DUI and DWI Laws in California

Drivers charged with DUI frequently inquire about the distinctions between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) offenses and what those distinctions imply to them. In California, impaired driving is commonly referred to as DUI, but the prosecution can pursue a variety of arguments of guilt in any DUI case.

Difference Between DUI and DWI

Driving under the influence of alcohol is punishable under California Vehicle Code Section 23152(a) VC, driving under the influence of drugs is punishable under California Vehicle Code Section 23152(f) VC, and driving under the influence of both alcohol and drugs is punishable under California Vehicle Code Section 23152(f) VC. A driver can also be charged with driving with a blood alcohol concentration (BAC) of 0.08% or greater under California Vehicle Code Section 23152(b) VC. In most alcohol-related DUI cases, the defendant will be charged with DUI and driving with a blood alcohol concentration (BAC) of 0.08 or above. This gives the prosecution the option of pursuing two alternative criminal culpability theories. When a driver is discovered driving with a BAC of 0.08 or above, or if they refuse chemical testing when legitimately requested, the California DMV will take administrative action against them. Drivers who are proven to be under the influence of drugs or who are accused of driving while impaired but have a blood alcohol content (BAC) of less than 0.08 percent will not face an administrative suspension from the DMV. However, if convicted of violating California Vehicle Code Section 23152 VC, these drivers may face an immediate license suspension. A "per se" DUI is a drunk driving charge based on blood alcohol content (BAC) rather than the driver's level of impairment. The amount of alcohol required to reach the legal limit is determined by various factors. These are some of them:

gender
size of the body
the quantity and strength of liquids
the length of time that the drinks were consumed
if the driver has had anything to eat, and
Some medical disorders can have an impact on how the body metabolizes alcohol

But keep in mind that they are merely estimates that don't account for all of the variables that can affect BAC. Don't get behind the wheel if you plan on drinking.

Admin Per Se Immediate Driver License Suspension or Revocation

In most DUI or DWI cases, "per se" statutes provide that if a person's blood-alcohol content (BAC) is at or above.08 percent, that person will be declared intoxicated by law. For a DUI charge, no further evidence of intoxication or impairment is required in such instances. All states now have per se DUI statutes, which consider any driver with a blood alcohol content (BAC).08 percent or higher to be intoxicated.

Challenging the Results of a Blood or Breath Test

Nonetheless, these regulations do not imply that all defendants with a.08 BAC or greater face an "open and shut" situation in their DUI prosecution. Defendants, for example, can and do question anything from the validity of test results to the instruments and techniques used to obtain them. Some alternative defenses might be used before or during a criminal DUI trial.

Underage Drivers and Zero Tolerance

Underage drivers are frequently subjected to harsher penalties than those imposed by conventional BAC levels. Drivers under the legal drinking age are frequently subjected to "zero tolerance" laws, which make it unlawful to test for any amount of alcohol in their blood. The logic behind these rules is that while drinking alcohol is illegal for individuals under the age of 21, any amount of alcohol in the system of an underage driver should be penalized. To varying degrees, these types of violations usually result in the loss of driving privileges.

California DUI Penalties

In California, the penalties for a DUI vary depending on the facts of the case. However, the law establishes a range of permissible penalties mostly determined by the defendant's prior convictions. A DUI conviction in California will stay on your record for ten years and count as a previous. For a first, second, or third DUI, the following are the possible sentences:

1st Offense

If a defendant is convicted of driving under the influence for the first time in California, the following are the potential penalties:

For three to five years, you'll be on informal probation
A county jail sentence of up to six months is possible.
Fines range from $390 to $1,000.
A three- or nine-month alcohol and drug education program that the court has approved (AB541 class),
To continue driving without restrictions, the judge may mandate that the defendant install an IID in their automobile for six months. Otherwise, the defendant's driver's license will be suspended for six to ten months, with the option to convert to a "restricted license." A restricted license allows you to drive for the duration of your employment and to and from work, school, and California DUI school.

