If you are facing a DUI charge in California as a first-time offender, you could be considering pleading guilty to your charges, paying the fines, and going on with life as usual. However, this may be a costly mistake because California has more severe fines than other states. A conviction for driving under the influence in California can have long-lasting effects on your ability to work or even find housing.

Understanding the laws can help you avoid DUIs and plan what to do if you are arrested. This article explains everything you need to know about California DUI laws.

An Overview of California DUI Laws

California DUI laws are outlined under Vehicle Code (VC) 23152, which makes it illegal to:

  • Operate a motor vehicle while under the influence of alcohol (VC 23152 a)
  • Operate a vehicle while under the influence of a drug (VC 23152 f)
  • Drive a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above (VC 23152 b)

The vehicle code further specifies definitions and punishments for driving under the influence, as shown below:

Driving Under the Influence (DUI)

A DUI offense, or driving under the influence, is the act of operating a vehicle while being impaired by alcohol. Drivers who are arrested for drunk driving face charges of driving under the influence of alcohol under California VC 23152 a. However, the prosecution must demonstrate without a doubt that the accused was impaired while operating the vehicle.

California law generally defines a "vehicle" as any means of transportation a person can use to move, pull, or propel along a roadway. This can include a scooter, car, watercraft, or bicycle. You cannot be charged with a DUI if you were only asleep in the rear passenger seat or did not have the vehicle's keys.

Driving Under the Influence of Drugs (DUID)

Drivers in California are also not allowed to operate a vehicle while under the influence of any drug. According to the California DUI law, drugs include illegal substances like heroin, cocaine, and ecstasy, as well as controlled substances such as Xanax and Vicodin. It is worth noting that there are no distinctions between illegal and legal drugs. Any drug that affects your function or state of mind can result in a DUI arrest.

Drivers arrested under suspicion of driving under the influence of drugs (DUID) will be obligated to undergo a blood test. Motorists who test positive could face charges of DUID or driving under the combined influence of drugs and alcohol under California VC 23152(f).

Per Se Intoxication

California has also adopted, per se, intoxication legislation. This means that if your blood alcohol concentration (BAC) is at or above the legal limit, law enforcement officers can arrest you without requiring any more evidence of your impairment. In California, the legal BAC limit is 0.08 percent. For commercial motorists, the legal BAC limit is 0.04 percent.

If your blood alcohol concentration (BAC) ranges from 0.05 percent to 0.07 percent and you exhibit other impairment signs, such as staggering, the police could still detain you for a DUI. The arresting officer must provide more evidence of your impairment.

California law has a zero-tolerance policy regarding impaired driving for people under the age of 21. A blood alcohol concentration of 0.01 percent will result in a DUI arrest and civil charges. The consequences are more severe if your blood alcohol concentration is 0.05 percent. If your blood alcohol concentration is 0.08 percent, you risk facing adult/standard DUI charges but no jail time.

Implied Consent

Under the implied consent statute, a driver who has been detained for DUI must consent to a breathalyzer test to establish their blood alcohol concentration (BAC). They can also ask that you undergo a urinalysis or blood test.

In the past, both breath and blood tests for DUI were subject to implied consent legislation. However, the US Supreme Court suggested that individuals will not face consequences for declining to submit to a blood test where the authorities do not have a warrant.

Remember that this legislation only addresses blood and breath tests conducted after a valid DUI arrest. Drivers still have the option to decline breathalyzer tests administered at the scene before their arrest.

Standard Tests Performed at DUI Checkpoints

If an enforcement officer pulls you over on suspicion of driving under the influence, they could ask you to take multiple tests to assess your condition.

First, you could be requested to carry out field sobriety tests. These tests are designed to help law enforcement officers determine if you have consumed any alcohol. Such tests include touching your nose or walking in a straight line.

The other most common test is a Preliminary Alcohol Screening (PAS). For this test, you blow into a breathalyzer machine, which determines the alcohol content in your breath. Anyone over 21 has the legal right to turn down the preliminary tests before arrest.

Other chemical testing, such as breath, urine, and blood testing, can be conducted at the station following your arrest to determine your alcohol or drug use. These examinations are mandatory, and failing to take them could result in extended driving permit suspensions, jail time, and other penalties.

