motorist must also not drive a motor vehicle if a 'passenger for hire' is in the vehicle
• The code declares it unlawful for a motorist under the influence of any drug to drive a vehicle. It also applies if the motorist is under the combined influence of any alcoholic beverage and drug.

Upon arrest, the arresting officer may make the motorist undergo a chemical test to establish the alcoholic content of their blood. Typically BAC is determined via, a breath test, blood testing, or urine testing.

The California Department of Motor Vehicles (DMV) works with the courts to penalize road traffic offenses. It suspends the driver's license of motorists that commit traffic offenses, including:

• Driving Under the Influence
• Refusal to take an alcohol/drug test
• Habitual repetition of the same traffic violation
• Hit and run charges

Individuals may consult the California Driver Handbook for safe driving practices and a list of offenses that may lead to a license suspension. The DMV uses a point accumulation system to punish violators. A motorist gets points on record for every traffic violation, accumulating over some years. The DMV then works with the courts to revoke or suspend licenses when a driver accumulates too many points.

DUI Penalties in California

The penalties for DUI in California depend on the motorist's driving history and the nature and severity of the offense. In California, DUI is regarded as a misdemeanor except in circumstances that involve death, serious injuries, or other aggravating factors. In such a case, the DUI becomes a felony.

Section 23540 of the Vehicle Code prescribes penalties for persons convicted of a DUI in California, and these penalties are as follows:

• Imprisonment in the county jail for at least 90 days, but not more than a year
• A minimum fine of $390 and a maximum fine of ($1000)
• A suspension of the motorist's driver's license and an order to submit the license to the court
• If the court considers the motorist a traffic or public safety risk, it may refuse the issuance of a restricted driver's license to the motorist

What Happens When You Get a DWI in California?

The State of California does not regard a DWI as a separate offense. It categorizes these offenses in the same way as a DUI with the same penalties as provided in Section 23540 of the Vehicle Code. If law enforcement and the courts can prove evidence of impairment or that a motorist has a high blood alcohol level, the alleged offender is convicted. The motorist may then get an attorney to contest the charges or pay the fine, where necessary.

What Happens When You Get a DUI for the First Time in California?

In California, a first-DUI offense arises where a motorist has no DUI charges within ten years. Upon arrest for a first-DUI offense in California, the law requires the arresting officer to send a copy of the complete notice of suspension or revocation form, the seized driver's license, and a sworn report to the DMV. The DMV will then carry out an administrative review that includes examining the police officer's report, the suspension or revocation order, and the chemical test results like a breathalyzer test. A motorist that refuses to carry out a chemical test violates the California Implied Consent Law and will face an automatic license suspension for a year.

A person arrested for a DUI may request a hearing from the California DMV within ten days of receiving the suspension or revocation order. If the review shows no valid grounds for the suspension or revocation, it may be set aside. After the administrative review, the DMV will notify the affected motorist in writing. However, if the motorist is convicted for a first-DUI offense, it may attract any of the following penalties:

• Suspension of driver's license for four months or more

If the offender completes a 30-day hard suspension exercise, they become eligible for a restricted license.

• Jail time of up to 6 months
• Installation of an Ignition Interlock Device (IID) which is paid for by the offender, and that costs between $70 to $15 to install and between $60 to $80 to maintain

The first DUI offense in California is regarded as a misdemeanor and attracts fines ranging from $390 to $1000. The court may also place the motorist on probation for three to five years or impose other conditions like support groups and victim impact programs.

What is the Penalty for a Second DUI in California?

A second DUI in California arises when a motorist has a prior DUI conviction within the last ten years. It attracts administrative consequences from the Department of Motor Vehicles, including license suspension for a year and specific fees. The failure of a motorist to undergo chemical testing attracts a two-year suspension.

A second DUI is also a misdemeanor in California, and a conviction attracts a jail term of between 96 hours to a year. The courts may convert the jail term to house arrest or work service in certain circumstances. Like a first-DUI, fines for a second-DUI range between $390 and $1,000.

