DUI Laws

California DUI Laws – 1st Offense

First offense results in a 4 month driver’s license suspension and carries fines (court fees) between $1,400 and $1,800, with a jail term of 24 hours, which can usually be served through community service on request to the court.  DUI education class is also required for a period, depending on the BAC level at time of arrest, of 12-45 hours.  There is a 10 day period following an arrest in which time the California DMV will allow you to request a review hearing to determine if license revocation or suspension is necessary.  If BAC test is refused the driver’s license suspension period is increased to one year with no chance of review.

California DUI Laws – 2nd Offense

Second offense within 10 years results in a 1 year driver’s license suspension and carries fines (court fees) between $1,800 and $2,800, with a jail term of up to 30 days in some counties, which the court may allow to be filled through community service.  DUI education class is required for 18 months.  If BAC test is refused the driver’s license suspension period is increased to two years.  If more than 10 years after first offense, second offense will be treated as a first offense.

California DUI Laws – 3rd Offense

Third offense within 10 years results in a 1 year driver’s license suspension and carries fines (court fees) between $1,800 and $2,800, with a mandatory minimum jail term of 120 days, and up to one year in some counties.  The court may allow the jail term to be served under house arrest and/or community service.  Formal probation may also be imposed for a period of 3-5 years.  DUI education class is required for 18 months.  An ignition lock system may be installed in the vehicle.  If BAC test is refused the driver’s license suspension period is increased to three years.

California DUI Laws – 4th Offense

Fourth offense within 10 years is considered a felony DUI and will carry very serious penalties and state prison jail time for up to 3 years.  Driver’s license may be revoked permanently.

California DUI Laws – Implied Consent Laws

Anyone driving a vehicle in California has given implied consent to submit to BAC testing.

California DUI Laws – “Per se” BAC Level

The per se BAC level in California is .08%.

California DUI Laws – “Zero Tolerance” BAC Level

Anyone under age 21 in California driving with a BAC of .02% or greater can be charged with DUI.

California DUI Laws – “Enhanced Penalty” BAC Level

The enhanced penalty level in California is from .16%-.20% depending on the county.

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