Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.
Video DUI laws in California
Penalties
The consequences of being charged with DUI include both criminal and administrative penalties.
Administrative penalties
Administrative penalties are imposed by a government agency, such as the Department of Motor Vehicles, and may be potentially be imposed even if a person is not convicted of DUI.
When a driver is charged with DUI in California, the driver's license is revoked and a 30-day temporary license issued in its place. The driver may ask for a hearing by the Department of Motor Vehicles (DMV) for extension of the temporary license or authorization to apply for a new permanent license; in most cases the outcome of such a hearing is a determination that thetemporary license may be used only in traveling to and from work until the case is resolved. (If no hearing is requested then all driving privileges expire at the end of the 30 days, until the judge in the criminal case determines the driver's final disposition.) Separate from the DMV's determination are any criminal charges; in conjunction with sentencing the presiding judge will determine any restriction, revocation, or restoration of the accused driving privileges. Attorney's fees for a DUI case typically from $2,000 to $6,000.
Criminal penalties
If a person in California is convicted of DUI, the court may impose the following penalties:
Minimum penalties for first conviction
- Approximately $1800 in fines
- Average time for first offense: 48 hours, less time served at initial arrest until release on own cognizance.
- 90-day restricted license to go to and from work, and or to a certified 3-month alcohol treatment program
- Attend a 3-month mandatory California sanctioned alcohol treatment program costing $500
- Driving privileges suspended after 30 days from the arrest date (imposed by the DMV)
- Auto insurance must now carry an SR-22 insurance certificate for 3 years. Additional insurance fees will be required
- 3 - 5 years probation
- Possible installation of an ignition interlock device on the offender's vehicle
- Average total fines, fees, alcohol treatment program, increased auto insurance, and cost of a DUI defense attorney $7,000-$11,000.
Minimum penalties for a second offense
(note: It is considered a second offense if the accused is arrested for a DUI within 10 years of the first offense)
- 10 days in jail
- $1,800 in fines
- 18-30 month California State sanctioned alcohol treatment program costing an additional $1,800
- installation of an interlock device on all vehicles owned by the offender
- Driving privileges revoked for one year from the arrest date (imposed by the DMV)
- Drastically increased auto insurance rates, and extended SR-22 insurance certificate required
- 10 years probation
Minimum penalties for a third offense
- 120 days in jail
- $1,800 in fines (may go up to $18,000)
- Revocation of driver's license for 3 years
- Completion of a 30-month alcohol multi-offender program
- Drastically increased insurance coverage ranging in the thousands of dollars, if and when driving privileges are restored
- If charged as felony: forfeiture of the offender's vehicle indefinitely.
Maps DUI laws in California
See also
- List of alcohol laws of the United States
References
External links
Source of article : Wikipedia
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