California USA, is in the moderate range at number 31 on the list of places with the harshest penalties in the United States for driving under the influence of alcohol. Arizona, its neighbor, being the strictest, and South Dakota being the most lenient.
Contents
- Criminal vs DMV Penalties
- Non Alcohol related California DUI offenses
- Minimum penalties for first conviction
- Minimum Penalties for a 2nd Offense
- Minimum Penalties for a 3rd Offense
- References
Moderate does not mean getting a DUI in California is without serious consequences, on the contrary, the penalties are severe. The driver, if found over the legal limit of .08 blood alcohol, will certainly be handcuffed, locked into the back seat of a Police cruiser, and taken to a lock-up facility, booked, and detained until those in charge deem the offender to be completely sober. The average time is 10 hours behind bars. If the offender is found guilty by the court, the minimum time to serve in lock-up is 2 days, of which the Judge can, at his discretion, allow one of those days to be time served because of the original roadside detention, and subsequent lock-up.
Criminal vs DMV Penalties
In California, an offender has two separate entities to deal with, each with its own penalties and hearings. The first to deal with after release from the holding cell, is the DMV (Dept. of Motor Vehicles). The drivers license that was in the offenders wallet is now the property of the DA (District Attorney), and never to be used by the offender again. When the entire affair is over the offender will have to apply for a new one.
Before being released from the holding facility, the defendant is given a 30-day temporary license. The DMV is notified, and the accused has 10 days to contact them to arrange for a DMV hearing with a H.O. (Hearing Officer), or after the 30-day period the defendant is without a license to get anywhere. The accused is notified by mail within 10 days of his hearing as to the outcome. If the accused loses the DMV hearing (which 9 out of 11 do), a restricted printed license is also in the envelope, allowing the offender to drive to and from work and, or, an alcohol treatment program for 90 days, or until disposition of the criminal case, which ever comes first. Should the criminal proceedings be continued from postponement, the DMV will honor the temporary license until the criminal proceedings are completed. If the defendant wins the DMV hearing, the victor can apply for a new California driver's license the same day.
If the accused does win the DMV hearing, there are still the criminal charges to face with the DA, and if that case is lost, the defendant's driving privileges will be determined by the Judge presiding over the criminal case. However, statistically, if a defendant wins the DMV case, the DA may eventually drop the charges to a lesser degree (such as a wet reckless charge). These negotiations for a lesser charge are almost always conducted by an attorney for the defendant, and not the defendant himself. The fees for a DUI attorney in California range from $2,000 - $6,000.00.
Non Alcohol related California DUI offenses
Some DUI arrests aren't alcohol related at all. Being under the influence of any drug that hinders your driving skills, may cause a suspect to fail a California roadside sobriety test that may lead to an arrest, and a subsequent blood or urine test at Booking. DUI means: Driving Under the Influence, and alcohol just happens to be the most popular drug of choice in California.
Mark Cantrell, a DUI defense attorney located in Riverside, California, was quoted as saying that one of the most difficult cases in his career, involved a middle aged man intoxicated on prescription drugs, and subsequently becoming the cause of the death of a cyclist. "Difficult, sad, and frustrating because the offender was so intoxicated, he just kept driving, and didn't even remember the incident".
The California Highway Patrol (CHPS) officers, as well as most sheriff and local police agencies in California, are trained to identify, and test for non alcohol related symptoms when screening detained drivers suspected of driving under the influence. A suspect may be arrested if the officer is convinced the perpetrator is under the influence of any drug (prescription or otherwise) that is impairing the driver's ability to control the vehicle. A blood, or urine test (depending on the drug being screened) at booking is given to either confirm or deny the allegation. The suspect may be detained at a holding facility until the testing laboratory's results are completed. A Judge then decides the suspect's criminal liability if any. These cases are complex and difficult for all parties involved, especially when the suspect may not have intended to break the law, and was taking his legal medication as prescribed. However, in California it is illegal to drive a motor vehicle when driving is impaired by any substance.
Minimum penalties for first conviction
Minimum Penalties for a 2nd Offense
(note: It is considered a 2nd offense if the accused is arrested for a DUI within 10 years of the 1st offense)