What is a DUI?

In California, DUI stands for Driving Under the Influence. It refers to the offense of operating a motor vehicle while under the influence of alcohol and/or drugs to the extent that it impairs the driver's ability to safely operate the vehicle. You can be arrested and charged for a DUI due to BAC content or circumstantial evidence that show impaired driving. 

1. Criminal Consequences: Conviction for a DUI offense can result in various criminal penalties, including fines, probation, community service, mandatory attendance at DUI education programs, and even incarceration, especially for repeat offenders or cases involving aggravating factors such as injury or property damage. These consequences are determined by the court system and can have long-lasting effects on an individual's criminal record and future opportunities.
2. Driver's License Consequences: In addition to facing criminal charges, individuals arrested for DUI in California also face administrative consequences related to their driver's license. Upon arrest for DUI, the arresting officer typically confiscates the individual's driver's license and issues a temporary license. This may trigger a license suspension through the California Department of Motor Vehicles (DMV) to determine whether the individual's driving privileges should be suspended. 

DUI Vehicle Code Statute(s)

1. Vehicle Code 23152(a): This section states that it is unlawful for any person who is under the influence of alcohol and/or drugs to drive a vehicle. Being "under the influence" means that the person's physical or mental abilities are impaired to the extent that they are no longer able to drive with the caution characteristic of a sober person under similar circumstances.
2. Vehicle Code 23152(b): This section makes it unlawful for any person who has a blood alcohol concentration (BAC) of 0.08% or higher to drive a vehicle. It establishes a per se standard, meaning that if a driver's BAC is at or above 0.08%, they are considered to be driving under the influence regardless of whether their driving ability is actually impaired.

Both Vehicle Code sections 23152(a) and 23152(b) are commonly charged in DUI cases in California. The prosecution may choose to pursue charges under one or both subsections depending on the circumstances of the case, such as whether there was evidence of impairment in addition to a high BAC. If convicted of either offense, the penalties can include fines, license suspension, mandatory alcohol education programs, and in some cases, jail time.

DUI and the DMV

A DUI conviction in California can have significant impacts on your driver's license, including potential suspension or revocation, mandatory participation in DUI programs, and the requirement for an ignition interlock device (IID). Here's a breakdown of the potential consequences for your California driver's license:

1. Administrative License Suspension (APS): Upon arrest for DUI, the arresting officer may confiscate your driver's license and issue a temporary license. If you fail or refuse a chemical test (such as a breathalyzer or blood test), the California Department of Motor Vehicles (DMV) will automatically impose an administrative license suspension.
2. Length of Administrative Suspension: The length of the administrative suspension depends on factors such as whether you refused testing and any prior DUI convictions. For a first offense with a BAC of 0.08% or higher, the suspension is typically four months. For subsequent offenses or refusals, the suspension can be longer.
3. Criminal Court Conviction: If you are convicted of DUI in criminal court, the court may also impose additional license-related penalties, separate from the administrative suspension imposed by the DMV.
4. License Revocation or Suspension: A DUI conviction in criminal court can result in the revocation or suspension of your driver's license. The length of the suspension or revocation depends on factors such as prior DUI convictions, the severity of the offense, and whether there was injury or property damage.
5. Mandatory DUI Programs: As part of the license reinstatement process, you may be required to complete a DUI education or treatment program. The length and type of program depend on the specifics of your case and any prior DUI history.
6. Ignition Interlock Device (IID): In some cases, particularly for repeat DUI offenders or those with high BAC levels, the court may require the installation of an IID in your vehicle as a condition of reinstating your driving privileges. An IID requires the driver to pass a breathalyzer test before the vehicle will start, serving as a deterrent against drunk driving.
7. Insurance Consequences: A DUI conviction can lead to increased insurance premiums or difficulty obtaining insurance coverage. Some insurance companies may consider DUI convictions as high-risk behavior, resulting in higher rates or even non-renewal of coverage.

It's important to note that the specific consequences for your driver's license will depend on the details of your case, including factors such as BAC level, prior DUI convictions, and any aggravating circumstances.