California is the 3rd largest state in the country, with more than 27.2 million licensed drivers. Driving in California can be dangerous with so many drivers on the roadways. When you factor in 30% of all auto fatalities caused by alcohol-impaired drivers, maintaining road safety is a serious concern for the state. If you are charged and convicted of a DUI (driving under the influence), you can face serious consequences, including jail time, fines, and a suspension of your driver’s license. Those consequences are no small thing, but if you are going to drive in California, you should also be aware of other facts about DUI law in the Sunshine State.
4 Things You Probably Didn’t Know about DUIs in California
According to Division 11, Chapter 12, Article 2, 23152 - 23229.1
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
- BAC Levels Aren’t Universal: Your blood alcohol level for drivers over the age of 21 cannot exceed 0.08 percent. For drivers under the age of 21, there is a zero-tolerance policy for drinking and driving, so the BAC for drivers under 21 is 0.01 percent.For drivers carrying passengers as a ride-share or driver for hire, your BAC cannot exceed 0.04. Lastly, if you have a BAC of 0.16, penalties and fines increase because you’ve doubled the legal limit.
- BAC Testing Consent is Implied: When you drive in California, you give implied consent to submit to a BAC test if an officer suspects you of intoxication. While the officer will allow you to refuse the blood and breath test, you will face severe penalties for refusing. Among the penalties include a mandatory suspended driver’s license that doesn’t qualify for any hardship allowances. While you cannot refuse the BAC test, you can refuse the field sobriety test. Implied consent only applies when you are under arrest.
- No Driving Allowed: Once you are placed under arrest for DUI in California, you must immediately surrender your license. Once the officer takes your license, it begins the DMV process to suspend your license, which is separate from any sanctions handed down by the judge in court. The only way to clear this administrative suspension is to schedule a hearing with the DMV within ten days of your arrest. You can present evidence if you feel you were wrongly accused; otherwise, you must wait until your criminal case is finalized. Once your case is resolved, you will have to pay $125 to have your license reissued.
- Get Ready for Class: In addition to any other penalties you receive, you will also be required to attend an approved DUI program and pay the fees required to attend the class.
- Driver with a 1st DUI offense will be required to attend a state-licensed three-month 30-hour alcohol and drug education and counseling class, ranging in costs from $850 to more than $1000.
- Drivers with a 1st DUI offense and a BAC of 0.20 or higher will be required to complete a state-licensed nine-month 60-hour class.
- Drivers with a 2nd DUI or any future DUIs will be required to complete an 18-month multiple offender program.
In Sacramento County and Alameda, Los Angeles, and Tulare counties, drivers with a DUI conviction will be required to have ignition interlock devices installed on their vehicles. These programs are very expensive and must be paid in addition to any court levied fines. Call us today at (916) 571-1550 to schedule a consultation.