Aggravating Factors

There are several aggravating elements that, if present when you are apprehended for DUI, will result in a more lengthy jail or prison sentence. These factors include the following:

  • Having a BAC of .15 percent or more
  • Driving with an open alcoholic beverage
  • Refusing to undergo a chemical test
  • Acting aggressively toward law enforcement officers
  • Causing a crash
  • DUI with a minor under 14 years in the vehicle
  • Driving at high speeds

Penalties for DUI in California

There are criminal and administrative penalties for DUI.

Criminal Penalties

The California criminal court handles DUI criminal penalties. The majority of DUI offenders are charged with a misdemeanor. A first-time offense carries a maximum $1,000 fine in addition to other penalties. The court will also impose a license suspension for a minimum of six months.

You are required to finish a substance abuse rehabilitation and awareness program that lasts for three months. You could be imprisoned for 96 hours to a maximum of six months. As an alternative to spending time behind bars, first-time DUI offenders could be eligible for probation that lasts between three and five years.

If you have two DUIs in ten years, you could be subject to ninety days to twelve months in jail and fines of up to one thousand dollars. You have to finish nine months of rehabilitation and education regarding substance misuse. The court has the authority to impose longer license suspensions.

If you are convicted of your third DUI within ten years, you could face at least 120 days and as much as a year in prison. The court could require you to undergo alcohol treatment for 30 months and impose a fine of a maximum of $1,000. Your criminal record will show you have been a habitual offender for three years. Harsher penalties may apply for repeat traffic violations.

If you injure someone else or commit your fourth violation within ten years, you could be charged with felony DUI.

Administrative Penalties

The administrative portion is handled by the California Department of Motor Vehicles (DMV). When you are arrested for driving under the influence, the officer will seize your driving license and notify you that your license has been suspended or revoked. This procedure is known as the administrative per se. That is not the same as a license revocation or suspension that a court of law could impose. It does not matter if the court finds you not guilty; you still have to serve out your administrative driving license suspension.

If you want to contest your suspension, you have 10 days to apply for an administrative hearing with the DMV. Your suspension will begin thirty days after you receive the notice of revocation or suspension. For first-time offenders over the age of 21 or possessing a commercial driving license, the license suspension period is four months.

If you have a second violation within ten years or fail to submit to chemical testing, your suspension will last for a single year. Your license will also be suspended for a year if you are under 21. You must submit a new application for a driver's license once you have completed the required suspension period.

If you need to drive only to and from school, work, or to attend to other essential duties, you can obtain a restricted license. Only those who meet certain requirements—being above 21 and having consented to chemical testing—are eligible for restricted licenses.

Ignition Interlock Device

The state of California also offers a program for ignition interlock devices. Your car's ignition system is equipped with an ignition interlock device (IID), which functions as a breathalyzer. To start your vehicle, you must blow air into the ignition ignition device (IID). If it finds alcohol in your body, it will prevent your car from starting.

An individual who has committed a DUI for the first time can qualify for an IID through the DMV. Compared to a restricted driving license, having an IID can give you more freedom while driving. The IID has to be installed for a minimum of six months. If your charges involved only drugs, you will not be eligible to have an IID placed.

If you are convicted of more than one DUI in ten years, the court will order that an IID be installed. The device must remain installed in your car for one to three years. Tampering with the ignition interlock device is illegal.

Alternative Sentencing

When it comes to driving under the influence convictions, "alternative" sentencing options serve as substitutes for local jail or state prison sentences. These sentencing options, when applied in conjunction with California DUI fines, might include:

  • Community service
  • Roadside work with Cal-Trans
  • Staying at a sober living residence or community
  • either house arrest or electronic monitoring
  • Detention in a city or private jail.

An attorney whose focus is not on drunk driving might not even be aware that these options exist, and even though they do, they might not be aware of the best strategies for persuading the court and/or prosecution to accept them.

This is among the many reasons why working with a skilled drunk driving defense attorney is critical to winning your California DUI case and reducing your penalties.

