DUI/DWI IN CALIFORNIA LAW Driving Under the Influence of Alcohol or Drugs. Note: DUI laws vary from county to county. Blood Alcohol Concentration ("BAC") Blood alcohol concentration ("BAC") is a measure of how much alcohol is in the driver’s blood divided by the driver’s blood volume. BAC is not an absolute number – but a percentage. For example, if the BAC is .01%, then there is 1 part alcohol for 100 parts blood in the driver’s body. The driver is legally drunk when the amount of alcohol in his or her body is at or above the legal limit. A blood test, urine test or breathalyzer can be used to find the driver’s BAC. Below are the BAC limits for California.
Procedure Initial encounter with law enforcement A police officer, who lawfully arrests a driver for a suspected DUI, can require the driver to take a "chemical test" for the purpose of determining the driver’s BAC. The combination of driving a car and then being lawfully pulled over is considered consent for the test. The officer is required to tell the driver that the driver can choose between a breath, urine or blood test. If a chosen test is not available, the driver may have to take another test. The driver does not have to consent to a breathalyzer test in the field – but the driver does have to consent to one of the available chemical tests. The driver has a right to have an attorney present during the blood, urine or breathalyzer test. Implied consent & chemical test refusal If the driver refuses to take the chemical test, the police officer is required to tell the driver that the refusal will result in a fine, a mandatory jail sentence and a mandatory suspension of the driver’s license for one year after a first offense, for two years after a second offense and for three years after a third offense within a ten year period. If the driver refuses to submit to a chemical test on more than one occasion, the officer is required to advise the driver that he or she will be disqualified from operating a commercial motor vehicle. If the driver refuses to take the test or the driver’s BAC is above the legal limit, the driver will be arrested. If the driver is found guilty, the refusal to take a chemical test can be considered by the judge for the purpose of increasing penalties otherwise incurred (example: whether probation should be granted in place of imprisonment). Evidence ("probable cause") the police require for a lawful arrest:
Navigating the System after the arrest (No-injury DUI) Administrative Procedure Vehicle Code 13577, Vehicle Code 13578. Note: It is possible for the administrative and criminal proceedings to come to opposite results. For example, the DMV administrative proceeding may not suspend the license, but the court may still find the driver guilty and then suspend his or her license.
Criminal Procedure NOTE: The criminal case is separate from the administrative case. A result from the administrative case does not affect the criminal case and vice versa (even when the administrative case ends up in court on appeal). In legal terminology, the administrative case has "no collateral estoppels effect on a subsequent criminal prosecution." The criminal case against the driver ("the defendant") is governed by generally applicable criminal procedure.
Felony DUI A DUI charge, which is generally a misdemeanor, may become a felony in the following three circumstances:
Driver’s Insurance consequences To be eligible for the restricted license or to regain the general license, the driver has to show proof of his driver’s insurance coverage. The insurance company must submit SR -22 forms to the DMV. After learning about the driver’s DUI conviction, the car insurance carrier may choose not to insure the driver or to increase the premiums. If the driver cannot find an insurance plan, he or she can go through the California Automobile Assigned Risk Plan ("CAARP"). CAARP is specially designed for individuals who are unable to find an insurer. CAARP is not an insurer, but is a service that helps the driver find driver’s insurance. When going through CAARP the driver does not have the option of choosing which insurance company he would like. Under 21 and Possession of Alcohol Drivers or passengers under 21 may not have alcohol in their cars or on their persons, unless accompanied by a parent or responsible adult designated by the parent. A driver or passenger who violated this provision is guilty of a misdemeanor and may be fined up to $1,000 and sentenced to the county jail for up to six months. If the vehicle is registered to the driver or passenger, the car may be impounded at the owner’s expense for up to 30 days. DUI & Enhanced Penalties If there is a minor passenger in the car under the age of 14, the penalty is enhanced according to how many previous DUI convictions the driver already has.
In California, while driving, it is illegal for both the driver and passengers to have open bottles of alcohol in their possession. Dram Shop Laws In California, vendors of alcoholic beverages and people who serve alcohol at social events cannot be held liable for any harm caused by the intoxicated driver, except when the vender is selling alcohol to visibly intoxicated minors or on a military base with a federal permit to visibility intoxicated customers of any age. California Resources California Traffic Safety Institute California County Specific DUI information | ||||||
|
|