- California DUI Law.
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- 3 Ways A Minor Can Be Charged With DUI - Zero Tolerance Law.
The alcohol then passes directly into the bloodstream and is carried to other organs in your body. A small amount of alcohol is excreted to your lungs, and it is this alcohol that a PAS test detects. Unlike blood tests, breath tests cannot directly measure BAC. Instead, a breath-testing machine mathematically converts the results of the breath test to a roughly equivalent blood alcohol content. Violation of VC is not a criminal offense in California.
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After breaking this law, an underage driver faces a mandatory suspension of their driver's license. The license is suspended for one year after violating the California zero tolerance law for underage drinking and driving for the first time.
DUI Laws & Penalties FAQ
If an offender has a history of violating California's drunk driving rules, the license may be suspended for two to three years. Under the California Vehicle Code , it is unlawful for any juvenile under the age of 21 years to drive with a blood alcohol concentration of. The chemical test may be either:. It is mandatory for all drivers lawfully arrested for DUI to take a chemical test.
The post-arrest chemical test is also known as the evidentiary test, and even if a driver had previously taken a preliminary analysis, he has to take the evidentiary test. Most people prefer a breath test to a blood test as it is less invasive and faster. However, not every driver is a candidate for a breath test. Under the California law of implied consent, people who operate vehicles in California are deemed to have consented to take either a DUI blood test or DUI breath test.
Drivers are given a choice between a breath test and a blood test. However, there are some exceptions; a driver may strictly have to take a blood test if:.
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- Types of DUI Charges in California.
The law enforcement officer has a reasonable belief that the driver was driving under the influence of a drug, DUID. In the case of a drug, a blood test may be crucial. If a driver is in a medical facility where a breath testing equipment is not accessible, a blood test may be necessary. If the driver is too drunk and cannot manage to blow air into the breath testing equipment, a blood test would come in handy.
Violation of underage DUI Vehicle Code is an infraction under California law, which refers to a low-level criminal offense. Violating the Underage DUI law may not lead to imprisonment, but there are some associated penalties, which include:. Suspension of the driver's license for one year if convicted for a first time DUI offense; for repeat offenders, the suspension may be for a more extended period. For a driver who is at least 18 years of age, they may be required to attend a mandatory alcohol education program that may last for three years or longer.
As an underage driver, you may face standard adult DUI charges if the law enforcement officer proves that your ability to drive is impaired due to an intake of alcohol or drugs as outlined in VC a. Under California law, violating VC is a misdemeanor offense. If no one is injured as a result of your drunk driving, you may face the following penalties as a first time offender:. The court may require you to undertake a three month to nine-month drug or alcohol education program. The adverse effects of underage DUI conviction may go beyond fines, probation, license suspension, and alcohol education.
After a juvenile DUI conviction, other possible consequences include:. An impaired driving charge or a DUI conviction may ruin your chances of career development. It is common for employers to conduct background checks on current or existing employees. Depending on how an employer conducts a background check, they may discover your underage DUI conviction.
Bail for Driving Under the Influence in San Diego
A previous DUI conviction may ruin your reputation and hinder your career advancement. After a conviction of underage DUI, you can expect to pay much higher auto insurance premiums. After discovering your DUI conviction, your auto insurance provider may consider you a high-risk driver. The insurance provider may drop you from the policy altogether, and you would have to shop around for a new insurance provider. In addition to zero tolerance and underage DUI convictions, a young driver may face some additional standard DUI charges depending on the circumstances surrounding their DUI charges.
Other DUI charges that an underage driver may face include:. Vehicular manslaughter may arise if a young driver commits a crime of underage DUI and engages in some additional negligent behavior, and as a result, a person is killed.
If a prosecutor believes that the driver acted with gross negligence, the driver may face serious charges of gross vehicular manslaughter under intoxication PC Vehicular manslaughter is a wobbler in California, and the underage driver may face misdemeanor or felony charges. A misdemeanor may attract up to one-year imprisonment in the county jail. On the other hand, a felony may attract penalties of sixteen months, two years, or four years of jail time. If convicted of vehicular manslaughter while intoxicated, the underage driver's license is suspended. In defense against vehicular manslaughter, the offender may assert that they did not operate the vehicle while intoxicated, did not act in negligence, or if negligence was present, it did not cause the victim's death.
DMV can take an administrative action against your driving privilege after you are detained or arrested for a DUI.
The Definitive Guide to California DUI Laws and Penalties 
The court may take a separate action for the same offense. When notified of a DUI conviction by the court, DMV will take an additional action to suspend or revoke your driving privilege. Similar provisions California Harbors and Navigation Code apply when you operate any vessel, aquaplane, jet skis, water skis, or similar devices.
Medicines taken together or used with alcohol can be dangerous. Many drugs have unexpected side effects when taken with alcohol. Therefore, much of the consequences you receive are to learn better from criminal tendencies. In specific counties, such as Alameda, Los Angeles, Sacramento, and Tulare, first-time offenders must install and preserve an ignition interlock device, or IID, for five months after completion of their license suspension. Yes, jail time is possible for DUI convictions in California. In fact, you may receive a sentence with jail time for a DUI if:. This can result in anywhere between 2 years to life in prison, depending on past criminal charges.
However, jail sentences are typically lower on your first offense cases. Sentencing terms rise if you re convicted of additional DUI offenses within a year window. If these offenses are, jail sentences can also increase. You can expect increases in jail time sentencing for DUI if you:.
How Our Firm Can Help
Lawyers have the best understanding of your case and the consequences which may follow. There are around licensed DUI programs within California, all of which provide in-person classes. The amount of time and money you spend on DUI school depends entirely on your situation. The following information is an estimated cost and classes provided by Shouse California Law Group:. From the date of your DUI arrest, the district attorney has one year to file charges for a misdemeanor.
If your case involves a felony, the government is allowed three years to file charges. The logic behind this statute of limitations is that:. Furthermore, if you are charged with a DUI, it will stay on record for about a ten-year period. In some cases, DUIs are held on record for an indefinite period. It is possible in California. The practice of expungement is authorized under Penal Code Usually, people seek out this option when trying to find a job.
However, the only way to expunge a DUI off your criminal record is to do so after the case is over. Anyone who received a California misdemeanor or felony will be allowed expungement from their DUI as long as:. In order to receive an expungement, you must petition the court of your conviction. It should be noted that the main purpose for expunging DUI charges is for the sake of employment.