Fighting DUI Charges

There are numerous ways to contest California DUI charges, depending on the case's circumstances. Possible mitigating factors and defenses are:

  • It was not justified for the police to stop you at the scene, and they did not have sufficient reason to make an arrest
  • Either the blood tests were tainted, or the breath test device was broken
  • You were given the wrong instructions by the police to complete the field sobriety tests, or your score was inaccurate
  • You had a legal blood alcohol level, but your elevated BAC score was caused by increasing blood alcohol
  • You experienced a medical event (like a seizure) that resembled alcohol intoxication, or you suffered from a medical disease (like GERD) that resulted in excessive mouth alcohol

The following types of evidence are typically used in these types of cases:

  1. Eyewitnesses
  2. Professional forensic witnesses
  3. Accident reconstruction professionals
  4. Video surveillance footage
  5. Split blood tests

Saying you did not intend to drive while impaired is not an adequate defense. That is because driving under the influence of alcohol is considered a "general intent" offense and not a "specific intent" offense.

Find a Professional DUI Attorney Near Me

A DUI conviction has serious, far-reaching repercussions. It is important to be familiar with the DUI statutes and repercussions in California. If you or your loved one is facing DUI charges in Los Angeles, you should consult with a seasoned DUI defense attorney without delay to discuss your situation.

A knowledgeable lawyer can guide you through the procedure and even negotiate a plea deal. If you reach out to the Law Offices of Jonathan Franklin, we will conduct a thorough assessment of your case and offer advice on potential options. As a team, we are committed to utilizing our knowledge of California DUI laws to your advantage. Call us today at 310-273-9600 to speak to a DUI lawyer.

If you are facing a DUI charge in California as a first-time offender, you could be considering pleading guilty to your charges, paying the fines, and going on with life as usual. However, this may be a costly mistake because California has more severe fines than other states. A conviction for driving under the influence in California can have long-lasting effects on your ability to work or even find housing.

Understanding the laws can help you avoid DUIs and plan what to do if you are arrested. This article explains everything you need to know about California DUI laws.

An Overview of California DUI Laws

California DUI laws are outlined under Vehicle Code (VC) 23152, which makes it illegal to:

  • Operate a motor vehicle while under the influence of alcohol (VC 23152 a)
  • Operate a vehicle while under the influence of a drug (VC 23152 f)
  • Drive a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above (VC 23152 b)

The vehicle code further specifies definitions and punishments for driving under the influence, as shown below:

Driving Under the Influence (DUI)

A DUI offense, or driving under the influence, is the act of operating a vehicle while being impaired by alcohol. Drivers who are arrested for drunk driving face charges of driving under the influence of alcohol under California VC 23152 a. However, the prosecution must demonstrate without a doubt that the accused was impaired while operating the vehicle.

California law generally defines a "vehicle" as any means of transportation a person can use to move, pull, or propel along a roadway. This can include a scooter, car, watercraft, or bicycle. You cannot be charged with a DUI if you were only asleep in the rear passenger seat or did not have the vehicle's keys.

Driving Under the Influence of Drugs (DUID)

Drivers in California are also not allowed to operate a vehicle while under the influence of any drug. According to the California DUI law, drugs include illegal substances like heroin, cocaine, and ecstasy, as well as controlled substances such as Xanax and Vicodin. It is worth noting that there are no distinctions between illegal and legal drugs. Any drug that affects your function or state of mind can result in a DUI arrest.

Drivers arrested under suspicion of driving under the influence of drugs (DUID) will be obligated to undergo a blood test. Motorists who test positive could face charges of DUID or driving under the combined influence of drugs and alcohol under California VC 23152(f).

Per Se Intoxication

California has also adopted, per se, intoxication legislation. This means that if your blood alcohol concentration (BAC) is at or above the legal limit, law enforcement officers can arrest you without requiring any more evidence of your impairment. In California, the legal BAC limit is 0.08 percent. For commercial motorists, the legal BAC limit is 0.04 percent.

If your blood alcohol concentration (BAC) ranges from 0.05 percent to 0.07 percent and you exhibit other impairment signs, such as staggering, the police could still detain you for a DUI. The arresting officer must provide more evidence of your impairment.

California law has a zero-tolerance policy regarding impaired driving for people under the age of 21. A blood alcohol concentration of 0.01 percent will result in a DUI arrest and civil charges. The consequences are more severe if your blood alcohol concentration is 0.05 percent. If your blood alcohol concentration is 0.08 percent, you risk facing adult/standard DUI charges but no jail time.

