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California DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Possibility (at the discretion of the judge)
  • Vehicle and License Plate Sanctions – Yes – Vehicle impoundment and confiscation

General State Information

  • 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

Understanding DUI/DWI Penalties

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

Chemical Test Refusal

– 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

Lookback Period

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

Zero Tolerance

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

Penalties for Underage Drivers (under 21)

  • 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

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

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

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

  • 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

CDL Drivers (Commercial)

  • 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 Requirement

  • 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

Wet Reckless

  • 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
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