« California DUI Penalties

January 8, 2010

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Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing for alcohol content is known as “implied consent laws”. In those penalties mandatory suspension of a driving license for up to a year is also included.

Blood Alcohol Concentration (BAC)

In California if blood alcohol concentration of a suspected driver is above 0.08% he will be convicted for DUI under the law. For that only this confirmation is all that is needed for a suspected driver to be convicted of a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood Alcohol Concentration

In almost all states zero tolerance laws basically on drivers not of legal drinking age. In California drivers under 21 years of age operating a motor vehicle with a .02 percent or higher blood alcohol level will be subject to DUI penalties.

Enhanced Penalty Blood Alcohol Concentration

Some states are having more severe punishment for those convicted of DUI with a particularly high blood alcohol content at the point of arrest; that is usually .15 to .20 percent above the legal limit. In California, enhanced penalty laws are not utilized.

Administrative License Suspension/Revocation Penalties

These are minimum mandatory penalties subject to drivers with a blood alcohol concentration above than 0.08 percent or drivers subject to the implied consent laws for refusing to submit to breath, blood, or urine testing for blood alcohol content.

Suspension of revocation of the driver’s license by DMV penalty is included also. For first time DUI offense in California there will be a mandatory suspension of 90days; for second offense one year; for third offense it will be three years.

Vehicle Confiscation

Fine of vehicle confiscation for DUI conviction temporarily or lastingly is a likelihood in some states that’s usually for repeat offenders. While in California it is not a penalty option.

Ignition Interlock

Ignition interlock is a device that is attached to the suspected DUI offender’s vehicle to require the driver to go for a breath test before starting the vehicle. In some states this penalty is an option while in California it is not a choice.

Mandatory Alcohol Education and Assessment/Treatment

In California, alcohol education and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug dependence can be required for DUI offenders. These are optional steps often recommended instead of serving a sentence of incarceration or paying fines.