What Are The California DUI Laws?

One of the most asked questions a DUI Lawyer gets is ..What Are The California DUI Laws?

In a nutshell, California DUI laws pursuant to California’s Vehicle Code (VC), it is a crime to:
- drive a motor vehicle while under the influence of drugs and/or alcohol
(VC 23152 (a), 23152 (f), 23152 (g))
- drive or control a motor vehicle with a Blood Alcohol Level (BAC) of .08 or greater
(VC 23152 (b))
- drive a commercial motor vehicle with a BAC of .04 or greater (VC 23152 (d))
- drive a motor vehicle for passenger for hire when a passenger is in the vehicle with a BAC of .04 or greater (VC 23152 (e))
- for a person addicted to the use of any drug to drive a motor vehicle unless participating in an approved narcotic treatment program (VC 23152 (c))

DUIs Are Priorable For 10 Years And Maximum Penalties Get Worse

In California, once you get a DUI conviction or DMV administrative suspension for a DUI, it becomes a prior for 10 years which means that the penalties/consequences in court as well as through DMV become worse for each subsequent DUI. Minimum and maximum jail time as well as the length of a drivers license suspension increases.

For California DMV driver’s license purposes, a prior DMV administrative hearing or a court conviction is considered a prior.

For California court or criminal case purposes, only cases where a DUI or wet reckless convictions occurred are considered a prior offense. A conviction from out of state can also be used as a prior.

First Alcohol Involved DUI Non-Injury:
Minimum and Maximum Jail Time: 48 hours to 6 months. Usually able to apply for work project or home detention for any jail time.
License Suspensions:
DMV Administrative 4 month suspension
- Can avoid an actual suspension if you install ignition interlock device (IID) for 4 months, enroll in a DUI program, provide proof of insurance (SR22), pay reinstatement fee, or
- Can serve 30 days of the suspension and get a restricted license (5 months) to drive to work and a DUI program if you enroll in the DUI program, get a SR22, and pay reinstatement fee, or
- Can serve the 4 month suspension and pay reinstatement fee.
Court convictions
- 6 months if BAC was under a .20. If over, then 10 months
- Although a court could order IID, it depends on the county
- If you install an IID, get a SR22, enroll in the DUI program and pay the reinstatement fee, you can drive anywhere anytime in the vehicle with the IID
- If you do not install an IID, get a SR22, enroll in the DUI program, and pay the reinstatement fee to obtain a restricted license to go to work and the DUI program
Fines vary by county but around $2,000
DUI Classes: 3, 6 or 9 months depending on the county and alcohol level.

First Alcohol Involved DUI Non-Injury:

First Alcohol Involved DUI Non-Injury:
Minimum and Maximum Jail Time: 48 hours to 6 months. Usually able to apply for work project or home detention for any jail time.
License Suspensions:
DMV Administrative 4 month suspension
- Can avoid an actual suspension if you install ignition interlock device (IID) for 4 months, enroll in a DUI program, provide proof of insurance (SR22), pay reinstatement fee, or
- Can serve 30 days of the suspension and get a restricted license (5 months) to drive to work and a DUI program if you enroll in the DUI program, get a SR22, and pay reinstatement fee, or
- Can serve the 4 month suspension and pay reinstatement fee.
Court convictions
- 6 months if BAC was under a .20. If over, then 10 months
- Although a court could order IID, it depends on the county
- If you install an IID, get a SR22, enroll in the DUI program and pay the reinstatement fee, you can drive anywhere anytime in the vehicle with the IID
- If you do not install an IID, get a SR22, enroll in the DUI program, and pay the reinstatement fee to obtain a restricted license to go to work and the DUI program
Fines vary by county but around $2,000
DUI Classes: 3, 6 or 9 months depending on the county and alcohol level.

California Law Regarding Non-Injury Offenses

First Drug Only DUI Non-Injury:

Minimum and Maximum Jail Time:
Second DUI - 10 days to 1 year.
Third DUI – 120 days to 1 year.
Fourth DUI – Up to 3 years in prison.
License Suspensions:
DMV Administrative suspension
- None
Court convictions
- 2 years for Second DUI
- 3 years for Third DUI
- 4 years for Fourth or more
Fines vary by county but around $2,000
DUI Classes: 18 or 30 months
Ignition Interlock Device (IID): 1 to 3 years if you want to obtain a license to drive anywhere anytime after serving 1 year of the suspension period. In addition, you will need to get a SR22, enroll in the DUI program and pay the reinstatement fee, you can drive anywhere anytime in the vehicle with the IID.

Alcohol Involved DUI Non-Injury with Prior DUIs Within 10 Years:

Minimum and Maximum Jail Time:
Second DUI - 10 days to 1 year.
Third DUI – 120 days to 1 year.
Fourth DUI – Up to 3 years in prison.
License Suspensions:
DMV Administrative suspension
- 1 year for Second DUI
- 2 years for Third DUI
- 3 years for Fourth DUI
Court convictions
- 2 years for Second DUI
- 3 years for Third DUI
- 4 years for Fourth or more
Fines vary by county but around $2,000
DUI Classes: 18 or 30 months
Ignition Interlock Device (IID): 1 to 3 years mandatory even after serving a full suspension period if you want to get your driver’s license back.

A DUI Accident Causing Injury Can Be Charged As A Felony In California

A DUI causing injury is a violation of Vehicle Code 23153. The penalties can be different and even a first DUI causing injury can be prosecuted as a felony depending on the severity of the injury as well as how many people were injured.

Maximum Penalties:
Misdemeanor - jail time up to a year in county jail
Felony - to 16 years in prison
A felony can also be a strike charge if there are any serious injuries

License Suspensions if the current case is a DUI with injury:
DMV Administrative suspension if alcohol related
- 4 months for First
- 1 year for Second
- 2 years for Third DUI
- 3 years for Fourth DUI
Court convictions
- 1 year for First
- 3 years for Second
- 5 years for Third
- 5 years for Fourth or more

DUI Classes: 4 months up to 30 months

Ignition Interlock Device (IID): 1 to 4 years mandatory even after serving a full suspension period if you want to get your driver’s license back.

Probation Conditions For A DUI Conviction In California

Typical
- Obey all laws
- Do not drive with any measureable amount of alcohol in your system (even a .01 BAC)


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