Implied Consent

Under the implied consent statute, a driver who has been detained for DUI must consent to a breathalyzer test to establish their blood alcohol concentration (BAC). They can also ask that you undergo a urinalysis or blood test.

In the past, both breath and blood tests for DUI were subject to implied consent legislation. However, the US Supreme Court suggested that individuals will not face consequences for declining to submit to a blood test where the authorities do not have a warrant.

Remember that this legislation only addresses blood and breath tests conducted after a valid DUI arrest. Drivers still have the option to decline breathalyzer tests administered at the scene before their arrest.

Standard Tests Performed at DUI Checkpoints

If an enforcement officer pulls you over on suspicion of driving under the influence, they could ask you to take multiple tests to assess your condition.

First, you could be requested to carry out field sobriety tests. These tests are designed to help law enforcement officers determine if you have consumed any alcohol. Such tests include touching your nose or walking in a straight line.

The other most common test is a Preliminary Alcohol Screening (PAS). For this test, you blow into a breathalyzer machine, which determines the alcohol content in your breath. Anyone over 21 has the legal right to turn down the preliminary tests before arrest.

Other chemical testing, such as breath, urine, and blood testing, can be conducted at the station following your arrest to determine your alcohol or drug use. These examinations are mandatory, and failing to take them could result in extended driving permit suspensions, jail time, and other penalties.

Aggravating Factors

There are several aggravating elements that, if present when you are apprehended for DUI, will result in a more lengthy jail or prison sentence. These factors include the following:

  • Having a BAC of .15 percent or more
  • Driving with an open alcoholic beverage
  • Refusing to undergo a chemical test
  • Acting aggressively toward law enforcement officers
  • Causing a crash
  • DUI with a minor under 14 years in the vehicle
  • Driving at high speeds

Penalties for DUI in California

There are criminal and administrative penalties for DUI.

Criminal Penalties

The California criminal court handles DUI criminal penalties. The majority of DUI offenders are charged with a misdemeanor. A first-time offense carries a maximum $1,000 fine in addition to other penalties. The court will also impose a license suspension for a minimum of six months.

You are required to finish a substance abuse rehabilitation and awareness program that lasts for three months. You could be imprisoned for 96 hours to a maximum of six months. As an alternative to spending time behind bars, first-time DUI offenders could be eligible for probation that lasts between three and five years.

If you have two DUIs in ten years, you could be subject to ninety days to twelve months in jail and fines of up to one thousand dollars. You have to finish nine months of rehabilitation and education regarding substance misuse. The court has the authority to impose longer license suspensions.

If you are convicted of your third DUI within ten years, you could face at least 120 days and as much as a year in prison. The court could require you to undergo alcohol treatment for 30 months and impose a fine of a maximum of $1,000. Your criminal record will show you have been a habitual offender for three years. Harsher penalties may apply for repeat traffic violations.

If you injure someone else or commit your fourth violation within ten years, you could be charged with felony DUI.

Administrative Penalties

The administrative portion is handled by the California Department of Motor Vehicles (DMV). When you are arrested for driving under the influence, the officer will seize your driving license and notify you that your license has been suspended or revoked. This procedure is known as the administrative per se. That is not the same as a license revocation or suspension that a court of law could impose. It does not matter if the court finds you not guilty; you still have to serve out your administrative driving license suspension.

If you want to contest your suspension, you have 10 days to apply for an administrative hearing with the DMV. Your suspension will begin thirty days after you receive the notice of revocation or suspension. For first-time offenders over the age of 21 or possessing a commercial driving license, the license suspension period is four months.

If you have a second violation within ten years or fail to submit to chemical testing, your suspension will last for a single year. Your license will also be suspended for a year if you are under 21. You must submit a new application for a driver's license once you have completed the required suspension period.

If you need to drive only to and from school, work, or to attend to other essential duties, you can obtain a restricted license. Only those who meet certain requirements—being above 21 and having consented to chemical testing—are eligible for restricted licenses.

Ignition Interlock Device

The state of California also offers a program for ignition interlock devices. Your car's ignition system is equipped with an ignition interlock device (IID), which functions as a breathalyzer. To start your vehicle, you must blow air into the ignition ignition device (IID). If it finds alcohol in your body, it will prevent your car from starting.

