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Drunk Driving Laws and Liability Issues in California
April 27, 2010
Author:
Chris M. Alexander
It is a crime in California to drive with a blood alcohol content of 0.08 percent or higher. It is also illegal to driver under the influence of drugs – be it recreational or prescription. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”
1st Drunk Driving Conviction
On your first DUI conviction in California you will receive jail time of no less than 96 hours and no more than 6 months. The fine will be between $390 – $1,000. Your driver’s license will be suspended for six months, however, the court may grant a temporary restricted license. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. Depending on the circumstances of the case, a first time drunk driving offense may require you to install an Ignition Interlock Device at your own expense.
2nd Drunk Driving Conviction
A second drinking and driving conviction in California will get you jailed 90 days and to 1 year. The fine will be $390 to $1,000 and your driver’s license will be suspended for 1 year. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. Depending on the terms of the license suspension, you may be required to install Ignition Interlock Device at your own expense.
3rd Drunk Driving Conviction
Your third DUI conviction in California will mean jail time of 120 days to 1 year. The fine will be $390 – $1,000. You will be considered a “habitual traffic offender” for 3 years following your conviction and have your license suspended for 2 years. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. You may apply for a restricted driver’s license under certain circumstances by the court; however an Ignition Interlock Device may be required.
4th Drunk Driving Conviction
On your fourth DUI conviction in California you will receive jail time in a state prison for 180 days to 1 year. The fine will be $390 to $1,000. You will be considered by the state a “habitual traffic offender” for 3 years following your conviction and have your driving license revoked for 3 years. Your license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. You may apply for a restricted driver’s license under certain circumstances by the court.
Tags: Drunk Driving Laws, DUI Conviction, Ignition Interlock
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After my second DUI and countless of hours of pain I was almost forced to restart my life until I found help. The help I needed fought with me day in and day out until we had it resolved and my DUI was taken off my record.