California DUI Laws, Drunk Driving Law In CA

There are many types of laws to punish the plethora of offences which are committed everywhere in the world. Every country tries to protect the legal and human rights of their citizens by enacting various legislations and rules, thereby prescribing punishments for the offences committed by offenders.

California is one of those countries in which the DUI (Driving under Influence) Laws falls under those special offences from which it is very tough for the person to extricate himself.

Once a person is charged for the offences under the first offense Dui law in CA, there is very minimal possibility for him to reduce his punishments which are very harsh and rigorous in California, thus, it leaves a very prominent mark on the character profile of the person. Second offense DUI LAW CA is more severe and should be respected and adhered to at all cost.

California Vehicle Code 23152

A complete Code has also been enacted under these above stated laws, namely the California Vehicle Code 23152. If a person gets arrested while Driving Under Influence in California, he will be charged with two different misdemeanor offences:

  1. Driving under influence of alcohol/drugs, under California Vehicle Code 23152 (a) VC, and
  2. Driving with a blood alcohol content of 0.08% or greater, which is violation of California dui limit pursuant to California Vehicle Code 23152 (b) VC.

The law provides for various methods to investigate an alleged offender of Driving Under any influence such as the BAC test, Sobriety test, etc. It was in 1990’s; the Blood Alcohol Concentration (BAC) was reduced to 0.08% in California under the DUI Laws and through this California became the Fourth State to introduce such a low BAC limit.

New DUI Laws in California

This New Year, California came up with new laws which came into effect from January 2012 vide the Assembly Bill 1601. The new Bill have further made the DUI laws rigid for the repeat offenders by prescribing powers to the Sentencing Courts of revoking a repeat DUI Offenders’ Driving License for a period of 10 years and this law applies on any person who has been convicted of DUI for a 3rd or subsequent time.

Dui Penalties Law in California includes – Fine, Jail Time, Licence suspension, DUI School

The California DUI Laws prescribes for the following punishments:

First Offence Second Offence Third Offence
Jail 4 Days- 6 Months 10 Days- 1 Year 120 Days – 1 Year
Fine and Penalties $ 1,400- $ 2,600 $ 1,800- $ 2,800 $ 1,800- $ 18,000
License Suspension 30 Days- 10 Months 2 Years(which can be reduced to 1 Year) 3 Years

 
Further, a new concept was also introduced by the California Legislature in the DUI regard, in other words, the concept of the Driving under Influence (DUI) School came into being. Wherein, whosoever gets convicted of a wet reckless or DUI in California must get himself enrolled in a DUI School for 21 days of his Sentence as a compulsive step towards curbing this menace.

Felony DUI California

Driving under the influence of alcohol or drugs in California is not an acceptable crime and is one of the misdemeanor offences. If you are lucky enough, not getting any “aggravating factors”, you will be charged with ‘simple DUI’ while facing your First Offences under the DUI laws.

DUI statute of limitations California and the other major provisions provide that a simple crime under DUI will fall within ‘Felony DUI’ offence in a plethora of circumstances, which are as follows:

a. If a person DUI has caused any injury or death to any other person- if a person injures or kills another while driving negligently, he will be charged with ‘Felony DUI’ under 3 different ways:
First, under California Vehicle Code 23513 VC: Driving under influence causing injury.
Second, with DUI Vehicular Manslaughter, or
Third, with DUI IInd- Degree Murder

b. If you have been charged with 3 or more prior DUI’s or have been convicted for ‘wet recklessness’ within a period of 10 years, or

c. If you have been already convicted under ‘Felony DUI’ once.

With San Diego DUI, the State of California has showcased that any amount of recklessness will not be tolerated with soft damages rather with harsh punishments, thus, requiring the services of a competent advocate has been made a necessity.