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Laws and Penalties

California's DUI
Laws & Penalties

In California, there are various ways to violate the DUI laws depending on the type of substance consumed or even the classification of the driver. 

While California laws are consistently changing as it relates to DUI, here is a list of the various laws created to criminalize driving under the influence:

  • Driving under the influence of alcohol
  • Driving with a blood alcohol concentration of .08% or more
  • Driving while being addicted to the use of any drug
  • Driving a commercial vehicle with a blood alcohol level of .04% or more
  • (Commencing July 1, 2018) Driving with a blood alcohol concentration of .04% or more when a passenger for hire is a passenger in the vehicle at the time of the offense (e.g., Uber, Lyft)
  • Driving under the influence of any drug
  • Driving under the influence of a combination of alcohol and drug
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DUI Enhancements

It is also important to realize that having a prior conviction for a DUI-related offense is not the only way a person can receive jail/custody as a punishment. In some circumstances, the law requires that an individual be sentenced to jail/custody even if convicted of a first offense! In these situations, the circumstances surrounding the DUI often cause additional “special allegations” or enhancements to be added to the DUI to make it more serious. 

Here are just a few examples and the potential additional punishments:

  • If you willfully refuse to submit to or complete a blood-alcohol concentration evidentiary test after arrest under California’s Implied Consent Law, then the law requires that a person receive an additional two days of jail for a first offense; four days in jail in a second offense; 10 days in jail for a third offense; and 18 days in jail in a fourth offense. This is in addition to any other sentence. (CVC 23577)
  • If you drive 30+ mph over the speed limit on a freeway in a reckless manner, or drive 20+ mph over the speed limit in a reckless manner on a street or highway, then you must receive a minimum of 60 days in jail in addition to any other sentence. This is even on a first offense! (CVC 23582)
  • If one or more of the passengers in your vehicle was/were a minor under the age of 14 years old when the driver was DUI, then the law requires that the driver receive 48 continuous hours in jail in a first offense; 10 days in jail for a second offense; 30 days in jail for a third offense; and 90 days in jail for a fourth offense. This is in addition to any other sentence.

These are only a few of the circumstances in which the law requires a person to receive custody/jail for even a first offense, drastically increasing the minimum jail time required in multiple offense DUIs.

Probation After a DUI

In addition to the potential jail/custody sentence that a person can receive for a DUI offense, the law also requires that the person be granted probation in most instances (unless the maximum punishment is given). In most instances when a misdemeanor is charged, the probation is informal (i.e., summary) wherein the Probation Department of the county does not supervise them, but they must abide by the probation conditions ordered by the Court, or else they will receive additional punishment, including the possible maximum jail/custody time in the case. 

The Court can impose many different probationary conditions, but here are a few of the standard terms and conditions of DUI probation:

  • Fines and fees ($390+penalty assessment plus any court fees), which are often calculated in the neighborhood of +/- $2000
  • An alcohol program typically lasting 3/6/9 months for a 1st offense; 18 months for a 2nd offense, or 18 months to 30 months for a 3rd offense
  • Cannot drive with ANY alcohol in your system
  • Cannot drive without a valid license and insurance

In some circumstances, the person can also be ordered to complete Volunteer Community Service, CALTRANS, work release, or home confinement/secured electronic confinement. This can be instead (“in lieu”) of jail/custody time, or in addition to jail/custody time.

Orange County's Premier DUI Defense Attorneys

With an average of 32 years of experience, a top A-V rating, and a listing in the Bar Register of Preeminent Lawyers, the firm continues to be widely recognized as California’s premier DUI defense attorney's and has twice been recognized in the American Bar Association Journal for its specialization and unique technical support staff of former law enforcement, blood-alcohol and DMV experts.

License Suspensions

All of these court penalties are in addition to the license suspensions that can occur as a result of the Administrative Per Se DMV suspension and a separate license suspension that occurs after a person is convicted of ANY of the above-listed offenses in the criminal court. 

The length of the license suspensions and the potential ability to obtain a restricted license during part/all of the suspension period depends on a variety of factors, including, but not limited to, the following:

  • The driver’s history of DMV suspensions and/or DUI related convictions;
  • The exact charges and allegations a person was convicted of in the criminal court;
  • The timing of the different suspension periods (i.e., Administrative Per Se suspension versus the suspension following any court conviction); and
  • Whether a “refusal” pursuant to California’s Implied Consent law is alleged.

These are just a few of the different factors, history and circumstances that could drastically change the length and nature of any license suspension issued by the DMV either because of the Administrative Suspension following the arrest, or after any criminal court conviction. Due to the complexity of DUI license suspensions, it is highly advisable to consult with a knowledge DUI lawyer in order to best understand the potential suspensions that the DMV may attempt to impose in your case.”

To learn more about the penalties that you may be facing, schedule a free initial consultation by calling The Law Offices Of Taylor & Taylor at (562) 330-4173 or filling out our online contact form today.

The Results of Our Cases Speak for Themselves Providing Hard-Hitting Criminal Defense
  • 2nd Offense DUI At High Speed

    Ventura - 1-year jail, fine, loss of license.

    Charges Dismissed
  • Drunk Driving w/ Drugs

    Glendale - 6 months jail, fine, license suspension.

    Charges Dismissed
  • DUI & Hit-And-Run (.30%)

    Vista - 1-year jail, fine, license suspension.

    DUI Dismissed, Plea to Hit-and-Run (Fine)
  • Drunk Driving

    Los Angeles - 6 months jail, fine, license suspension

    Reduced to Exhibition of Speed (fine)
  • Felony DUI w/ Injury

    Rancho Cucamonga - 18 months prison, loss of license.

    Reduced to Misdemeanor DUI (fine, no jail)

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