2nd Offense

A second DUI conviction in California within ten years has the following consequences:

Summary probation for three to five years
A minimum of 96 hours in county jail and a maximum of one year
Fines range from $390 to $1,000.
Completion of an 18-month or 30-month California DUI school approved by the court, as well as
Installation of an ignition interlock device (IID) for one year, during which the defendant is permitted to drive anywhere; otherwise, the DMV will suspend the defendant's license for two years, with the option of converting it to a restricted license after one year.

3rd Offense

A third drunk driving conviction in California within ten years might result in the following penalties:

Three to five years of unsupervised probation
A minimum of 120 days in county jail and a maximum of one year
Fines range from $390 to $1,000.
Completion of a court approved 30-month DUI education program.
Mandatory IID installation for two years, during which time the defendant is free to drive anywhere; otherwise, the DMV will suspend the defendant's license for three years, which can be converted to a restricted license after 18 months, and the defendant's license will be suspended for three years.
The DMV labels you a "habitual traffic offender" (HTO).

DUI Charges for Felony in California

The majority of DUI charges are classified as misdemeanors. A DUI with certain aggravating elements, on the other hand, can be a crime. These elements include:

causing serious bodily harm to another person when driving while intoxicated
causing another person's death while driving under the influence
having been convicted of three or more DUIs in the previous ten years, and
Having been convicted of a felony DUI in the past.

When a DUI is classified as a felony, the consequences are substantially harsher and include prison time.

Restricted Licenses and Ignition Interlocks

During at least part of the suspension, most DUI offenders are eligible for a "restricted license" that allows them to drive to and from places like work and school. A restricted license necessitates using an ignition interlock device by the motorist. For a first offense, the convicted driver has the option of a 12-month restricted license or a six-month IID requirement after license reinstatement. Second-time offenders must serve a 12-month IID sentence, while third-time offenders must serve a 24-month sentence. These IID criteria can be fulfilled as part of a limited license or after a license has been reinstated.

Conditions of Probation in California

When California courts impose a DUI sentence that includes probation, in addition to the criminal penalties indicated above, the following terms are always included:

You are not permitted to drive if you have a quantifiable amount of alcohol in your blood.
If you are caught for a second DUI, you must submit to a chemical test of your blood, breath, or, in rare situations, urine.
You are not to commit any further crimes.

The following DUI probation terms may be applied, depending on the circumstances:

Participation in meetings of Alcoholics Anonymous (AA) or Narcotics Anonymous (NA),
Participation in the Victim Impact Program of Mothers Against Drunk Driving (MADD) and
Reparations if you caused an accident while driving under the influence

Plea Bargaining in California DUI Cases

If you are charged with a DUI in California, you may wish to drop the charge entirely. However, the prosecution is unlikely to agree to a complete dismissal unless the court throws out evidence vital to proving the case. However, a charge of "wet reckless" may be reduced in some situations. A wet reckless is a driving infraction caused by drinking and driving. The penalties for a wet reckless are midway between a DUI and a typical reckless driving offense in terms of severity.

Hiring a DUI Attorney in California

It's critical to understand California's DUI rules and consequences, whether you were pulled over while driving down the Pacific Coast Highway or after a night out with coworkers in the Bay Area. Speaking with a qualified attorney specializing in DUI cases is a good place to start. Please keep in mind that you only have ten days from the time you are arrested for a California drunk driving charge to request a DMV hearing from the California Department of Motor Vehicles. This request will delay your license suspension until the administrative per se hearing is completed, and it may even result in your license suspension being reversed. If you employ a California lawyer within those ten days, they will be able to request the hearing on your behalf and represent you at the hearing.

California's SR-22 Requirements

Your insurance company will need to file an "SR-22" with the Department of Motor Vehicles to get your license reinstated after a DUI-related suspension. An SR-22 certificate shows that you have met the state's minimal insurance requirements. Obtaining a "hardship license" to drive to and from places like work and school during a DUI suspension also requires an SR-22.