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