An individual who has committed a DUI for the first time can qualify for an IID through the DMV. Compared to a restricted driving license, having an IID can give you more freedom while driving. The IID has to be installed for a minimum of six months. If your charges involved only drugs, you will not be eligible to have an IID placed.

If you are convicted of more than one DUI in ten years, the court will order that an IID be installed. The device must remain installed in your car for one to three years. Tampering with the ignition interlock device is illegal.

Alternative Sentencing

When it comes to driving under the influence convictions, "alternative" sentencing options serve as substitutes for local jail or state prison sentences. These sentencing options, when applied in conjunction with California DUI fines, might include:

  • Community service
  • Roadside work with Cal-Trans
  • Staying at a sober living residence or community
  • either house arrest or electronic monitoring
  • Detention in a city or private jail.

An attorney whose focus is not on drunk driving might not even be aware that these options exist, and even though they do, they might not be aware of the best strategies for persuading the court and/or prosecution to accept them.

This is among the many reasons why working with a skilled drunk driving defense attorney is critical to winning your California DUI case and reducing your penalties.

Fighting DUI Charges

There are numerous ways to contest California DUI charges, depending on the case's circumstances. Possible mitigating factors and defenses are:

  • It was not justified for the police to stop you at the scene, and they did not have sufficient reason to make an arrest
  • Either the blood tests were tainted, or the breath test device was broken
  • You were given the wrong instructions by the police to complete the field sobriety tests, or your score was inaccurate
  • You had a legal blood alcohol level, but your elevated BAC score was caused by increasing blood alcohol
  • You experienced a medical event (like a seizure) that resembled alcohol intoxication, or you suffered from a medical disease (like GERD) that resulted in excessive mouth alcohol

The following types of evidence are typically used in these types of cases:

  1. Eyewitnesses
  2. Professional forensic witnesses
  3. Accident reconstruction professionals
  4. Video surveillance footage
  5. Split blood tests

Saying you did not intend to drive while impaired is not an adequate defense. That is because driving under the influence of alcohol is considered a "general intent" offense and not a "specific intent" offense.

Find a Professional DUI Attorney Near Me

A DUI conviction has serious, far-reaching repercussions. It is important to be familiar with the DUI statutes and repercussions in California. If you or your loved one is facing DUI charges in Los Angeles, you should consult with a seasoned DUI defense attorney without delay to discuss your situation.

A knowledgeable lawyer can guide you through the procedure and even negotiate a plea deal. If you reach out to the Law Offices of Jonathan Franklin, we will conduct a thorough assessment of your case and offer advice on potential options. As a team, we are committed to utilizing our knowledge of California DUI laws to your advantage. Call us today at 310-273-9600 to speak to a DUI lawyer.

If you are facing a DUI charge in California as a first-time offender, you could be considering pleading guilty to your charges, paying the fines, and going on with life as usual. However, this may be a costly mistake because California has more severe fines than other states. A conviction for driving under the influence in California can have long-lasting effects on your ability to work or even find housing.

Understanding the laws can help you avoid DUIs and plan what to do if you are arrested. This article explains everything you need to know about California DUI laws.

An Overview of California DUI Laws

California DUI laws are outlined under Vehicle Code (VC) 23152, which makes it illegal to:

  • Operate a motor vehicle while under the influence of alcohol (VC 23152 a)
  • Operate a vehicle while under the influence of a drug (VC 23152 f)
  • Drive a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above (VC 23152 b)

The vehicle code further specifies definitions and punishments for driving under the influence, as shown below:

Driving Under the Influence (DUI)

A DUI offense, or driving under the influence, is the act of operating a vehicle while being impaired by alcohol. Drivers who are arrested for drunk driving face charges of driving under the influence of alcohol under California VC 23152 a. However, the prosecution must demonstrate without a doubt that the accused was impaired while operating the vehicle.

California law generally defines a "vehicle" as any means of transportation a person can use to move, pull, or propel along a roadway. This can include a scooter, car, watercraft, or bicycle. You cannot be charged with a DUI if you were only asleep in the rear passenger seat or did not have the vehicle's keys.

