California DUI Laws and Penalties

If you are facing a California DUI charge, you may have a lot of questions about California DUI laws and penalties. You may be worried about the stigma associated with a DUI or how it might impact your future. A DUI charge can be complicated, and you may need a skilled attorney with experience successfully handling cases like yours. If you’re facing California DUI charges, connect with an experienced attorney to protect your rights.

Drivers in California face significant consequences for DUI offenses. In 2024, the state of California made important changes to its DUI laws and penalties.

Relevant California DUI Laws

In California, driving under the influence (DUI) laws apply to alcohol and drugs. It is illegal to drive under the influence of alcohol or a drug that affects your capacity to safely drive a vehicle. California law does not differentiate between illegal drugs and medications you get from a doctor or pharmacy since they all can impact your ability to safely operate a vehicle.

In California, you can be charged with a DUI if you’re driving on public or private property. No matter your age, it is illegal in California to drive after:

• Overindulging in alcohol in any form, including medications like over-the-counter cough syrup
• Taking a drug that affects your ability to drive, such as prescription or over-the-counter medication
• Using a combination of alcohol and drugs

When you drive in California, it is presumed that you have consented to a urine, blood, or breath test if suspected by law enforcement of driving under the influence. If you refuse to take the test, the California DMV will likely suspend or revoke your driving privileges.

Potential Penalties for a California DUI Conviction

In California, the penalties for a DUI can be serious. Potential penalties can include:

• Fines and license suspension
• Prison sentence for more severe incidents
• A permanent mark on your criminal record
• Increased insurance rates
• Issues getting certain types of jobs
• Restrictions on travel

Various details can influence the penalties for a DUI, including the driver’s blood alcohol content level, any prior history of DUIs, and any resulting injuries to others.

A knowledgeable criminal defense attorney can help defend against a DUI charge, further discuss the negative impacts a conviction could have on your life, and help avoid unfavorable outcomes.

Possible Defense Strategies to Explore for a California DUI

A criminal defense lawyer can examine the details of your case and determine a defense strategy that may work for your defense. Potential defense strategies could include:

• Challenging the results or accuracy of a Blood Alcohol Test
• Questioning the chain of custody (how responding police officers handled evidence)
• Challenging the legality of the traffic stop (whether you were pulled over without cause)
• Arguing that you were not actually driving the vehicle before the interaction with law enforcement
• Proving that your Miranda rights were violated

These defense strategies might be applicable to your situation; however, there are several other defenses you can discuss with your lawyer during an initial consultation. In our experience, a sharp attorney can help achieve positive case results and potentially avoid conviction altogether for a DUI in California.

Your attorney can inform you of any implications of a particular course of action, as well as the benefits and risks of all potential defenses in a DUI case. They can also help you understand how you may be affected when making certain decisions about a plea, even if your case seems relatively straightforward.

FAQs

Q: What Are the New DUI Laws in California?

A: In California, there are new DUI laws with stricter penalties that aim to further discourage drunk driving and reduce accidents caused by impaired drivers. The new, stricter penalties include longer license suspensions, mandatory alcohol education programs, higher fines, community service, and longer jail time for repeat offenders involved in serious accidents.

Q: What Are the Penalties for a DUI Conviction in the State of California?

A: There are many penalties for a DUI conviction in California. Non-financial costs can be devastating. The penalties for driving under the influence of drugs or alcohol in California include:

• Potential fines
• Possible jail time
• Local community service
• Other penalties if your DUI is a repeat offense, depending on how many other convictions you might have

An attorney can help identify any legal grounds to challenge a prosecutor’s DUI case against you.

Q: What Happens After Your First DUI in California?

A: Your first DUI in California can have a disastrous effect on your life. A first charge could result in a driver’s license suspension, jail time, a fine, and possible difficulty finding work in the future. A lawyer can answer your questions and defend against charges for a first-time charge or a subsequent charge. A knowledgeable attorney can build the most effective criminal defense strategy possible.

Q: What Happens After You Get a DUI Conviction in California?

A: After a DUI conviction in California, you’ll have a permanent criminal record unless you seek an expungement to erase the criminal DUI conviction. Expungement may be available following a DUI after the completion of all sentencing requirements, including probation.

You can file a petition with the court for the judge to get an expungement. If it’s granted, you’ll be allowed to withdraw the underlying plea and enter a new plea of “not guilty.” The case is then dismissed and expunged from your record.

Contact a California Defense Attorney With Experience Successfully Handling DUI Cases

We are committed to helping you defend against a DUI charge in California. When you hire Jennifer Granger, Attorney at Law, you can be assured you’ll receive experienced advocacy and compassionate guidance for your DUI case. Our DUI defense experience is unparalleled, and we can maximize all defense options available.

Consult with Jennifer Granger, Attorney at Law, as soon as you can. Our team has worked on cases just like yours for many years, and we understand how overwhelming it can feel to face these serious charges. Contact us right away if you have questions or need a case evaluation.