California DUI Laws
Going through the California Drunk Driving laws and DUI penalties if you get caught with a BAC of .08% in California is a good way to scare you off. From the amount of fees you need to pay, to the number of days you'll be imprisoned, it may make you wish you just didn't go out that fateful DUI day.
There are four instances of DUI arrests that you can be slapped on. Each is harsher and more expensive than the previous one. All arrests have 2 separate sets of penalties that may sometimes intertwine with each other. You face administrative penalties from the Department of Motor Vehicles (DMV) and criminal penalties from the court. Can you choose to just face 1 set of penalties? No.
To avoid repetition of information, here's a general framework for ALL instances of conviction. They may change at anytime. Check with DMV.
Also remember that the DA is going to fight only as hard as he has to get a DUI conviction having a driving under the influence attorney that specializes in DUI Defense is going to get him in the negotiate mode faster and look to Plea Bragging your case The DA's office only has so many lawyers and so much of a budget, so they will take the easier and softer way rather than get in to a big DUI legal fight. If you can get it knocked down to a lesser charge like DWI or reckless driving you might avoid jail time and loss of work, combined with a lesser fine, many times makes the criminal defense lawyer look like a much better deal!
Besides losing your driving privileges you are also put into the high risk insurance pool what this means is that you are going to pay way more for insurance, which is called SR22 insurance and if you do not have the insurance, then your licence is not valid so you will also be facing driving without a drivers licence and the not having insurance and driving under suspension as the insurance is a stipulation for your licence not to be suspended. Needless to say all of that is going to cost a bundle to work your way out of
- Fine from $1000 to $3000 at the very least (fees go higher in some cases due to other fees you need to pay for your sentence completion and other probation requirement)
- Mandatory jail term (some days can be converted to work service)
- Suspension of drivers license (refusing a breathalyzer test can extend your suspension to more than the required minimum)
- Mandatory installation of an IID for up to 3 years (ignition interlock device)
- completed SR-22 (with a certificate value of at least $30,000 per vehicle from an insurance company licensed by the Department of Insurance)
- Mandatory completion of a DUI program (2 hours per session on most cases)For Specifics (minimum penalties):
1st conviction
- 3 days jail time
- $1000-$1600 fees
- 4-6 months of driver's license suspension (NEVER refuse a breathalyzer test if you don’t want more trouble)
- 3 - 5 years informal probation (no reporting to an officer but zero tolerance on driving and drinking-- good luck to you if you break this one)
- 3 months DUI program2nd conviction (within 10 years from the previous one)
- 4 days of imprisonment (or 96 hours)[warning: some counties require 10 days of jail term]
- $1000 - $2000 fees
- 1-2 years driver's license suspension (some counties allow you to have a restricted license on the 2nd year)
- 3 to 5 years of probation period (required to report regularly to an officer)
- 18 months DUI program3rd conviction
- 120 days to 1 year jail time (may be converted to work service-- your lawyer can do this)
- $1800-$3000 fees
- Up to 3 years drivers license suspension
- 3-5 years of formal probation period
- 18 months DUI program4th conviction
- 180 days - 1 year jail time
- $1800-$3000 fees
- 4 years driver's license suspension
(a 4th conviction can be considered as felony DUI-- you may get a jail term of up to 3 years in state prison and permanent revocation of your license).When you are read your Miranda Rights exercise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.