Key Takeaways
California DUI laws tell drivers what is allowed and what can happen if they break the state's rules about drinking and driving. If you are facing charges or want to learn more about California's DUI rules, our guide has everything you need to know.
Even though the Golden State has a laid-back vibe, it is against the law to try to drive with a blood alcohol concentration (BAC) of more than 0.08%.
Laws also cover situations where a driver is caught driving while high on drugs, booze, or both.
Even if your blood alcohol concentration (BAC) is below the legal limit, you could still be jailed for drunk driving. Officers may ask you to do a field sobriety test or blow into a breathalyzer. If you fail or refuse to take the test, you will probably be arrested, even if you are not drunk.
You might think you can avoid getting a DUI on a bike or a similar charge. But in California, bikes and scooters are both considered to be cars. You can still be arrested if you ride a bike after drinking too much. The same applies to boating while under the influence of drugs or booze, or "BUI."
California law clarifies that a drunk driver must drive a car to be charged with DUI. If you are sleeping in the backseat of a car, you might be able to avoid being caught. Putting the key in the ignition or turning the wheel, on the other hand, could be seen as a sign of the desire to drive.
If this is your first and only DUI charge, it will probably be a misdemeanor.
Still, based on the circumstances, it is possible to be found guilty of a felony:
| 1st offense | 2nd offense | 3rd offense | |
|---|---|---|---|
| Jail Time | 6 months maximum | 96 hours to 1 year | 120 days to 1 year |
| Fines | $390 to $1,000 | $390 to $1,000 | $1,800 maximum |
Section 23152 of the Vehicle Code explains California's rules about driving under the influence. Here are the important points:
It is against the law for someone to drive a car if they have been drinking, taking drugs, or a mix of the two.
If your BAC is 0.08 or more, it is against the law to drive.
For example, if you fell asleep in a stopped car to "sober up," you could fight a DUI because this doesn't show you meant to drive drunk. You could still get a DUI if your car key is in the ignition. This is because a lawyer could use your key in the ignition to show that you were driving while drunk or meant to.
Also, someone addicted to drugs cannot drive openly in California. But this rule does not apply to people in a drug treatment program.
For business drivers and drivers under 21, California's DUI laws have more rules and lower BAC limits.
Non-commercial drivers can only drive with a BAC of up to 0.08 percent, but commercial drivers can't drive if their BAC hits 0.04 percent. Due to the professional nature of commercial cars and trucks, their closeness to the public, and the size and purpose of some heavy-duty commercial vehicles, tighter rules are expected.
Also, business drivers in California are guilty of a DUI if they drive while under the influence and there is a "passenger for hire" in the car at the same time. So, if someone drives drunk and then tries to blame the passenger for making it look like they didn't do a DUI, the driver can still be charged.
California has a "zero tolerance" policy, meaning anyone under 21 who drives with a BAC of 0.01% or more is guilty of DUI. This level is easy to reach with less than a can of beer or a glass of wine.
As we've seen, the amount of booze in a person's blood can be a factor in whether or not they are charged with a crime. As the legal limit is usually 0.08%, a "per se" DUI happens when the limit is reached.
By itself is what "per se" means. When it comes to the law, it means that there is enough proof of a crime, and the cops don't need any more proof to make an arrest. If you were pulled over and the police officer thought you were drunk, making a 0.08% would prove you were breaking the law. You would be given a "per se" DUI charge.
Once you've been charged with DUI, other things could make your sentences lighter or harsher.
Most of the time, DUIs have serious legal consequences, but there are sometimes things that make the repercussions less severe. For example, if you get a DUI for the first time and have never done anything wrong, you will probably be charged with a crime.
You could also be arrested for DUI, but the charges could be dropped if you weren't drunk or high. For example, a tired driver might act like they are drunk, but driving while tired is not the same as driving while drunk.
Even though mitigating situations don't mean you won't be held responsible, the result is not as bad as it could have been.
Most DUIs in California are misdemeanors, which means that people who get caught usually don't go to jail. Most of the time, people get a few years of probation and a fine instead.
The penalties for a DUI in California vary depending on the number of prior DUI convictions and the blood alcohol content (BAC) at the time of the arrest.
Here are some of the possible penalties for a first-time DUI in California:
In addition to these penalties, you may also face other consequences, such as:
The penalties will be more severe if you are convicted of a second DUI in California.You could face:
Penalties for subsequent DUI convictions will be even more severe. You could face:
On the other hand, a driver can make a DUI case worse by doing several bad things right before or during the arrest.
Previous crimes can also be seen as worsening factors. California Vehicle Code 23540 says that people convicted of reckless driving within ten years of getting a DUI term get between 90 days and a year in county jail and a fine between $390 and $1,000.
