What You Should Know About California DUI Laws & Penalties
There are many factors that surround a DUI and its possible penalties. Here is everything that you need to know about California DUI Laws & Penalties.
What is Considered a DUI?
A DUI has considered any instance wherein a motorist is under the influence of any substance (does not have to be alcohol) and has either a blood alcohol concentration of over 0.08 and/or their ability to drive is impaired by other substances.
What happens once you get pulled over for a DUI
- The police officer forwards a copy of the suspension/revocation form and driver’s license to the DMV.
- The DMV then conducts an administrative review with the officer’s report in hand and any test results that indicate the presence of substances.
- Once the individual has the receipt of the suspension/vacation order, they can request a hearing from the DMV within 10 days.
- If the review does not indicate the basis for suspension of license, then the suspension will be rectified.
Related: What is the Age of Consent in California?
What is the penalty for a DUI in California?
In some cases, even getting a DUI three times will result in a misdemeanor. However, the charge can become a felony if the DUI involves injuries or fatalities.
Most likely, the first-time consequences are often an informal probation and fines that are less than $400. However, the cost of attending offender alcohol programs and receiving penalty assessments can raise this quite a bit. While there is no jail time for the first time, the jail time and fines increase with the second offense. The minimum jail time for a DUI the second time is 96 hours. If there are fatalities and injuries, the DUI charge can then become a felony and be charged with either murder or gross vehicular manslaughter. This can result in imprisonment for up to 10 years.
How to Avoid Jail Time for a DUI in California
A Wet Reckless Sentence
A wet reckless is a reckless driving charge. In order to obtain a “wet reckless,” the motorists’ alcohol level has to be around .08%. A wet reckless can be beneficial to a motorist because it is not an arrestable offense. However, there are some prerequisites to obtaining a wet reckless charge. These include the instance of reckless driving being a first-time offense, having no criminal record, and having no previous alcohol/drug-related offenses.
Pros to receiving a Wet Reckless Charge
These include:
- A lower time commitment to DUI school
- The court will not take away one’s license to drive
- Lower fines
- Shorter probation period
- Shorter jail sentence
- Looks better for future employment than a DUI
Cons to receiving a Wet Reckless Charge
These include:
- A motorist can only receive a wet reckless charge if they plead guilty or no contest, and therefore, may have to make an admission of guilt.
- Car insurance companies may increase premiums and deductibles for wet reckless charges.
- If the motorist has a second offense within the next 10 years, the wet reckless charge will count as a prior offense, making the penalty for the second offense more severe.
Related: California Expungement: Sealing a Criminal Record
Weakening the Prosecution’s Case
If one does not want to plead guilty or no contest, the next solution is to fight in court. One’s chance may increase if the defense is going against a weak case from the prosecution.
The prosecution’s case can be weak if:
- The arresting officer mishandled the evidence
- If there can be something wrong with the breath analyzer
- If a higher BAC can be associated with a medical condition
Any of the scenarios above could lead to charges being dismissed.
Rehab
Another way to avoid jail time for a DUI would be for a judge to send the individual to rehab. Rehab is a more common option for repeat offenders than those who are first-time offenders. In order for a judge to send an individual to rehab, the defendant and their lawyer must make a case that shows remorse and a willingness to change. In rehab, an individual will attend meetings and receive help to treat their addictions.
House Arrest
Another way to avoid Jail time is house arrest. Although the defendant’s freedom may still be limited, it can be better than jail time, as individuals can – at the judge’s discretion – still attend work and go to meetings to help them with addiction.
FAQs About California DUI Laws & Penalties
What would I do if the officer confiscated my driver’s license?
At the end of the suspension, one can pay the $125 reissue fee to the DMV and file insurance in order to receive their driver’s license.
Why does the DMV offer the right to a hearing?
Both state and federal laws provide every person who may be losing their property the due process of law. In these cases, due process means that one will receive notice of the action the DMV intends to take against one’s driving privileges and the individual in question will be given an opportunity to be heard (through a hearing).
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If you or a loved one would like to learn more about California DUI Laws & Penalties, get your free consultation with one of our criminal law attorneys in California today!