DUI & DWI in California

(within 10 years)

• Imprisonment for up to 1 year.
• A $1,000 fine and additional penalty fines and legal fees.
• 2 points will be added to your driving record.
• Your license will be suspended for 2 years.
• DUI program and SR-22 filing requirement.
• Because penalties beyond 1st offense are dependent upon the offense number, it’s best to contact a CA DUI attorney for help.

• Imprisonment for up to 1 year.
• A $1,000 fine and additional penalty fines and legal fees.
• 2 points will be added to your driving record.
• Your license will be revoked for 3 years.
• Because penalties beyond 1st offense are dependent upon the offense number, it’s best to contact a CA DUI attorney for help.

• Imprisonment for up to 1 year.
• A $1,000 fine and additional penalty fines and legal fees.
• 2 points will be added to your driving record.
• Your license will be revoked for 4 years.
• Because penalties beyond 1st offense are dependent upon the offense number, it’s best to contact a CA DUI attorney for help

Drivers younger than 21 years old face two kinds of alcohol-related offenses, and both affect their driving privileges: Possessing Alcohol, and violating the Zero Tolerance Law.

Possession of Alcohol

If you’re younger than 21 years old, you can’t possess alcohol in your vehicle unless the container is full, sealed, and unopened. You also must either:

• Be with a parent or legal guardian; or
• Be working for a person with an off-site liquor license.

Breaking this law leads to:

• Vehicle impoundment for 30 days.
• Fines of up to $1,000.
• License suspension for 1 year.

Zero Tolerance Law

• License suspension for 1 year.
• The educational portion of DUI School.
• Hundreds of dollars in fines.
  • 2 points will be added to your driving record and your license suspended or revoked, if you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.01% while driving.
  • For BAC of 0.01%, the Police Officer may issue you a temporary license for 30 days after taking your license and may hand you over to juvenile authorities or your parents. For BAC over 0.05%, you will be issued an order of suspension and will be detained till handed over to juvenile authorities or your parents. For BAC 0.08% or more, you may be arrested by the peace officer.
  • Your vehicle can be impounded for 30 days if you are caught in possession of alcoholic beverages in your vehicle, the court may levy a $1,000 fine and your driving privilege may be suspended for a year or may direct the DMV to delay issue of your first license by one year. You may carry an alcoholic beverage if you are accompanied by a parent of legally specified individual.
  • Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• 2 points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%.
• You may be barred from driving a commercial vehicle for a period of 90 days to 5 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the 2nd offense.

NOTE that these suspension periods are in addition to any fines, jail time, and DUI programs the CA DMV and court system impose.

Moreover, the Federal Motor Carrier Safety Administration (FMCSA) Disqualification of Drivers employs big penalties when it comes to commercial drivers and the offenses that disqualify them.

California laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is aged 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.01% or more.

Under this action, if you are arrested for DUI/DWI, the arresting officer will confiscate your California driver license and issue a temporary 30-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire sworn report of the incident to the DMV.

The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 10-year driving record. If the driver has any alcohol related convictions or suspensions (for the 10-year term), his license will be revoked for 2 years. If not, it will be suspended for up to 6 months.

You may be eligible to drive using the Restricted License, after the 30 days of suspension. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then the DMV will send a notification in writing, his license will be returned and the suspension/revocation will be cancelled.

If the driver, however, does not request a hearing, then the suspension/revocation will begin on the 30th day after the arrest, and is final. You may also be punished under the Three Strikes Law of California (see below) if your case involves serious injury/ death.

In California, if you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over.

Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the approved drinking driver program for your 1st offense or an 18 or 30 month program for second or subsequent offense, or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program); pay the reinstatement fee of $125 ($100 for those under 21), and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their 1st offense under the zero tolerance law. For BAC of 0.20% or more, you will have to undergo an enhanced DUI treatment program and your license will be suspended for 10 months.
• If you are being convicted the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can submit the reinstatement application and fees at a DMV office near you.

• You’ll likely have to file proof of financial responsibility in order to get your driving privileges back, including after an Admin Per Se suspension. 
Most often, drivers rely on an SR-22 filing. An SR-22 is a type of financial responsibility certificate that proves you’re carrying the state’s required minimum liability coverage. Your insurance provider can file this form with the CA DMV. 
You also have other options. For example, you can: Post a $35,000 cash bond, post a surety bond, or self-insure.

CA IGNITION INTERLOCK DEVICE

You may be ordered to install an ignition interlock device (IID) into your car as part of your DUI penalties. An IID is a small gadget wired to your vehicle’s ignition that requires breath samples before you can start your vehicle, as well as periodically throughout your drive. If an IID detects alcohol on your breath, the vehicle won’t start. The court might order an IID if:

• You had a BAC of at least 0.15%.
• You had moving violations prior to the DUI.
• You refused the chemical test.
• You’re convicted in Alameda, Los Angeles, Sacramento, or Tulare Counties.

The court provides forms and procedure instructions for monitoring the installation and use of your IID. Expect to pay various fees and related costs, including administrative service fees and restriction fees. California provides a list of IID providers. Make sure the provider you choose is licensed in the state.

ADMIN PER SE PENALTIES

An Admin Per Se suspension occurs when the officer takes your license on the spot after you fail or refuse a chemical test. The officer or the DMV will issue an Order of Suspension and possibly a temporary license. If you believe the suspension is unjustified, you may request an administrative hearing within 10 days of receiving the order.

CALIFORNIA’S THREE STRIKES LAW

California’s Three Strikes Law delivers certain sentences to people who commit multiple serious and violent felonies. Specifically upon a “third strike,” a convict receives a life sentence with the possibility of parole only after 25 years. 
Proposition 36 revised which crimes warrant life sentences, authorized re-sentencing, and detailed when to maintain life sentences. 
Some CA DUI offenses fall under the Three Strikes Law. These include the most serious offenses, such as those that involve severe injuries and death. Not only do you face extended jail time, longer (or even permanent) license revocation, and higher fines and court costs, but you might also face civil lawsuits. 
If your case falls under the state’s Three Strikes Law, don’t try to navigate the court system alone; seek legal representation as soon as possible.

ENROLLING IN THE CA DUI PROGRAM

All DUI convictions require drivers to complete a DUI program. The course length varies based on your BAC and any previous DUI convictions. 
Your judge and DUI lawyer will inform you of your DUI program requirements, but you can review the state’s DUI Fact Sheet for an overview of the various offender programs.

APPLYING FOR A RESTRICTED LICENSE

Restricted licenses allow you to drive to and from places designated by your court, and are available for some DUI offenders. 
You might be eligible if:

• This isn’t your 3rd or subsequent DUI offense in the last 10 years.
• You agreed to the chemical test.
• Your license wasn’t already suspended or revoked.

To apply for the restricted license:

• Request the application from the DMV after the mandatory 30-day suspension is up.
• Pay the $125 fee to reissue your license (or a $100 fee if you’re younger than 21 years old and the judge deems you can have one).
• Enroll in the DUI First Offender Program and get the instructor to file Proof of Enrollment Certificate (Form DL 804) with the DMV.
• Meet certain financial responsibility requirements, such as filing an SR-22 or providing a $35,000 cash deposit, surety bond, or self-insurer certificate.
• Install an IID, a possibility for some drivers.