What is a DUI?
According to the California Department of Motor Vehicles, driving under the influence laws apply to both alcohol and drugs. It is against the law to operate any vehicle while under the influence of alcohol or any drug that will affect a driver’s ability to drive safely. Regardless of age, it is against the law to drive after:
- Drinking excessive amounts of alcohol in any form, including medications such as cough syrup
- Taking a drug that affects driving ability, including prescriptions or over-the-counter medications
- Using any combination of alcohol or drugs that decreases driving ability
It is against the law for any person under 21 years of age to operate a motor vehicle.
What California Laws are Directed Towards Underage Drinking?
The State of California has instated a “zero tolerance” law directed towards underage drivers. This law deems it a civil offense for anyone under 21 years old to drive with a blood alcohol contact, or BAC, of 0.01% or greater. This law pertains to all beverages that contain alcohol, including medications, and applies regardless of whether the driver was actually impaired by alcohol.
What are the Penalties for Underage DUI?
The following penalties are for first-time offenders who are underage and driving under the influence:
- Driving with any measurable alcohol in their system: One-year driver’s license suspension.
- Underage driver with a BAC of .05% or higher: One-year driver’s license suspension, a fine up to $100, and a mandatory alcohol education program of three months or longer if the driver is at least 18 years old.
- Actual impairment of 0.08% or higher: misdemeanor, one-yedriver’sr’s license suspension, three to five years of informal probation, fine up to $1,000, three or nine-month alcohol or drug education program, and, rarely, up to six months in county jail.
- DUI causing injury: Misdemeanor- three to five years probation, up to one year in jail, DUI schoodriver’sr’s license suspension, restitution to injured parties. Felony- up to four years in prison, up to $5,000 in fines, DUI school, three years Habitual Traffic Offender status, five years license revocation.
What are the Penalties for Adult DUI?
The following is a basic summary of penalties for adult DUI convictions. The severity of the penalty is related to past offenses and surrounding circumstances of arrest:
- First offense: up to six months in jail, a fine up to $1,000, up to nine months of DUI school, and up to 6 months of an ignition installation device (IID).
- Second offense: up to one year in jail, fine up to $1,000, up to 30 months DUI school, and up to one year IID.
- Third offense: up to one year in jail, fine up to $1,000, up to 30 months of DUI school, and up to two years IID.
What are Aggravating Factors?
Aggravating factors are circumstances that may result in extra penalties if they occur while another infraction is being committed. The most common aggravating factors associated with adult DUI cases are as follows:
- A BAC of 0.15% or higher
- Refusal to submit a chemical test
- Causing an accident
- Driving at excessive speeds
- DUI with a child under 14 years old
- Operating a vehicle while under 21 years old with any alcohol or intoxicants
- Driving with an open container
- Acting belligerent towards officers
The type of enhanced penalty that will be received is dependent on:
- The exact circumstances of the DUI arrest, and
- The offender’s criminal history with an emphasis on prior DUI history
For commercial drivers, a first-time DUI results in a one-year CDL suspension. A subsequent DUI within ten years prompts a permanent CDL revocation.
What are the Penalties for Drunk Driving with a Minor Passenger?
According to the California Vehicle Code, any driver who is convicted of a misdemeanor DUI and has a child in the car may be subject to the following penalties:
- First offense: up to six months in jail and a fine of up to $1,000.
- Second offense: if arrested twice within ten years, the driver may face an additional ten days in jail on top of standard DUI penalties.
- Third offense: if arrested three times within ten years, the driver may be labeled as a habitual traffic offender and may face an additional 30 days in jail on top of standard DUI penalties.
- Subsequent offenses: Fourth and subsequent offenses within ten years are punishable by up to one year of incarceration and a fine of up to $1,000. In addition to the standard DUI penalties, the driver may face an additional 90 days of incarceration.
What Laws Protect Driving Intoxicated with a Child Passenger?
According to the State of California’s child endangerment laws, it is a punishable offense for any person to willfully put any child who is under the age of 14 in a position that poses an immediate risk to their welfare or their health. Driving under the influence of drugs or alcohol with a child under 14 years old is known as a wobbler, meaning that this conviction can be charged as either a felony or a misdemeanor, depending on the severity of harm to the child.
To be convicted of child endangerment, the driver must have committed one of the following four actions:
- The child under the driver’s custody was injured, and the driver permitted or caused that to happen.
- The child under the driver’s custody was put in a position where they could be injured, and the driver permitted or caused that to happen.
- The child under the driver’s custody suffered unjustifiable mental suffering or physical pain, and the driver willfully caused that to happen.
- The child under the driver’s custody was placed in a position to suffer unjustifiable mental suffering or physical pain, and the driver willfully caused that to happen.
Do I Need an Attorney?
California’s drunk driving laws are incredibly strict. If you are facing a DUI charge, you need help you can count on. Call the Law Offices of Scott Henry today at 951-686-4384 or fill out a contact form for a free consultation.
