• State Penal Code – CVC Sections 23152-23229.1
• Open Container Laws – Yes
• Repeat Offender Laws – None
• Check Points – Yes – over 2500 annually
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in California are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 2 year license suspension

3rd Refusal

• 3 year license suspension

• In California the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI

• A  underage DUI/DWI will increase the first offense license suspension period to 1 year
• You may also face the same penalties as a regular driver in all other penalty categories

1st Offense

• 4 month license suspension

• $1400 – $1600 fine
• Prison (96 hour minimum, 6 month maximum)

• you will be required to attend a state approved 30 hour first offender program
• Installation of Ignition Interlock Device

2nd Offense

• 1 year license suspension

• $1800 – $2800 fine

• Prison (10 day minimum, 1 year maximum)
• you will be required to attend a state approved 18 month multiple offender program
• Installation of Ignition Interlock Device

• A BAC of .15% will make an Ignition Interlock Device mandatory on a first offense
• A BAC of .20% or above will increase the mandatory first offender program to 60 hours for a first offense

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a 4 month CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a 1 year CDL suspension

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In California an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• In California Wet Reckless is a specific term that references Vehicle Code 23103.5
• This allows a defendant to plead “Nolo Contendere” to reckless driving with alcohol involved
• This is typically only permitted on first offenses in which there was no property damage or injury
• There is no mandatory jail time and probation is typically 1-2 years less than a regular DUI/DWI penalty
• There is no criminal record and although there are fines, they are typically much lower than DUI/DWI fines
• A Wet Reckless may be upgraded to a full DUI/DWI if you are arrested within the 10 year look-back period
• You will incur the upgraded penalties of a second full DUI/DWI in this case