The courts may also penalize the convicted motorist with three to five years of probation, DUI school for 18 months, and a license suspension for two years. However, the motorist may apply for a restricted Ignition Interlock License to drive to and from work or school. If it is a drug-related DUI, the motorist must complete 12 months of suspension before becoming eligible for a restricted license.

What Happens After a Third DUI in California?

In California, a motorist is guilty of a third DUI when they have two consecutive convictions within ten years. As an administrative consequence, the California Department of Motor Vehicles will suspend the motorist's license for a year and up to three years if the motorist refuses chemical testing.

In California, a third DUI is also a misdemeanor and attracts penalties like a three to five-year probation, 18 months of DUI school, and a three-year suspension of license. The affected motorist may apply for a restricted license which will require an Ignition Interlock Device as the only way for the motorist to drive to work or school. There is a 12-month waiting period to obtain a restricted license if the DUI involves only drugs. As part of the restricted license, third offenders must have an IID for a minimum of two years.

How Long Does a DUI Stay on Your Record in California?

DUI convictions in California appear on the convicted motorist's record for ten years after the arrest. There is no way to get rid of the conviction until the ten-year period elapses.

The Department of Motor Vehicles may refer to an offender's record when deciding on a license suspension, revocation, or reinstatement. Law enforcement officers may also access the DUI conviction when viewing the motorist's driving records. Also, car insurance companies have access to the DUI records of individuals. This may increase car insurance rates since a DUI is a serious traffic violation.

DUI cases are not only traffic violations but are criminal offenses and will appear on a motorist's criminal records unless expunged. A convicted motorist may pursue a DUI expungement under Section 1203.42 of the California Penal Code.

DUI Expungement in California

A motorist convicted of a DUI may apply for a DUI expungement in California. Section 1203.42 of the California Penal Code authorizes the expungement of criminal records in the state. Interested motorists complete probation for the offense or serve time (where applicable). Upon completing the probation or jail time for a DUI, the motorist may petition the court to expunge the conviction record. A judge may then review the petition to establish if the motorist is eligible for the expungement. If the judge grants the petition:

• The motorist will have to withdraw a guilty plea earlier entered and enter a 'not guilty plea, or
• The judge may set aside a guilty verdict after a jury or bench trial and dismiss the case.

An expunged DUI conviction helps affected motorists to secure employment, as prospective employers cannot use the record as a basis for negative employment consequences under the California "Ban the Box" Law. Individuals are also not required to disclose information on expunged convictions unless where applying for state licenses or teaching credentials. However, under section 13555 of the California Vehicle Code, an expungement does not affect a driver's license revocation or suspension. Also, expungement relief does not apply to a convicted motorist under supervised release.

A motorist who satisfies all necessary conditions may apply for expungement in writing or in person through an attorney or authorized probation officer. It is also possible to get an early termination of DUI probation in California. The offender under probation must file a petition to that effect before the court, which has the discretion to grant the early termination in the following circumstances:

• If the convicted motorist completes the terms of probation successfully, including the payment of fines, restitution and attends the required classes
• If there is any circumstance that may justify the need for early termination of the probation, like to travel for work or to visit sick family members

Most times, judges are reluctant to grant an expungement in such a manner and require the convicted motorist to complete probation before granting the request.

How Likely is Jail Time After a First DUI in California?

It is not likely for a first-time DUI offender to spend time in jail. This is because judges are generally more lenient with first offenders and usually order probation instead of mandatory jail time. However, in selected cases, a first-time DUI offender may receive anything from 48 hours to six months in jail.

What is the Average Cost of DUI in California?

In California, a DUI is expensive, and expenses surrounding a charge may range between $10,000 to $15,000 or more. Following the arrest, it is common for the arresting police officer to tow the offender's vehicle, which will cost approximately $50 to be released. Offenders may also be required to pay the towing company to tow and store the car, which may cost up to $200.

A tidy sum of money goes into attorney fees, depending on the attorney's expertise. Attorney fees can cost between $500 to about $8000. Convicted motorists also have to consider the payment of court fines which is $390 for first offenders, even though other mitigating factors may drive up the cost.

The installation of an Ignition Interlock Device costs around $100, and the maintenance is on the average of $80 every month. Also, the court may require the convicted motorist to attend a DUI program or DUI school, and these cost an average of $500. Usually, the DUI school runs for three months, but the courts may impose a longer time frame.

