CA DUI Laws and Driver's License Suspension

CA DUI Laws fall under Vehicle Code Section 23152 "Driving Under Influence of Alcohol or Drugs" and the penalties are severe even for a first time offender.  California residents must understand the complete code in order to understand what penalties that they face and the severity of these penalties.

First Time Offenses

A first time CA DUI offense can result in jail time ranging from several days to six months. In addition, the fines are steep, between $390 and $1,000.  DUI suspects must subject themselves to a chemical test or they will automatically be subjected to a suspended license for one (1) year for a first offense.

What Happens if You are Stopped

Those who are stopped and suspected of drinking and driving are automatically subjected to a chemical test. The arresting officer has not only the right but the obligation to advise you that you must take a chemical test. If your BAC (blood alcohol content) is over the legal limit, your driver's license will be taken from you and your vehicle may be impounded.

Police officers are required to confiscate your license if you fail the chemical tests. They must also file an immediate report with the Department of Motor Vehicles.  The DMV will then review the filed report and conduct an administrative review.  The administrative review will determine if the license revocation was appropriate or not and notify you. If you feel that after this review that your license should not have been revoked, you have the right (within ten days) to request a hearing.

Reinstating Your Right to Drive

If it has been determined that your right to drive was unfairly suspended your license will be returned to you. If not, then you will have to do the following after the suspension period:

• Pay a restoration fee of $125 to the DMV
• Prove that you are financially responsible

In some cases, you will also be required to attend alcohol education classes and with the new CA DUI laws, you may also be required to have an ignition locking device.  Those who are under the age of 21 may face considerably longer periods of time to have their right to drive reinstated.  

CA DUI laws do allow a person who is convicted of a first offense to file a "hardship claim" which may allow them to drive within 1 month of conviction.  This request must be made in a timely manner if it is to be successful and is typically not granted after multiple convictions.

Competent Legal Advice Required

The CA DUI laws are very confusing and can result in severe penalties. In addition DUI crimes are part of the CA three strikes laws. Financially, a DUI arrest and conviction can result in not only an increase in your insurance rates, but heavy fines as well.  Whether you are stopped for the first time for a CA DUI crime or you have a prior DUI arrest, you must contact a California DUI crimes attorney to help you navigate through the administrative as well as the court proceedings. A California DUI attorney who understands the laws can make all of the difference in not only how long you lose your driving privileges but how much jail time is required.