Each of the 50 states and the District of Columbia have laws against driving under the influence (DUI) of alcohol or drugs. In California, driving with a blood alcohol concentration (BAC) of .08 percent or above is considered driving under the influence of alcohol. Drunk-driving accidents take a terrible toll on society -- from the injuries and deaths of loved ones, to the costs of paying for the damage caused by these auto accidents. If you’ve been injured by a drunk-driver, you should think about meeting with a knowledgeable auto accident attorney.
DUI Laws for San Diego Drivers
Breaking a DUI law in California involves two different cases: one in court and one at the California Department of Motor Vehicles (DMV). If you’re arrested for breaking a DUI law, you’re required to request a hearing with the DMV within 10 days of the DUI charge. If this step is not taken, California DUI laws state that you’ve plead guilty to drunk-driving, and you will automatically receive a car/motorcycle license suspension on the 30th day. A criminal case for a drunk-driving in California focuses on these two DUI laws:- California Vehicle Code 23152 (a) -- Whether or not the driver was “unable to drive the automobile with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.”
- California Vehicle Code 23152 (b) -- Focuses on the “per se” charge of “was the driver’s blood alcohol level .08 or higher.”
- Fine between $390 and $1300
- Probation for 3 to 5 years
- Jail time ranging from 48 hours to 6 months
- Sheriff work programs
- First Offender School
- Restitution
License Suspensions for California DUI Offenders
As of 2009, a California DUI conviction results in license suspension, which takes effect 30 days after the arrest. The times for suspension by the DMV are as follows:- First DUI offense: 4-6 months
- Second DUI offense: 24 months
- Third DUI offense: 24 months or more.