In August of 2005, every state – including the Golden State-had a shake up when it came to DUI laws. When a person is convicted of DUI in California, he or she can be convicted solely on the results of a chemical test. “Per se intoxication” as it is called means that the courts do not require any proof other than the person’s blood alcohol content results being over the state’s legal limit of .08%.
Cracking Down on Underage Drinking
Like every other state, California also is trying to prevent persons under the age of 21 from drinking and driving. This is known as the Zero Tolerance law. A driver under 21 with any amount of alcohol in their system (a BAC of 0.1 or more) is DUI and will face harsh penalties.
Implied Consent Law
Every state including California also has an Implied Consent law. Basically if you have a driver’s license in California, you have already impliedly consented to submitting to a chemical test (blood, breath, urine) if asked by police.
A Condition That Worsens DUI Penalties in California
If your BAC or blood alcohol content was .16% or more, this is considered an enhanced penalty. This is because your BAC was so much higher than the state’s legal limit of .08%. Enhanced penalty results in longer jail sentences, harsher fines and more severe driver’s license sanctions.
Suspension of Your Driver’s License
In California, your license will suspended for 4 months for a first-time DUI offense. A second offense results in a 2-year license suspension and a third offense results in a 3-year license suspension.
Vehicle Confiscation, Ignition Interlock and Alcohol Treatment
If it’s your third offense, your vehicle can be taken away. You can only receive your vehicle back if you pay heavy fines and administrative penalties. It’s also possible that the judge will order an ignition interlock system installed in your car at your expense. You cannot start your vehicle until the machine no longer detects alcohol on your breath. Whether it’s your first DUI offense of if you’re under 21, you automatically have to take the mandatory alcohol education and treatment/assessment courses.
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