Even if it's not the first time, most DUI charges in California are treated as crimes. If there are no other problems, a first, second, or third DUI will usually be charged as a misdemeanor. Even if this is your first DUI charge in California, aggravating factors can make it a crime much faster.
Among these aggravating factors are:
They can also lead to other charges, such as reckless driving or involuntary manslaughter. If you are found guilty of felony DUI in California, you could spend up to three years in state jail and pay up to $5,000 in fines.
Many people think that if they don't help the cops, they can avoid getting a DUI. Some might even argue that giving a breathalyzer or field sobriety test is a form of self-incrimination, which is against the law. This way of thought needs to be corrected.
California's "implied consent law," Vehicle Code 23612, says that if you drive a car, you agree to a blood alcohol or drug level test. Officers can ask drivers to take a test of their own choice, and if a driver refuses, the officer will tell them that they will be fined and put in jail immediately.
The driver also loses the right to drive for up to a year. This period doubles to two years if it happens within ten years of a previous vehicle-related arrest, like a DUI or reckless driving charge.
You should talk carefully with your defense lawyer about your best choices to get the best possible outcome in court. This is especially true when there is proof, like a bad breathalyzer result, that will likely lead to a conviction and the consequences that come with it.
"Wet reckless" or "wet and reckless" refers to a plea deal in which a person charged with DUI agrees with the prosecution to plead guilty or no contest to the lighter charge of reckless driving. The "wet" part comes from the person admitting to using drugs or alcohol as part of their plea deal. A "dry" careless charge, on the other hand, does not involve drugs or alcohol.
Also, it's important to know that a "wet reckless" offense, unlike a "dry reckless," could be seen as a cause that makes a future DUI charge worse.
Many drivers worry that their license will be taken away immediately if they get pulled over for DUI. However, this is only sometimes the case.
Even if a person loses their driver's license because of a DUI suspension, they can ask for a "hardship license" or an application for critical need restriction.
This form is for people whose licenses have been taken away but who need to drive because of special situations.
Possible reasons include:
When you fill out the paperwork, you must explain why you need the license and can't get around without it by sharing, calling an Uber, or riding a bike.
The California DMV must permit you to get a hardship card. Once accepted, you must pay a $100 reissue fee and fill out an SR-22 form.
To get your license back, you will need to fill out a California Proof of Insurance Certificate or form SR-22. For this kind of insurance, you need at least $15,000 in bodily injury liability per person, $30,000 in bodily injury liability per accident, and $5,000 in liability for property damage.
After getting a DUI, you must keep your SR-22 for three years.
DWI stands for "driving while impaired." DUI means "driving while under the influence." These words mean the same thing. DUI is usually a charge in California for driving while under the influence of alcohol. Different words are used in other states. But in California, there is more than one way to get a DUI, such as a per se DUI, a drug DUI, or another type of DUI.
In California, drunk driving is a crime, but different kinds of vehicle code offenses involve driving while impaired.
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In California, a DUI can be charged as a crime if it hurts someone or someone else. As was said, driving while drunk is usually a crime in California, according to Vehicle Code 23152 VC.
Depending on your DUI charge, California DUI fines run from $390 to $5,000, plus penalties and fees that can bring the total cost up to $18,000.
Both California law and the Constitution of the United States allow DUI stops. The Supreme Court of California agrees that DUI stops are "administrative inspections" like airport security checks. Still, the stops have to follow certain rules.
In California, the consequences of DUI can be very harsh. If you are found guilty of DUI, you could go to jail, pay fines, and have your license taken away. Depending on the details of your case, you may face different penalties, but a finding can have serious effects.
A DUI charge doesn't stay on your record forever, which is good news. Generally, it stays on your record for up to 10 years, and the DMV and law officials can look at it during that time. The other good news is that most background checks do not show you have been convicted of DUI.
The penalties for a DUI in California vary depending on the number of prior DUI convictions and the blood alcohol content (BAC) at the time of the arrest.
Here are some of the possible penalties for a first-time DUI in California:
In addition to these penalties, you may also face other consequences, such as:
The penalties will be more severe if you are convicted of a second DUI in California.You could face:
Penalties for subsequent DUI convictions will be even more severe. You could face:
Many counties in California put first-time DUI offenders in jail for 48 hours. Other counties, however, may only give probation and community work instead of jail time. If you didn't want to take the test, you could spend at least 2–4 days in jail.
For a first-time DUI charge, you can agree to have your license taken away for an extra 90 days instead of going to jail for two days. Also, you might not have to go to jail if you can plan for a different charge, like "wet" reckless driving.
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