California DUI Law

California was second only to Texas in 2004 for number of alcohol related traffic deaths.  Of the 4,112 deaths caused by car accidents, 1,154 of those involved at least one driver was over the legal limit (.08). 

Driving Under the Influence

California’s legal limit is .08.  California also imposes a limit of .04 for commercial drivers.

Penalties

First Time Offenders - California sentences first time offenders to no less than 96 hours (at least 48 of which must be consecutive) of jail time and imposes a maximum limit of 6 months.  Additionally, California imposes a fine of $390 - $1,000.

Second Time Offenders - Drivers who have two violations within 10 years of each other are sentenced to a minimum of 90 days in the county jail and a maximum of one year.  The court will also issue a fine of between $390 - $1,000.

Third and Subsequent Offenses - If convicted of a third offense within 10 years, California imposes a sentence of not less than 120 days, not more than one year and a fine of between $390 - $1,000.  The offender’s drivers license is also revoked.

Additional Sentences - If the drunk driver injures one person, his sentence is escalated to 90 days to one year of jail time.

If the drunk driver injures more than one person an additional year is tacked onto the sentence for each person injured.  The maximum number of additional years is three.

If the drunk driver has a minor (under the age of 14) in the car, the court may impose the following sanctions: an extra 48 hours of continuous jail time for the first offense, 10 days for the second offense, 30 days for the third offense, and 90 days for all subsequent offenses.

First Time Offender Program

California sentences first time offenders whose blood alcohol level was below .20 to participate in a program that is at least three months long (and potentially longer, based on the court’s discretion).  The program will involve at least 30 hours of activities, including education, group counseling, and individual counseling sessions

For first time offenders whose blood alcohol level was above .20, the program will last at least nine months and involve at least 60 hours of the above activities.

License Suspension

California suspends the license of first-time offenders until they have successfully completed the driving-under-the-influence program.

Ignition Interlock System

The court has discretion in whether to attach an ignition interlock system to the defendant’s car.  The legislature highly encourages, but does not require, the court to do so in cases where the driver’s blood alcohol content was over .20.  Courts may order that this system be attached for up to three years from date of conviction.

Refusal to Consent to a Chemical Test

While California does not require drivers to submit to a chemical test, they should be aware that refusal to take the test will result in the following increased penalties for conviction:

• First offense – extra 48 hours jail time
• Second offense – extra 96 hours jail time
• Third offense – extra 10 days jail time
• Subsequent offenses – extra 18 days jail time

Youthful Offenders

Based on the legislative findings that youthful offenders often do not appreciate the risks of their behavior, are at a greater risk for dependency on drugs and alcohol, and are a greater risk on the community at large, California has instituted the Youthful Drunk Driver Visitation Program for offenders who are under the age of 21.

This program is a discretionary measure which is ordered by the court and requires the consent of the defendant and/or his legal guardians.  It attaches as a condition of probation.

Under the terms of the program, the defendant may visit any or all of the following places:

• A trauma facility that regularly receives victims of vehicle accidents between the hours of 10 p.m. and 2 a.m.  The purpose of this is for the offender to see the potential consequences of drunk driving.
• A treatment facility for advanced alcoholism.
• The county morgue to see the potential consequences of drunk driving.

Any accident victims to be viewed by the defendant must have been deemed “appropriate victims,” meaning that they involved drunk drivers but were not overly grotesque or gruesome.

The legislature also recommends personal conferences between the defendant and the sentencing judge, a judicial officer, or the program coordinator after the visit to discuss drunk driving.