Driving Under the Influence of Drugs (DUID)

Drivers in California are also not allowed to operate a vehicle while under the influence of any drug. According to the California DUI law, drugs include illegal substances like heroin, cocaine, and ecstasy, as well as controlled substances such as Xanax and Vicodin. It is worth noting that there are no distinctions between illegal and legal drugs. Any drug that affects your function or state of mind can result in a DUI arrest.

Drivers arrested under suspicion of driving under the influence of drugs (DUID) will be obligated to undergo a blood test. Motorists who test positive could face charges of DUID or driving under the combined influence of drugs and alcohol under California VC 23152(f).

Per Se Intoxication

California has also adopted, per se, intoxication legislation. This means that if your blood alcohol concentration (BAC) is at or above the legal limit, law enforcement officers can arrest you without requiring any more evidence of your impairment. In California, the legal BAC limit is 0.08 percent. For commercial motorists, the legal BAC limit is 0.04 percent.

If your blood alcohol concentration (BAC) ranges from 0.05 percent to 0.07 percent and you exhibit other impairment signs, such as staggering, the police could still detain you for a DUI. The arresting officer must provide more evidence of your impairment.

California law has a zero-tolerance policy regarding impaired driving for people under the age of 21. A blood alcohol concentration of 0.01 percent will result in a DUI arrest and civil charges. The consequences are more severe if your blood alcohol concentration is 0.05 percent. If your blood alcohol concentration is 0.08 percent, you risk facing adult/standard DUI charges but no jail time.

Implied Consent

Under the implied consent statute, a driver who has been detained for DUI must consent to a breathalyzer test to establish their blood alcohol concentration (BAC). They can also ask that you undergo a urinalysis or blood test.

In the past, both breath and blood tests for DUI were subject to implied consent legislation. However, the US Supreme Court suggested that individuals will not face consequences for declining to submit to a blood test where the authorities do not have a warrant.

Remember that this legislation only addresses blood and breath tests conducted after a valid DUI arrest. Drivers still have the option to decline breathalyzer tests administered at the scene before their arrest.

Standard Tests Performed at DUI Checkpoints

If an enforcement officer pulls you over on suspicion of driving under the influence, they could ask you to take multiple tests to assess your condition.

First, you could be requested to carry out field sobriety tests. These tests are designed to help law enforcement officers determine if you have consumed any alcohol. Such tests include touching your nose or walking in a straight line.

The other most common test is a Preliminary Alcohol Screening (PAS). For this test, you blow into a breathalyzer machine, which determines the alcohol content in your breath. Anyone over 21 has the legal right to turn down the preliminary tests before arrest.

Other chemical testing, such as breath, urine, and blood testing, can be conducted at the station following your arrest to determine your alcohol or drug use. These examinations are mandatory, and failing to take them could result in extended driving permit suspensions, jail time, and other penalties.

Aggravating Factors

There are several aggravating elements that, if present when you are apprehended for DUI, will result in a more lengthy jail or prison sentence. These factors include the following:

  • Having a BAC of .15 percent or more
  • Driving with an open alcoholic beverage
  • Refusing to undergo a chemical test
  • Acting aggressively toward law enforcement officers
  • Causing a crash
  • DUI with a minor under 14 years in the vehicle
  • Driving at high speeds

Penalties for DUI in California

There are criminal and administrative penalties for DUI.

Criminal Penalties

The California criminal court handles DUI criminal penalties. The majority of DUI offenders are charged with a misdemeanor. A first-time offense carries a maximum $1,000 fine in addition to other penalties. The court will also impose a license suspension for a minimum of six months.

You are required to finish a substance abuse rehabilitation and awareness program that lasts for three months. You could be imprisoned for 96 hours to a maximum of six months. As an alternative to spending time behind bars, first-time DUI offenders could be eligible for probation that lasts between three and five years.

If you have two DUIs in ten years, you could be subject to ninety days to twelve months in jail and fines of up to one thousand dollars. You have to finish nine months of rehabilitation and education regarding substance misuse. The court has the authority to impose longer license suspensions.

If you are convicted of your third DUI within ten years, you could face at least 120 days and as much as a year in prison. The court could require you to undergo alcohol treatment for 30 months and impose a fine of a maximum of $1,000. Your criminal record will show you have been a habitual offender for three years. Harsher penalties may apply for repeat traffic violations.

