Frequently Asked Questions: DUI



What constitutes Driving Under the Influence (DUI) in California? 

In California, it is illegal to drive under the influence of alcohol and/or drugs or to drive with a BAC (Blood Alcohol Concentration) of 0.08% or more.

What are the penalties imposed for DUI conviction? 

A DUI conviction can carry potential penalties of incarceration ranging from days to years; probation; monetary charges, such as fines, penalties, and restitution; suspension or revocation of a California driver’s license; and mandatory treatment programs.

A first DUI offense carries penalties of: 

  • Up to six months in jail
  • Fines ranging from $390 to $1,000
  • Assessments of three times the fine imposed
  • Six-month suspension of driver’s license
  • Mandatory alcohol-awareness classes for three to nine months
  • Probation for one to five years
A second DUI offense within ten years carries penalties of: 

  • 96 hours to one year in jail
  • Fines ranging from $390 to $1,000
  • Driver’s license suspension for two years
  • Probation for one to five years
  • Mandatory alcohol-awareness classes for 18 months
A third DUI offense within ten years carries penalties of: 

  • Four months to one year in jail
  • Fines ranging from $390 to $1,000
  • Driver’s license suspension for three years
  • Probation for one to five years
  • Mandatory alcohol-awareness classes for 18 months
A fourth DUI offense within 10 years may carry penalties of:

  •  Felony Charges
  •  Iinvolve imprisonment in a state penitentiary.

Frequently Asked Questions in Los Angeles

Is it possible to get a DUI in a parking lot?

You can be charged with DUI even in a parking lot.

Can a DUI charge be challenged successfully?

Yes. DUI charges can be beaten, depending on the facts and circumstances. Blood-alcohol-concentration measurements, discrepancies and lapses in procedure, disclosure of the testing device or method, lab certification, and the authority of the personnel involved who conducted the test all can be challenged in a DUI charge.

Can my driver’s license be suspended if I refuse or fail to submit to a blood alcohol test?

Yes. If you refuse a police officer’s request to submit to or complete a chemical test to determine your blood-alcohol level, you may lose the privilege of having a driver’s license for a period of one year. Before your license is suspended, the Department of Motor Vehicles must show that the police officer who requested the test had a reasonable cause to believe that you were operating a motor vehicle in violation of the laws against driving under the influence and that you refused or failed to complete any of the requested blood alcohol content tests.

Resource Links

California Department of Transportation:
https://www.dot.ca.gov/

California Courts – Self-Help Center:
https://www.courtinfo.ca.gov/selfhelp/traffic/common.htm

California Department of Motor Vehicles:
https://www.dmv.ca.gov/

California DUI A Drunk Driving Law Guide:
https://www.california-drunkdriving.org/