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California Driving Under the Influence (DUI) Laws
A DUI conviction in California remains on your record for ten (10) years, for purposes of calculating repeat offense punishment levels.
Definition of Intoxication:
Under California drunk driving laws, a California DUI may be proved two different ways:
1. With evidence that your driving abilities were impaired to an appreciable degree by the influence of alcohol, legal drugs, or controlled substances, so that you were unable to drive like an ordinary person would in similar road conditions; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for drivers of any vehicle requiring a CDL, whether or not the driver actually has a CDL). It is illegal for California drivers under age 21 (or California adult drivers who are on DUI probation) to drive with ANY detectable BAC (the “Zero Tolerance” law).
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DUI in California is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. Many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
The California Zero Tolerance law makes it illegal for drivers under age 21, or adult drivers who are on DUI probation, to drive with a BAC greater than 0.01.
Summary of Illegal BAC Levels in California:
•Adult Driver - DUI with BAC of 0.08 or higher
•Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
•Under 21 Driver or Adult Driver on DUI Probation – DUI with BAC of 0.01 or higher.
Consequences of DUI Offense in California
A drunk driving conviction in California has serious consequences, and the rules for sentencing in California DUI cases are unusually complex.
While California law lays out basic punishments for the bare act of driving under the influence, other California laws provide for enhanced, or more severe, punishments where certain factors are present during the DUI, including:
- Having a BAC over 0.15;
- Speeding 20 mph over the limit on city streets or 30 mph over on the highway;
- Carrying a passenger under age 14;
- One or more prior convictions in the previous 10 years;
- Refusing to take a BAC test when requested.
How these factors are applied in your case will depend greatly on the discretion of the sentencing court, making representation by an experienced DUI attorney a necessity in California.
