DUI

Understanding California DUI Laws

What’s a DUI?

In California, driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol or drugs. The law applies to both alcohol and any substance that affects a person's ability to safely operate a motor vehicle. These laws apply to alcohol, illegal drugs, prescription medications, even over-the-counter drugs, and even drugs that are now legal in California such as Marijuana.

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DUI violations Codes

California Vehicle Code 23152(a) and 23152(b) address DUI violations.

• 23152(a) makes it illegal to drive under the influence of alcohol or any other substance, where "under the influence" means a driver's mental or physical abilities are impaired, even if their BAC is below the legal limit, or the substance in their system would not normally cause impairment.
• 23152(b) establishes that driving with a BAC of 0.08% or higher is illegal, regardless of impairment.
• 23152(f) makes it illegal to drive under the influence of a drug.
• 23152(g) makes it illegal to drive under the influence of drugs and alcohol.

DUI Penalties under these codes can include fines, DUI school, probation, a six-month license suspension, and possibly an ignition interlock device (IID). The driver's license is typically confiscated during the arrest, with a temporary 30-day license issued. To avoid an automatic suspension, the driver must request a DUI DMV hearing within 10 days.

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What are the BAC (blood alcohol concentration) Limits in California?

California has established specific blood alcohol concentration (BAC) limits for drivers:

• 0.08% or higher for drivers 21 years and older
• 0.01% or higher for drivers under 21 years old
• 0.01% or higher for drivers on DUI probation
• 0.04% or higher for commercial drivers in a commercial vehicle (
• 0.04% or higher for passenger-for-hire drivers (taxi, limo, Uber, Lyft)

It's important to note that even if a driver's BAC is below these limits, they can still be arrested and convicted of a DUI if their driving is impaired. In California, a driver is required by the implied consent law to take a chemical test (breath or blood) if they are arrested on suspicion of DUI. Refusing to take a chemical test after arrest can result in a one-year suspension or revocation of driving privileges.

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DUI Charge for Drugs

California law defines a drug as any substance or mixture of substances, except alcohol, that can affect a person's muscles, brain, or nervous system, impairing their ability to drive safely, including illegal drugs, legal drugs, over-the-counter medications, or prescription medications.

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Unlike alcohol, there is currently no legal limit for drug concentration in the bloodstream. Any amount of drugs present in a driver's system can result in a DUI drug charge if it impairs their driving abilities. The law does not differentiate between illegal substances and medications prescribed by a doctor, or even drugs that can be purchased without a prescription, such as marijuana. If a medication affects a person's ability to drive safely, they can be charged with a DUI, even if they are taking it as prescribed.

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Types of DUI Offenses

• First-Time DUI: Typically results in fines, license suspension, mandatory DUI education programs, and possible jail time.
• Repeat DUI Offenses: Penalties increase with each subsequent offense, including longer license suspensions, higher fines, extended jail time, and mandatory installation of an Ignition Interlock Device (IID).
• Felony DUI: DUI can be charged as a felony if it involves injury or death, if the driver has multiple DUI convictions within 10 years, or if the driver’s previous conviction was a felony. Felony DUI carries severe penalties, including state prison time.

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Zero Tolerance for Underage Drivers (under 21)

The Zero Tolerance law strictly prohibits underage drivers (those under 21) from operating a vehicle with any measurable amount of alcohol in their system. Under this law, if an underage driver is found with a Blood Alcohol Concentration (BAC) of 0.01% or higher, their license will be automatically suspended for one year by the DMV. California has a zero tolerance policy for underage drinking and driving under Vehicle Code Section 23136.

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Implied Consent Law

The Implied Consent Law mandates that all drivers lawfully arrested for a DUI must submit to a chemical test to determine their Blood Alcohol Concentration (BAC) and/or the presence of drugs. By obtaining a driver's license in California, drivers have implicitly agreed to this testing. Refusal to comply with the test can result in severe penalties, including an automatic license suspension by the DMV of one year for a first offense and longer suspensions for subsequent refusals.

