DUI Arrest In California

The state of California has strict laws for DUI (Driving Under Influence). These laws are similar to

laws of many other states in USA. According to Californias DUI laws, its illegal to operate motor

vehicle with BAC (Blood Alcohol Concentration) of or more than 0.08% for persons of age of 21 or

more. For commercial vehicle drivers, the limit is 0.04%. For persons under age of 21 the limit is of

0.01% or higher. And for repeat offenders, the limit is 0.01% or higher. There is no tolerance law

for drivers under age of 18.

On getting arrested for DUI in California for the first time (assuming there is no bodily injury or

death resulting from offence), you will have to pay fine ranging from $390 to $1000 plus penalties.

48 hours imprisonment or 90 days license restriction allowing you to drive only to and from your

work-and for work, and to and from an alcohol treatment program. This period of 90 days starts

after your DMV 4 month suspension or 30 days suspension followed by 5 months restriction. To
minimize the suspension from flat suspension of 6-10 months to 30 days( plus 5 months of

restriction), you are required to complete three months alcohol training program (nine months if

your BAC was of or more than .20%). Maximum punishment for first DUI in California is 6

months in county jail, 6 months license suspension and being required to install Ignition interlock

device-IID in your vehicle. This penalty is for first arrest of DUI. It will increase with number of

arrests.

For second arrest, you will get jail for 90 days to 1 year, fine of $390 to $1000 plus penalties.

License suspension for 1 year which wont be reinstated until proof of financial responsibility and

completion of Driving under the influence program approved by state. Depending on the terms of

license suspension, you may be required IID.

For third DUI arrest in California, you will get jail for 120 days to 1 year, a fine of $390 to $1000

plus penalties. You will be considered a habitual traffic offender for 3 years following your

conviction and have your license suspended for 2 years. It will be reinstated only on proof of

financial responsibility and completion of Driving under the influence program just like in second

arrest. You can also be required to install IID. You can apply for restricted drivers license under

certain circumstances by court.

On the fourth arrest for DUI, you will get jail for 180 days to 1 year, fine of $390 to $1000 plus

penalties. You will be considered a habitual traffic offender for 3 years following your conviction

and your license will be suspended for 3 years which will be reinstated only on proof of financial

responsibility and completion of Driving under the influence program. You will have to install IID

and will be able to apply for restricted drivers license in certain circumstances by court. Not only

the penalties, once you are proved guilty, you have to go through license reinstatement installation

if IID and attending driving under the influence program. This can be mitigated only if you prepare
a good defence for your case. If someone is killed or injured during injury in DUI, the driver can go

to jail for over a year up to five years depending upon the number of times he/she has been caught

for DUI.

You have 10 days from arrest to request hearing with Driver Safety Officer of Department of Motor

Vehicles. In this hearing, you can save your driving privileges. If you are arrested for DUI in Santa

Clara County, you will be booked and held in jail until you post bail. Occasionally, defendant may

be denied bail. So, for this purpose, its beneficial to seek advice of an attorney.

This offence is more serious than most offenders think it is. No matter how strong you have planned

to plead, but for a better defence, it is best to appoint a DUI or criminal law attorney, who can

prepare case from a strong aspect to defend you against charges and help you negotiate penalties.

Source: http://ilexapp.com/criminal-law/blog/dui-arrest-in-california