If you injure someone else or commit your fourth violation within ten years, you could be charged with felony DUI.

Administrative Penalties

The administrative portion is handled by the California Department of Motor Vehicles (DMV). When you are arrested for driving under the influence, the officer will seize your driving license and notify you that your license has been suspended or revoked. This procedure is known as the administrative per se. That is not the same as a license revocation or suspension that a court of law could impose. It does not matter if the court finds you not guilty; you still have to serve out your administrative driving license suspension.

If you want to contest your suspension, you have 10 days to apply for an administrative hearing with the DMV. Your suspension will begin thirty days after you receive the notice of revocation or suspension. For first-time offenders over the age of 21 or possessing a commercial driving license, the license suspension period is four months.

If you have a second violation within ten years or fail to submit to chemical testing, your suspension will last for a single year. Your license will also be suspended for a year if you are under 21. You must submit a new application for a driver's license once you have completed the required suspension period.

If you need to drive only to and from school, work, or to attend to other essential duties, you can obtain a restricted license. Only those who meet certain requirements—being above 21 and having consented to chemical testing—are eligible for restricted licenses.

Ignition Interlock Device

The state of California also offers a program for ignition interlock devices. Your car's ignition system is equipped with an ignition interlock device (IID), which functions as a breathalyzer. To start your vehicle, you must blow air into the ignition ignition device (IID). If it finds alcohol in your body, it will prevent your car from starting.

An individual who has committed a DUI for the first time can qualify for an IID through the DMV. Compared to a restricted driving license, having an IID can give you more freedom while driving. The IID has to be installed for a minimum of six months. If your charges involved only drugs, you will not be eligible to have an IID placed.

If you are convicted of more than one DUI in ten years, the court will order that an IID be installed. The device must remain installed in your car for one to three years. Tampering with the ignition interlock device is illegal.

Alternative Sentencing

When it comes to driving under the influence convictions, "alternative" sentencing options serve as substitutes for local jail or state prison sentences. These sentencing options, when applied in conjunction with California DUI fines, might include:

  • Community service
  • Roadside work with Cal-Trans
  • Staying at a sober living residence or community
  • either house arrest or electronic monitoring
  • Detention in a city or private jail.

An attorney whose focus is not on drunk driving might not even be aware that these options exist, and even though they do, they might not be aware of the best strategies for persuading the court and/or prosecution to accept them.

This is among the many reasons why working with a skilled drunk driving defense attorney is critical to winning your California DUI case and reducing your penalties.

Fighting DUI Charges

There are numerous ways to contest California DUI charges, depending on the case's circumstances. Possible mitigating factors and defenses are:

  • It was not justified for the police to stop you at the scene, and they did not have sufficient reason to make an arrest
  • Either the blood tests were tainted, or the breath test device was broken
  • You were given the wrong instructions by the police to complete the field sobriety tests, or your score was inaccurate
  • You had a legal blood alcohol level, but your elevated BAC score was caused by increasing blood alcohol
  • You experienced a medical event (like a seizure) that resembled alcohol intoxication, or you suffered from a medical disease (like GERD) that resulted in excessive mouth alcohol

The following types of evidence are typically used in these types of cases:

  1. Eyewitnesses
  2. Professional forensic witnesses
  3. Accident reconstruction professionals
  4. Video surveillance footage
  5. Split blood tests

Saying you did not intend to drive while impaired is not an adequate defense. That is because driving under the influence of alcohol is considered a "general intent" offense and not a "specific intent" offense.

Find a Professional DUI Attorney Near Me

A DUI conviction has serious, far-reaching repercussions. It is important to be familiar with the DUI statutes and repercussions in California. If you or your loved one is facing DUI charges in Los Angeles, you should consult with a seasoned DUI defense attorney without delay to discuss your situation.

A knowledgeable lawyer can guide you through the procedure and even negotiate a plea deal. If you reach out to the Law Offices of Jonathan Franklin, we will conduct a thorough assessment of your case and offer advice on potential options. As a team, we are committed to utilizing our knowledge of California DUI laws to your advantage. Call us today at 310-273-9600 to speak to a DUI lawyer.