California DUI Laws
In California, the legal limit for most drivers is a blood alcohol concentration (BAC) of 0.08%. For drivers of commercial vehicles, the limit is 0.04%, and for drivers under the age of 21, any measurable amount of alcohol in the bloodstream can lead to a DUI charge.
The state also has an implied consent law. This means that by operating a vehicle in the state, you have implicitly consented to chemical testing (breath, blood, or urine) if you are suspected of driving under the influence. Refusing to take a chemical test can result in automatic penalties such as a suspended license.
Lastly, California has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol in a driver under the age of 21 can result in penalties.
What Are the Penalties for a DUI in Los Angeles?
The penalties for a DUI conviction depend on several factors, including your blood alcohol concentration (BAC) at the time of the arrest, your criminal history, and whether or not anyone was injured as a result of your actions.
If you are convicted of a first-time DUI, you may face:
- Up to 6 months in jail
- Fines of up to $1,000, plus court fees
- License suspension for up to 10 months
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
For a second-time DUI, you may face:
- Up to 1 year in jail
- Fines of up to $1,000, plus court fees
- License suspension for up to 2 years
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
For a third-time DUI, you may face:
- Up to 1 year in jail
- Fines of up to $1,000, plus court fees
- License suspension for up to 3 years
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
For a fourth-time DUI, you may face:
- Up to 1 year in jail
- Fines of up to $1,000, plus court fees
- License suspension for up to 4 years
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
If you are convicted of DUI and someone was injured as a result of your actions, you may face:
- Up to 1 year in jail
- Fines of up to $5,000, plus court fees
- License suspension for up to 5 years
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
If you are convicted of DUI and someone was killed as a result of your actions, you may face:
- Up to 4 years in state prison
- Fines of up to $10,000, plus court fees
- License suspension for up to 5 years
- Probation for up to 5 years
- Mandatory enrollment in a DUI school
How Long Do You Lose Your License for a DUI in California?
If you are arrested for DUI in California, you will face two separate cases. The first is a criminal case, which is handled in the criminal justice system. The second is an administrative case, which is handled by the California Department of Motor Vehicles (DMV). When you are arrested for DUI, the law enforcement officer will take your driver’s license and issue you a temporary one. You will then have 10 days to request an administrative hearing with the DMV. If you fail to request this hearing, your driver’s license will be automatically suspended.
At the administrative hearing, the DMV will determine if your driving privileges should be suspended. If you are a first-time offender, you may face a license suspension of up to 4 months. If you are a second-time offender, you may face a license suspension of up to 1 year. If you are a third-time offender, you may face a license suspension of up to 3 years. If you are a fourth-time offender, you may face a license suspension of up to 4 years. If you refused to submit to a chemical test at the time of your arrest, you may face a license suspension of up to 1 year for a first-time offense, up to 2 years for a second-time offense, up to 3 years for a third-time offense, or up to 4 years for a fourth-time offense.
How Long Does a DUI Stay on Your Record in California?
In California, a DUI conviction will stay on your criminal record for 10 years. This means that, if you are arrested for DUI within 10 years of a previous DUI arrest, you could face increased penalties. For example, if you are convicted of a first-time DUI and then arrested for DUI again within 10 years, you will be charged with a second-time DUI and will face increased fines, longer license suspension, and more.
When you are convicted of DUI, the conviction will also be reported on your driving record. This means that your insurance company will be able to see the conviction and may choose to increase your rates or cancel your policy. If you are required to drive for your job, your employer may see the conviction and choose to terminate your employment. Additionally, if you are convicted of DUI, you will be required to inform your employer. This may also lead to the loss of your job.
What Are Common DUI Defense Strategies?
There is no one-size-fits-all defense to a DUI charge. The best defense for you will depend on the specifics of your case. At The Law Offices of Jacqueline Goodman, we can review the circumstances of your arrest and determine the best course of action for you. Our Los Angeles DUI defense lawyer is a former prosecutor who knows how to build strong defenses. We can help you fight the charges against you.
Some common DUI defense strategies include:
- Challenging the accuracy of the breathalyzer
- Challenging the accuracy of the field sobriety tests
- Challenging the legality of the traffic stop
- Challenging the legality of the arrest
- Challenging the admissibility of the chemical test results
Why Hire The Law Offices of Jacqueline Goodman?
Being convicted of DUI can have serious consequences. You may face jail time, fines, license suspension, and more. If you have been arrested for DUI, you need an experienced lawyer on your side. At The Law Offices of Jacqueline Goodman, we are committed to providing our clients with the aggressive representation they deserve
Our Los Angeles DUI defense lawyer can help you build a strong defense and will work to get the charges against you reduced or dropped. We can also help you navigate the administrative hearing with the DMV and will fight to protect your driving privileges.
Contact us today at (714) 266-3945 to speak to our DUI defense attorney in Los Angeles.