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DUI Expungement

DUI expungement is a legal process that allows individuals convicted of a DUI to have the conviction removed from their criminal record. While an expungement does not erase the DUI entirely, it updates the record to show that the case was dismissed after the completion of probation. This process can help in securing employment or housing, as the conviction is no longer considered in most background checks. However, it’s important to note that an expunged DUI still counts as a prior conviction if you are charged with another DUI within ten years, and it does not remove the offense from your driving record or affect any related DMV actions, such as points on your license.

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Consequences of a DUI Conviction

License Suspension or Revocation

Depending on the circumstances of your case, your driver's license could be suspended for several months or even years. This can greatly impact your ability to commute to work, manage daily responsibilities, and maintain your independence.

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Suspension vs. Revocation license - what is the difference?

The difference between a revoked and a suspended driver's license is that a revocation is permanent, meaning your driving privileges are revoked for a period of time, and you are not able to obtain a restricted license until that period of time has expired. In contrast, a suspension is temporary, where your driving privileges are paused for a specific or indefinite period, and you can reinstate your original license once the suspension conditions are met.  With a suspension, there are often options that you can take to obtain a driver’s license that is restricted in some way (such as requiring you to only drive a motor vehicle with an Ignition Interlock Device (IID) in your vehicle. Revocations typically occur for severe violations, while suspensions are for less serious offenses.

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Financial Impact

A DUI conviction in California can lead to significant financial penalties, including fines ranging from $390 to $1,000 for a first offense, with higher fines for repeat offenses. Additionally, you may be required to pay court fees and assessments, which can more than triple the fines.   Participation in a mandatory DUI program can cost between $500 and $2,000, depending on the program's length and your offense history. Also, insurance premiums increase by 30-50% following a DUI conviction, leading to long-term financial strain.

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Criminal Record

A DUI conviction will appear on your criminal record, which can affect your future employment opportunities, housing prospects, and even your reputation in the community. For repeat offenses or felony DUIs, the impact is even more severe.

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DUI Programs

California law mandates participation in DUI education programs as part of the conviction consequences. First-time offenders must complete a 3-month program, which extends to 9 months for those with a BAC of 0.20% or higher. Second offenders are required to attend an 18 or 30-month program, while third and subsequent offenders must also complete an 18-month or a 30-month program.

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Jail Time

Jail time for a DUI offense can vary depending on the specifics of your case. The legal system offers pathways for rehabilitation and growth. For a first-time DUI offense, jail time may range from 48 hours to six months, but alternative sentencing options, such as community labor or home electronic monitoring are often also available.  It is important to have legal representation to guide you through this process with understanding and support, helping minimize the impact on your life and work toward a positive resolution. 

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Ignition Interlock Device (IID)

First-time offenders may be required to install an Ignition Interlock Device (IID) for 6 months. For second offenses, the requirement extends to 1 year, and for third offenses, it increases to 2 years. The IID requirement allows individuals to continue driving but necessitates passing a breath test before the vehicle will start.

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What to do Immediately After Getting Arrested for a DUI?

First, remember that you have the right to remain silent and should do so until you can speak with an attorney. Anything you say can be used against you in court, so it's wise to avoid making any statements without legal counsel present.

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Once you are released from custody, it’s important to contact a qualified DUI attorney as soon as possible. An experienced attorney can help you understand the charges, explore possible defenses, and guide you through both the DMV hearing and the criminal court process. They will assist you in avoiding an automatic license suspension by contacting the DMV to request a DMV hearing within 10 days of your arrest.  They can also advise you on the steps you need to take to obtain a restricted license. Taking prompt and informed action after a DUI arrest can make a significant difference in the outcome of your case.

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The Role of a DUI Lawyer

After being arrested for a DUI in California, a DUI lawyer is critical in navigating the complexities of the legal system and protecting your rights. A skilled DUI attorney will examine the details of your case, looking at the circumstances of your arrest, any evidence against you, and any potential violations of your rights during the incident. In addition, a DUI lawyer will represent you in both DMV hearings to contest your license suspension and in criminal court to go over the evidence, file any necessary motions, bring  an alternative case to the prosecutor, provide information about you that is not part of this specific incident, negotiate a resolution if that seems to be in your best interest, and  present your defense to a DUI Jury Selection if you decide to continue with a jury trial.   Their expertise is vital in helping to minimize the consequences of a DUI charge, whether it’s avoiding jail time, reducing fines, or securing a restricted license to keep your driving ability.