In the State o California DUI is considered to be as a serious crime. The drivers who have been caught on account of drunk driving charges are required to submit their blood, urine or breathe sample for checking the Blood Alcohol Content or BAC level. These are actually in implied consent laws. In case of driver’s refusal to submit the sample, he/she will receive for DUI punishments, like compulsory cancellation of driver’s license up to one year. Here are details of California DUI penalties:

Blood Alcohol Absorption

In the California State, any driver with DUI charges has BAC more than 0.08 percent is deemed to be under the influence of drugs/alcohol or driving while intoxicated i. This proof is enough to proof the DUI or DWI offense of the driver.

Zero Percent Tolerance for Blood Alcohol Content

In all the states, the laws of no tolerance focus on those drivers who are under the lawful drinking age. In the State of California, the legal drinking age is 21 years and any of the individuals who is operating a car below the age of 21 found to be with BAC 0.02% or more is liable to receive DUI penalties.

Enhanced Punishment for Blood Alcohol Absorption

In couple of states, there are more severe punishments for the drivers charged for DUI with the higher BAC at the time of their arrest. Normally in all the states, this limit is from 0.15 percent to 0.20 percent above than the legal limit. However, this punishment is not valid California State.

Administrative License Cancellation Punishments

These are actually the obligatory punishment for those drivers who have higher BAC level than the California legal limit of 0.08 percent BAC. As per the implied consent laws, these drivers have to deliver their blood, urine or breath for testing the blood alcohol content.

If they refuse to do so, the penalty could be the license annulment for some time or on permanent basis by Department of Motor Vehicles (DMV). In California for first time DUI sentence, the license can be confiscated for ninety days on compulsory basis. For the second time DUI sentence, the driver’s license can be canceled for one year and for third time DUI charges, the driving license can be annulled for three years.

Confiscation of Vehicle

Generally, the penalty of vehicle confiscation is on temporary or permanent basis for DUI conviction. This penalty is for the repeat offenders.  This punishment is not an option in California State.

Ignition Interlock Device

Often, an ignition interlock device is attached to the convicted driver for a certain period of time. The car does not start until the driver completes the breath test. This punishment may be an option in few of the states, but this is not applicable in California.

Compulsory Alcohol Learning and Evaluation/Treatment

Alcohol mentoring and deterrence program, cure for alcohol exploitation and appraisement of an individual for the probable alcohol or drug reliance may also be desirable for DUI criminals in California. Sometimes, this is suggested instead of payment of fines and imprisonment

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Posted on 14 May 2011