Criminal Defense
California DUI Penalties and Defenses
DUI Laws in California
California Vehicle Code sections 23152(a) and 23152(b) make it illegal to drive under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%; for drivers under 21, it's 0.01%.
First Offense DUI
A first-offense DUI is typically a misdemeanor. Penalties may include: 3-5 years informal probation, fines and fees totaling $1,500-$2,000, a 3-9 month DUI education program, 6-month license suspension (restricted license may be available), possible jail time (up to 6 months, often avoided).
Second and Third Offenses
Penalties increase significantly for repeat offenses within 10 years. A second DUI may include 10-30 days jail and an 18-month DUI program. A third DUI may include 120 days jail and designation as a habitual traffic offender.
Felony DUI
DUI becomes a felony if: you have 3 or more prior DUI convictions within 10 years, you have a prior felony DUI conviction, or the DUI caused injury to another person. Felony DUI can result in state prison time.
Common Defenses
Defenses may include: challenging the traffic stop (was there reasonable suspicion?), challenging field sobriety tests (conditions, officer training), challenging breathalyzer or blood test accuracy, rising blood alcohol (BAC was below 0.08% while driving), and mouth alcohol or medical conditions affecting results.
Frequently Asked Questions
What is the penalty for a first DUI in California?
A first-offense DUI is typically a misdemeanor. Penalties may include 3-5 years probation, fines of $1,500-$2,000, DUI school, and a 6-month license suspension. Jail time is possible but often avoided.
Can I refuse a breathalyzer in California?
California has "implied consent"—by driving, you consent to chemical testing. Refusal can result in a 1-year license suspension (first offense) and may be used against you at trial. However, you may refuse preliminary alcohol screening (PAS) at the scene before arrest if you are 21+ and not on probation for DUI.
How long does a DUI stay on my record in California?
A DUI conviction remains on your criminal record permanently. For driver's license purposes, the DMV looks back 10 years for prior DUI convictions when imposing enhanced penalties. Expungement (PC 1203.4) can help with employment but does not remove the conviction for DMV or subsequent DUI purposes.
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