California DUI Law and Penalties

Author: DUI Partners

Remember, an experienced California DUI/DWI attorney can help reduce or dismiss the consequences you may face if you are charged with a DUI. If you were charged with a DUI, you will likely be charged with two separate counts of DUI depending on your Blood Alcohol Content: 23152(a) for driving under the influence of alcohol, and a separate charge, 23152(b) for driving under the influence of alcohol with a BAC of .08 or more. An experienced DUI attorney will fight to dismiss at least one of the charges against you.
The following is a summarization of California Vehicle Code §23152. The full text of the law is included at the end of this section.
DUI PENALTIES
First Time Offenders (Misdemeanors) - In California, a first time DUI conviction carries a sentence of at least 96-hours and up to six (6) months of jail time. In addition to the jail time, California law imposes a fine of $390 - $1,000 plus penalty enhancements.
New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.
Second Time Offenders (Misdemeanors) - In California, drivers who have had two (2) DUI violations within 10 years of each other are sentenced to a minimum of 90 days and up to one-year in the county jail. The court will also issue a fine of $390 - $1,000 plus penalty enhancements.
Third and Subsequent Offenses (Misdemeanors) - In California, if a driver is convicted of a third DUI violation within 10 years, the law imposes a sentence of not less than 120 days and not more than one year in county jail. There is also a fine of $390 - $1,000 and the offending driver will have his license revoked plus penalty enhancements.
Additional Sentences - If a person guilty of a DUI injures one other person, the prison sentence is escalated from 90 days to one year of jail time plus penalty enhancements.
If a person guilty of a DUI injures more than one other person, the prison sentence is increased by one-year for each injured person up to a maximum of three (3) additional years.
If a person guilty of a DUI injures has a minor (under the age of 14) in the vehicle when he is arrested, the court may, at its discretion, enhance the punishment by:

• Adding an extra 48 hours of continuous jail time for the first offense;
• Adding an extra 10 days for the second offense;
• Adding an extra 30 days for the third offense; and
• Adding an extra 90 days for all subsequent offenses.

FIRST TIME OFFENDER PROGRAM

In California, first time offenders whose BAC was below 0.20, may be ordered to participate in an alcohol abuse program that is at least three (3) months long. The program must involve at least 30 hours of education, group counseling, and individual counseling sessions.
If the BAC is above 0.20, the program must be at least nine (9) months long and involve at least 60 hours of education, group counseling, and individual counseling sessions.
Also, you may be required to place an Ignition Interlock Device on any vehicle you drive

LICENSE SUSPENSION

In California, a person convicted of a DUI will have their license suspended until they have successfully completed the programs described above. Fortunately, a restricted license may be available after a 30 day initial suspension period.

IGNITION INTERLOCK SYSTEM (IID)

In some instances, and at the Court's discretion, the person convicted of a DUI may have an Ignition Interlock System attached to their vehicle. This system will test the driver's breath for alcohol and prevent ignition if there is any alcohol on the breath. This system may be attached for up to three years.
New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.

CHEMICAL TEST REFUSAL

While California does not require people suspected of being under the influence to submit to a chemical test, anyone that refuses these tests must be aware that their penalties may be enhanced in the following ways:

• First Conviction - An additional 48 hours jail time
• Second Conviction - An additional 96 hours jail time
• Third Conviction - An additional 10 days jail time
• Subsequent Conviction - An additional 18 days jail time

CALIFORNIA VEHICLE CODE § 23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Article Source: http://www.articlesbase.com/criminal-articles/california-dui-law-and-penalties-3098009.html
About the Author

Premier Southern California DUI Attorneys who know the complexities of DUI cases and will fight to get you the best possible result! For more information visit www.DUIpartners.com.