California, while known for its laid back lifestyle, can be strict when it comes to DUI laws. If you are arrested for a DUI, you will have two separate cases to deal with. The first is the criminal court case where you will face penalties such as fines or probation. The other case is with the California DMV. Within 10 days of your DUI arrest, you must request a hearing with the DMV, otherwise you automatically lose your license. If you lose at the hearing, your license will be suspended for four months.
DUI Penalties
For a first offense, you most likely will not be going to jail in California. However, other serious penalties will arise from a DUI conviction. The average fine you will face is $1,300 and three years of probation. You may have to serve three to five days of community service such as picking up litter. Depending on your BAC (blood alcohol content), you will have to take First Offender School. Other penalties may include loss of job (due to your vehicle being impounded), insurance coverage problems, ignition interlock device and even limited/restricted travel.
California’s BAC and Chemical Testing
It is illegal to be driving with a BAC of .08% or higher in California. To test for this, California police will ask you to submit to either a blood, breath or urine chemical test. Blood and urine must be conducted by the appropriate personnel, with blood being the most accurate of all three. Breath tests are widely used because they are easy to conduct on scene.
Field Sobriety Tests
California officers may need a little help in determining you really are intoxicated, so they may ask you to perform the walk and turn, the one leg stand or the horizontal gaze nystagmus (HGN). The HGN test checks for any involuntary eye jerking, while the first two test for balance.
Ignition Interlock
This device may be placed in your vehicle to keep you from driving while under the influence. Your vehicle will not start until you breathe into the machine, alcohol-free.
Zero Tolerance
Any driver under 21 will be prosecuted as an adult if found to have any alcohol in his or her system.
Find an experienced DUI lawyer right in your state of California to help you win your case. It is crucial to find an attorney who specializes in this field because it is one of the most complex areas of law.