California DUI Laws

California DUI Laws

Share
California DUI Laws
 
Quick Guide to California DUI Laws 
 
 
California DUI Laws
 
 
California DUI laws carry strict penalties and fines, and anyone suspected of a DUI should contact a lawyer immediately.  California DUI law has changed in 2012, and penalties are even stricter in order to try and stop repeat offenders.  
 
 
Under the California DUI law, a repeat offender who has three convictions in 10 years can lose their license for at least 10 years.  This article will cover other California DUI laws, penalties and fines, and penalties associated with refusing and BAC test.  
 
 
California DUI Law
 
 
Vehicle Code Section 23152 Driving Under Influence of Alcohol or Drugs covers general laws associated with drinking and driving.  Sections under this law are paraphrased below: 
 
 
(a) Any person who is under the influence of alcohol or drugs—or under the influence of combined substances—cannot operate a vehicle.  
 
 
(b) Anyone with a blood alcohol level of 0.08% or more cannot operate a vehicle, whether motorized or non-motorized.  
 
 
(c) It is illegal for anyone with a known addiction to any drug to operate a vehicle, but this law does not apply to people in a narcotic treatment program under Article 3 of Chapter 1 of Part 3 of Division 10.5 of CA Health and Safety Code.  
 
 
(d) It is illegal for anyone to operate a commercial motor vehicle with a blood alcohol level of 0.04% or more.  
 
 
There are other California DUI laws, and these laws can be found under the California Department of Motor Vehicles.  
 
 
Penalties for DUI in California
 
 
California DUI law does not set a final amount for penalties and fines, but instead, local divisions determine the final amount.  Many fines and penalties are similar throughout the state, and many bay area counties and northern California communities issue the following fines and penalties when a California DUI law is violated: 
 
 
First Offense
 
 
Probation: three to five years
 
 
Fines: Fines and court costs between $1,400 and $1,800
 
 
Driver License Suspension: loss of license for 6 months
 
 
DUI School: 12 to 45 hours
 
 
Jail Time: 48 hours
 
 
Second Offense
 
 
Probation: three to five years
 
 
Fines: $1,800 to $2,800
 
 
Driver License Suspension: loss of license for two years
 
 
DUI School: 18 months
 
 
Jail Time: 10 to 30 days
 
 
Third Offense
 
 
Probation: three to five years
 
 
Fines: $1,800
 
 
Driver License Suspension: between 3 to 10 years
 
 
DUI School: 18 months
 
 
Jail Time: 120 to 210 days 
 
 
California DUI Laws and Refusing Chemical Test
 
 
Under California DUI law, a driver will usually receive the maximum penalty if they refuse a blood test or breathalyzer.  California DUI laws allow a person to dispute this issue in court, but a judge will likely stick strictly to the California DUI law if a person refuses a chemical test.  The following penalties may issued if you refuse a chemical test: 
 
 
loss of license for one year for first offense
 
 
loss of license for two years if repeated in 10 years
 
 
loss of license for at least three years if third offense in 10 years
 
 

Comments

comments

Share

Related Articles


Read previous post:
Kansas Traffic Fines

Close