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DUI/DWI Information for California

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In California, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

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For more detailed information about California DUI issues:

California Drunk Driving

This is a resource for drunk driving trends and statistics, information about support for victims and referral services for legal advice regarding DUI related charges/arrests.

California DUI Lawyers

California DUI Lawyers are required if you want to effectively defend a CA DUI charge. This article provides a resource to find qualified California DUI lawyers as well as tips and pitfalls to look out for when looking for a DUI attorney

California DUI Defense

Defending a California DUI resource. The DUI defense process involves multiple hearings with the CA DMV as well as in criminal court. California DMV DUI hearings, criminal DUI defense, the role of DUI lawyers in the defense covered here.

California DUI Expungement

Find out if your DUI conviction can be cleared from your record. Most DUI convictions are eligible to be expunged in California pursuant to Penal Code Section 1203.4.

SR 22 Financial Responsibility

SR-22 forms ensure the financial responsibility of at risk California drivers. This article covers the topics of who requires an SR-22 insurance form, getting an SR-22 form, SR-22 requirements, filing the SR-22 form.

California DUI

Overview of California DMV.com articles regarding DUI - Driving under the influence of alcohol or drugs. This article provides general information about DUI charges and resources for dealing with the DUI related issues.

REGULATIONS FOR DUI/DWI IN CALIFORNIA

In California, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.01% for those under 21. Any measurable BAC for those under 18 is punishable. For commercial drivers, the limit is set at 0.04%.

Having a California license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your privilege to drive being suspended for a year for first offense, a two year revocation for second offense in ten years, and three year revocation for the third or subsequent offense in a ten year period.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

  1. The first offense may result in imprisonment for up to 6 months and/or up to a $1000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
    • 2 points will be added to your driving record.
    • Your license will be suspended for six months.
    • Your vehicle may be impounded and you will have to pay storage fees.
    • You may be eligible to drive using the Restricted License, after completing a mandatory 30 days of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
  2. The second offense or two offenses in ten years may result in imprisonment for up to one year and/or up to a 1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
    • 2 points will be added to your driving record.
    • Your license will be suspended for two years.
  3. The third offense or three offenses in ten years may result in imprisonment for up to one year and/or up to a 1000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
    • 2 points will be added to your driving record.
    • Your license will be revoked for three years.
  4. The fourth offense or subsequent offenses may result in imprisonment for up to one year and/or up to a 1000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
    • 2 points will be added to your driving record.
    • Your license will be revoked for four years.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

  1. 2 points will be added to your driving record and your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.01%) while driving.
  2. The driving privilege may be suspended or revoked for one year after the first conviction and you will have to pay a $100 fine. For a second offense within one year, the fine is $200 and you may not be granted a Restricted License for second or later offense. The fine for the third offense in one year is $300.
  3. For BAC of 0.01%, the Peace Officer may issue you a temporary license for 30 days after taking your license and may hand you over to juvenile authorities or your parents. For BAC over 0.05%, you will be issued an order of suspension and will be detained till handed over to juvenile authorities or your parents. For BAC 0.08% or more, you may be arrested by the peace officer.
  4. Your vehicle can be impounded for 30 days if you are caught in possession of alcoholic beverages in your vehicle, the court may levy a $1,000 fine and your driving privilege may be suspended for a year or may direct the DMV to delay issue of your first license by one year. You may carry an alcoholic beverage if you are accompanied by a parent of legally specified individual.
  5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

  1. 2 points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%.
  2. You may be barred from driving a commercial vehicle for a period of 90 days to five years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
  3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
  4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

California laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

  • He/she is aged 21 and above and is driving with BAC 0.08% or more.
  • He/she is aged below 21 and is driving with BAC 0.01% or more.

Under this action, if you are arrested for DUI/DWI, the arresting officer will confiscate your California driver license and issue a temporary 30-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire sworn report of the incident to the DMV.

The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous ten-year driving record. If he has any alcohol related convictions or suspensions for this ten-year period, his license will be revoked for two years, and if not, then it will be suspended for up to six months. You may be eligible to drive using the Restricted License, after the 30 days of suspension.

If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favour of the driver, then the DMV will send a notification in writing and his license will be returned and the suspension/revocation will be cancelled.

If the driver, however, does not request a hearing, then the suspension/revocation begins on the 30th day after the arrest, and is final. You may also be punished under the Three Strikes Law of California if your case involves serious injury/ death.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

  1. To complete the reinstatement requirements, you must prove that you have successfully completed the approved drinking driver program for first offense and a 18 or 30 month program for second or later offense or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $125 ($100 for those under 21), and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law. For BAC of 0.20% or more, you will have to undergo an enhanced DUI treatment program and your license will be suspended for 10 months.
  2. If you are being convicted the court may order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
  3. You can submit the reinstatement application and fees at a DMV office near you.

ADDITIONAL INFORMATION

  • DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
  • If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
  • See also Suspended License, Point System and Traffic Ticket Lawyers.
  • California participates in the Interstate Driver's License Compact hence drivers licensed in other states must request hearing in a California DMV if arrested in California for DUI/DWI.
  • In California, passengers of motor vehicles are also not permitted to drink or possess partially open alcoholic beverages on a highway.
  • In California, conviction for DUI/DWI with a minor under age 14 as a passenger in your vehicle invites additional punishment of up to 48 hours to 90 days of continuous imprisonment.
  • Similar penalties are applicable when driving any aquaplane, water skis, vessel or similar devices. These convictions are entered on your driving record and the court will use these to determine "prior convictions" for sentencing for motor vehicle DUI.
  • Most DUI convictions are eligible to be expunged in California pursuant to Penal Code Section 1203.4. See if you are eligible here

Reviews of DUI/DWI Information for California

Need help. Have no job or income forthe last 6 months, need restricted lic so I can get a job. I'm basically homeless and don't know how I can afford to do DWI classes , ingnition device etc. my Dl # C6450186 name Sherry Duckworth ph 661-205-5819. Please help me.

Morons... You don't put information on here thinking you'll get an appointment. This is a review section. That means you rate the services that DMV provides. This isn't a forum that attorneys or DMV hearing officials use to set appointments

Dumb

Dumb

Dumb

I disagree!

Everyone,

Please leave your full name, home address, mother's maiden name and SSN for us to pull up your records and we'll be able to get back to you sooner...

My name is William A Sloan II, DL#B9055077. My license was revoked in 2008. I also spent 6 months in jail. I am no longer a resident of Cal, and I need my license. What do I need to do?

what are the penalties for a first offense DUI of 0.08?

Penalties are determined by many factors

Severity

Priors

%BAC

Get a lawyer.

So? what you are stating is that for your first DUI and they marked it as 0.08% i need to get a lawyer....i have never herd this before, so what should i do? if this happen on a Federal area?

Hi my name is Cristina, i had a DUI in Jan 30, 2010 and i enrolled in a 3month dui class per the courts orders and i got a special insurance with a SR-22 and i sent copies to the Dmv of my completion of the 3month program and i also sent copies to the court... my question is can i just go inside the dmv without an appointment and get my license or do i have to take the written and driving test again and need an appointment please i need this info ASAP?

hi i would love to speak to an attourney asap. i believe i left my number in my account information.

My name is robin ramon rodriguez and I would like a hearing regardining a d.u.i. from 2003 my B.A. C. says none on my printout and there is no record of my B.A.C. anywhere

I need a hearing reguarding a dui

Yes

 

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