Upon suspending a motorist's driver's license, offenders may spend up to $125 to reinstate their license. If the DMV suspends the license, offenders will be required to pay a $55 fee for re-issuance. Medical expenses may also need to be covered if another party is injured or if the offending motorist is the one with the injury.

How Much is Bail for a DUI in California?

In California, motorists arrested for a DUI may not be released immediately. While first-time offenders are usually released 24 hours after their arrest without posting bail, repeat DUI offenders or motorists guilty of aggravated offenses often have to post bail. If the DUI was a felony, a hit and run, or a fatal collision, the offender is often required to post bail.

In California, it is common practice for bail fees to vary based on the location and gravity of the offense. For example, in Los Angeles, bail for a first-time DUI offender is $5,000, and for offenders with prior convictions, it rises as high as $25,000 and sometimes $50,000. The cost for bail depends on the county, as most times, Los Angeles County may not demand bail for misdemeanor DUI offenses while other counties may impose bail.

How to Get My License Back After a DUI in California?

Under the California Vehicle Code, a revocation involves the termination of a driver's driving privileges for a specified time. The DMV may revoke a person's license for different reasons, some of which are:

• Road rage
• Mental or physical disorders
• Alcohol or drug addiction

Once revoked, a motorist cannot get a license restored or reinstated. The only way out is to apply for a new license once the revocation period elapses. The new application process involves taking a new driving test and paying the applicable fees. Also, the motorist will have to undertake any required courses and provide the necessary documentation to get the new license.

Alternatively, affected motorists may challenge the revocation by requesting an administrative hearing not more than ten days after receiving the revocation or 14 days if the notice came in the mail.

How Does a DUI Affect Your Life in California?

A DUI shows up in background checks and can cause severe consequences for individuals in California. Some significant consequences of a DUI conviction include:

• Getting denied a professional license or having their certification revoked
• Losing a job opportunity if it requires having a valid driver's license
• Increased car insurance premiums

Can You Get Fired for a DUI in California?

Yes, a DUI conviction in California can get a person fired. Depending on the kind of employment, nature of the job, number of convictions, and other factors, the employer maintains the right to terminate an employee's employment after a DUI.

For example, a DUI is a career-ending experience for a truck or commercial driver. Driving under the influence violates the standard expected of a commercial driver. Also, for healthcare professions that operate with licenses, a DUI conviction may lead to revoking such license, leading to a loss of job for the offender.

In other fields not mentioned, the risk of job loss is low. Also, due to the "Ban the Box" legislation, employers can no longer ask for criminal history or prejudice a prospective employee.

How Do I Find DUI Checkpoints in California?

DUI checkpoints are legal in California, and under the Vehicle Code, law enforcement may set up sobriety checkpoints with signs and displays requiring motorists to stop. Finding these sobriety checkpoints is tricky as there is no specific public information about the checkpoints. Motorists and other road users may find these checkpoints only when such motorists approach the checkpoints.

Still, the best way to find information on DUI checkpoints before driving in California is through the local Police Departments, newspapers, news websites, and local TV stations. Once at the checkpoint, section 2814.2 of the California Vehicle Code requires all motorists to submit to the checkpoint, and a refusal will attract stiff consequences.

DUI checkpoints in California involve a brief discussion between the police officer and a motorist to determine if the motorist is driving while intoxicated. If the motorist shows any impairment, the officer may conduct a Field Sobriety Test (FST) or a Preliminary Alcohol Screening (PAS) breathalyzer test.

Which Is Worse, DUI vs. DWI?

The difference between a DUI and DWI is not significant in California, as they both involve similar dangerous driving behaviors. Not every state distinguishes these offenses, but in the states that have them as separate offenses, the DWI is the more serious of the two. It considers a higher level of impairment or intoxication and requires more proof.

There is no legal difference between a DUI and a DWI in California. California is a zero-tolerance state and has implied consent laws. As a result, all persons with an active driver's license are subject to testing for legal alcohol limits. Once a person tests above the legal limit for alcohol, the person faces a DUI charge which stays on record for ten years.