Watch Out! You May Have Less Than 10 Days To Fight Losing Your Driver's License

Charged with DUI in California? Hire an California DUI Lawyer who understands California DWI Laws.

According to California DUI Laws, drunk driving charges are considered a serious criminal offense and a DUI conviction in California can have long lasting consequences. Getting arrested for DUI / DWI in California can have life-changing consequences, so it’s critical to have a skilled DUI lawyer with experience defending both misdemeanor and felony DUI / DWI charges on the driver’s side.

Therefore, if charged with a DUI (Driving Under the Influence) in California, you should immediately hire an California DUI attorney who understands California DUI laws to defend your case. According to California law, it is imperative that you request a hearing for your case within ten days, as failure to do so will commence the suspension of your license.

Even motorists licensed in other states who are arrested for DUI / DWI in California must request a California DMV hearing to protect their driving privileges. California is one of 45 states that participate in the Interstate Driver's License Compact, an agreement to share information about DUI or DWI convictions and driver's license actions with other member states.

 

While Driving in the State of California:

  • Drivers under 21 year may not have beer, wine or liquor in their vehicle while they are driving alone.
  • Drivers under 21 must not have a blood alcohol concentration level (BAC) of 0.01 or higher.
  • Drivers under 21 cannot drive after consuming alcohol in any form, including cough syrup, and prescription drugs.
  • A person over the age of 21 is considered drunk if the Blood Alcohol Level (BAC) is 0.08 or higher.
  • Any vehicle requiring a commercial driver license with a BAC of 0.04 percent or higher is considered a DUI.

Offenders of California DUI laws can face numerous California DUI penalties such as jail, community service, education/ treatment, fines/ fees and license suspension (the court revocation may be along with or in addition to the revocation by Division of Motor Vehicles (DMV). Electronic monitoring may be obtained in lieu of jail time in appropriate cases, although it is important to discuss this with an experienced California DUI attorney.

If you are under 21 you will be subject to the same laws and penalties as adults.

You may be charged with felony DWI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.

The penalties and sentences for California are as follows:

First California Drunk Driving Conviction

  • Jail – From 96 Hours to 6 Months
  • Fine – From $390 to $1000
  • License Suspension – 6 Months
  • Must Complete a Driving Under the Influence Program
  • May Be Ordered to Install Ignition Interlock Device (IID)
  • Must Provide Proof of Financial Responsibility for Reinstatement

Second California Drunk Driving Conviction (Within 10 Years of Previous)

  • Jail – 90 Days to 1 Year
  • Fine - From $390 to $1000
  • License Suspension – 2 Years
  • May Apply for Restricted Driver License (IID Required)
  • Must Complete a Driving Under the Influence Program
  • Must Provide Proof of Financial Responsibility for Reinstatement

Third California Drunk Driving Conviction (Within 10 Years of Previous)

  • Jail – 120 Days to 1 Year
  • Fine - From $390 to $1000
  • License Suspension – 3 Years
  • May Apply for Restricted Driver License after 1 Year
  • Ignition Interlock Device Required
  • Must Complete a Driving Under the Influence Program
  • Must Provide Proof of Financial Responsibility for Reinstatement

Fourth California Drunk Driving Conviction (Within 10 Years of Previous)

  • Jail – 90 Days to 1 Year
  • Fine - From $390 to $1000
  • License Suspension – 2 Years
  • May Apply for Restricted Driver License (IID Required)
  • Must Complete a Driving Under the Influence Program
  • Must Provide Proof of Financial Responsibility for Reinstatement

Drunk Driving Laws (DUI) In California

DUI / DWI Laws for Drivers Under 21:

  • You are not suppose to carry bear, or any liquor in the vehicle while you are driving alone
  • You are not suppose to consume alcohol at all, not even in the form of prescribed drugs or cough syrup.
  • You will be charged for a DUI if your BAC is 0.1 or higher.

DUI / DWI Laws for Drivers Above 21:

  • You will be charged for a DUI / DWI if your BAC is 0.8 or higher.
  • If you have a commercial drivers license, your BAC should not be 0.4 or higher.
  • If you are a repeat offender your BAC should be less than 0.1.

Other Laws

California is a state that has zero tolerance for repeat offenders. This law makes it unlawful for a person who is on probation for a violation of either of certain driving under-the-influence offenses to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01% or greater, as measured by a preliminary alcohol screening test or other chemical test.

Imposes additional sanctions on person found to violate this prohibition.

Removes obsolete references in existing law related to license revocation for refusing or failing to complete a preliminary screening test.

To fully understand the penalties associated with a California DUI charge, it is strongly recommended that you consult with a California DUI lawyer that you are most comfortable with and who can knowledgeably represent you throughout your trial and court proceedings.  You can find a California drunk driving attorney by typing in the city of your arrest above or call our 24 hour DUI hotline

Additional Resources