California Drunk Driving Laws
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Like most states, California has strict guidelines limiting the amount of alcohol a person can have in his or her system while operating a motor vehicle. As specified by the federal blood alcohol content (BAC) limit, anyone with a BAC of 0.08% or higher is considered legally intoxicated, and can therefore be arrested and charged with DUI—even if the individual shows no signs of impairment.
At the same time, however, state law imposes additional restrictions on drivers who operate a commercial vehicle. Under these statutes, anyone who has a state-issued commercial driver’s license must abide by a 0.04% blood alcohol content or risk being arrested for DUI.
When it comes to underage drinking and driving, California has a strict “Zero Tolerance” policy, permitting a BAC of only 0.01% on motorists who are between the ages of 18 and 20. Individuals under 18, on the other hand, are prohibited from driving with any amount of alcohol in their system at all—which means they can be arrested for DUI if their BAC is anything other than 0.00%.
The moment a person is arrested for DUI, his or her California driver’s license will be suspended by the state’s Department of Motor Vehicles (DMV). Depending on the outcome of the individual’s criminal trial, he or she will then face an additional 6 month license suspension, as well as a fine of $1,000 to $1,600 and a jail sentence ranging from 96 hours to 6 months. The court may also order the individual to have an ignition interlock device installed in his or her vehicle (requiring the driver to perform a breathalyzer each time he or she gets behind the wheel) and/or complete a driver’s education program.
It is important to keep in mind that the penalties outlined above are for a first DUI offense. Individuals who have a history of driving under the influence will face enhanced penalties including a more expensive fine, longer license suspension, and lengthier jail sentence. And, regardless of whether the individual is a first-time offender or a habitual drunk driver, state law requires all convicted DUI offenders to obtain SR22 insurance before their license can be instated. As a form of insurance reserved for high-risk drivers, SR22 insurance is extremely expensive, often costing the insured driver $400 or more per month—and, in most cases, it will be mandatory for a year or longer.
Fortunately, being arrested for DUI does not lead to an automatic conviction. Despite the state’s harsh sentencing guidelines, there are a number of ways to challenge a drunk driving arrest and avoid being found guilty of the charge in a California courtroom. In fact, with a strong defense strategy, many drivers are able to get their charges reduced or dropped entirely.
To determine the best tactics for your case, complete our online form today to schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.
