Overview of DUI Law in California One of the most common offenses charged in the criminal courts today is Driving Under the Influence of Alcohol (DUI). During the last several years, political lobbies such as Mothers Against Drunk Driving (MADD) have pressured lawmakers to pass more stringent statutes related to drunk driving. These statutes have gone beyond a prohibition against driving while under the influence of alcohol; they have created a huge administrative and legal maze, which is very difficult to navigate. These statutes have also made defending a DUI a difficult task, requiring both a thorough knowledge of the science and an in depth understanding of the legal procedure unique to a DUI charge. In addition, the consequences of a DUI conviction have increased substantially. When you are charged with a DUI in California, you will probably be charged with both “driving under the influence of alcohol (DUI),” and “driving with .08% or higher blood-alcohol concentration.” The latter is also referred to as the “per se” offense because you can be charged for merely having .08% or higher whether or not you are actually under the influence of alcohol. In addition, the “per se” offense creates a rebuttable presumption that you were driving while under the influence of alcohol. California law provides for the following possible penalties for a first DUI offense: -
Up to six months in jail -
Fines and assessments -
Mandatory attendance at a state sanctioned DUI school -
Community service -
Some judges might order you to install an ignition interlock device (IID) on your vehicle -
Some judges might order you to attend a MADD victim’s impact panel -
Some judges might order you to attend Alcoholics Anonymous meetings In addition, if one of the following enhancements is proven, you may suffer even more severe consequences: - Having a child under 14 years old in the car
- Speeding—over 20 mph on the surface streets or 30 mph on the highways (requires a minimum 60 day jail sentence)
- Refusing to submit to chemical testing (breathalyzer, blood test, or urinalysis)(license is suspended for one year)
- Multiple convictions for DUI within the previous ten years
- Three or more prior convictions increase the offense from a misdemeanor to a felony
The Department of Motor Vehicles will also suspend your license for four months. This suspension can be reduced to a 30-day suspension followed by a five-month work restriction permit if you file proof of enrollment in a DUI school and an SR-22 form (proof of insurance/financial responsibility). If this is your second offense, your license will be suspended for one year, and anyone who refuses to submit to chemical testing will have his license suspended for one year with no possibility of a work restriction permit. If this is your second offense for refusing to submit to chemical testing, your license will be suspended for two years (no work restriction permit). These suspensions automatically go into effect after 30 days and are called Administrative License Suspensions (ALS). Important: you have only ten calendar days in which to contest an Administrative License Suspension in an administrative hearing. Request a hearing by calling the Department of Motor Vehicles’ Safety Office within ten days. An experienced DUI attorney may be able to have the suspension thrown out. If you do not call to ask for a hearing within ten days, the DMV will automatically suspend your license after 30 days. In other words, if you wait until the eleventh day, you cannot get a hearing and the DMV will automatically impose the suspension. For information on what to do if you are pulled over on suspicion of a DUI, click here. |
