The Lasting Consequences of a DUI | California Laws
It’s likely that you already know that the first time you’re convicted of a DUI in California, you will lose your driving privileges for a period of time, be required to pay some hefty fines and have to take some substance abuse classes.
What you may not have considered is the long-term impact that a single DUI will have on your life.
The first thing you need to consider is how your employability will change following your DUI. The biggest challenge comes right after you’ve been sentenced and have your driving privileges revoked. How are you going to get to work? How will you get home? If you’re unable to make the commute to your current job because you are no longer able to drive, will your employer give you a leave of absence and allow you to return to work once your driving privileges are reinstated, or are you going to have to look for another job?
The DUI conviction could also impact your ability to get another job. Some employers specifically ask if you have a criminal conviction on your record when you apply. Whether you have to disclose your DUI depends on how the question is worded. If they are only asking about felony charges, you can avoid mentioning the conviction. However, if they ask about any criminal offenses, including misdemeanors, it’s in your best interest to mention the DUI. This protects you if the potential employer runs a background check that turns up the DUI conviction. At least they won’t think you’re dishonest.
Be prepared for the DUI to play a painful role in your budgeting for a long time to come. Not only will you have to deal with the court fines connected to the conviction, but it’s also going to have a seriously negative impact on your car insurance. Many insurance companies will drop you after you’ve been convicted of a DUI. Even if your insurance company does decide to keep you on as a customer, you should be prepared for your premiums to skyrocket and for them to stay high for a very long time.
The first time you’re convicted of a DUI in California, you’re potential sentence could include a six-month suspension of your driver’s license, a $390-1000 fine, DUI school, and up to six months in a county jail.
4 Things Police Look for When Searching for Drunk Drivers
Most of us have been there at least once in our lives. Even though we were perfectly sober at the time, the police pulled us over for a seemingly silly reason. The reason the police do this is that they have been trained to recognize these relatively minor driving issues as signs that the driver is impaired.
Driving At a Certain Time
It might not be fair, but there are certain times when you’re more likely to be pulled over for a suspected DUI than others. The most common time is between 2 and 3 in the morning. This is when the bars close and people are driving home. Not only are there fewer cars on the road which increases the likelihood of you catching a patrol officer’s eye, but most people who are on the road at that time of the night are leaving a bar or club. This is why so many bartenders are pulled over after they’ve left work.
Driving too Slowly
Weirdly enough, driving too slowly is one of the best ways to be pulled over for a suspected DUI. While there are a few different reasons people will drive slowly, DUI is the most common one. While every person is different, most people who are inebriated drive slowly because their reflexes aren’t as sharp as normal and they’re overcompensating and being overly careful. Not only will the extremely slow driving catch the eye of a passing patrol officer, but your slow driving can also be a road hazard.
Erratic Acceleration and Deacceleration
If you’re rapidly accelerating and deaccelerating for no apparent reason, you shouldn’t be surprised when you spot red and blue lights in your rearview mirror. The inability to gauge how heavily you’re pressing down on the brake and gas pedal are early indicators of inebriation.
Swerving
Swerving in and out of your lane isn’t just a sign of a potential DUI, it’s also dangerous. When you’re drunk, the swerving indicates that you’re having a difficult time staying focused, that you’re not in full control of your motor skills, and that there’s a serious risk of you getting into a serious accident.
Even if you haven’t been drinking, if a cop spots you swerving all over the road, there’s a good chance that in addition to issuing a sobriety test, they’ll also give you a ticket for erratic or reckless driving.
Patrol officers are extremely good at spotting individuals who are DUI and will not hesitate to pull you over and issue an immediate sobriety test. The best way to prevent this from happening is to make sure you always have an alternate way to get home, such as a designated driver or a ride-share pickup, when you’re going out for drinks.
When Does California Permanently Revoke a Driver’s License for DUI?
It’s no secret that if you’re caught driving while under the influence of an illegal amount of drugs or alcohol in California, you’ll not only be arrested and fined but you’ll also be convicted of a misdemeanor and have your driver’s license suspended. In most cases, the hassle of losing their driver’s license and finding alternative means of travel is the worst part of having a DUI conviction. Even for a few months, not being able to drive convinces most drivers to be mindful of how much they imbibe before sliding behind the wheel.
While most people learn their lesson after a single DUI, there are always exceptions. Unfortunately, for one reason or another, some drivers make the same mistake a second time. At this point, many panic about the long-term impact the second conviction will have on their driving privileges and start worrying about just how many DUIs they can have on their record before they permanently lose their California driving privileges.
Anyone who has passed their 21st birthday and is pulled over for suspicion of DUI and has a blood alcohol content (BAC) that is 008% or more will have their driving privileges revoked. The first time this happens, your driver’s license will be suspended for four months. Each time after that initial charge during a ten-year period, the suspension will last a full year.
The situation goes from bad to worse if you refuse to take a BAC or breath test when you’re pulled over by a patrol officer. In this situation, your driver’s license suspension will last for an entire year following your first DUI experience. If this is the second time you’ve been arrested for a DUI offense and refused the test, you’ll be suspended for two full years. The third and subsequent time this happens, your driver’s license will be suspended for a full three years.
Suppose you’re charged with a DUI while you’re currently on probation for a DUI offense. In that case, your driver’s license will be suspended for an additional year in addition to the traditional suspension period. You will also face the serious legal consequences of driving on a suspended license and probably some other traffic violations as well.
The best way to ensure you don’t lose your driving privileges is to be smart and always have a designated driver or ride-share plan when you go out for a night of fun and drinking.
The Most Common Crimes That Occur During the Holidays
Most of us associate the holidays with happiness, family, and love. While many of us focus on the good things during the holiday season, police departments throughout the United States will quickly tell you that crime doesn’t stop during the holidays.
What members of law enforcement have noticed is that certain types of crimes seem to take place during the Christmas season.
DUI
Police expect that most of the arrests they make during the holidays will be related to DUIs. More people make the bad decision to drive after they have been drinking during the holidays than most other times of the year. There are several reasons this happens including:
- People drink more than they realize during holiday parties
- Some people realize how lonely they are during the holidays and drink to make themselves feel a little better
- Teens have more time on their hands after school lets out for the holidays, giving them more time to party and drink
Before you go out to a holiday party or to a bar to meet up with friends, take time to figure out how you’ll get home. If there is even a chance that you’ll have a few drinks, it’s in your best interest to arrange things so that you’re not even tempted to drive.
Shoplifting
Shoplifting crimes happen all year long, but they seem to be especially common during the holidays. Part of this could be attributed to the fact that there are more shoppers in the store. It could be that because employees are so busy during the holiday season, people who wouldn’t normally shoplift spot an opportunity and decide to take advantage of it. Or it could be that some people would like to purchase a nice gift for their loved ones but don’t have the money and are unable to resist the impulse to take the items that have caught their eye.
Fraud and Scams
The sad reality is that the holidays bring about more fraud and scam crimes than other times of the year. One of the reasons fraud and scam crimes are so prevalent during the holiday season could stem from the fact that people are busy, so they don’t pay as much attention to what is being said as they normally would. Loneliness, which is often felt more during the holidays, could be another reason so many people fall victim to fraud and other types of scams during the holidays.
While you want to enjoy the current holiday season, you also have to be vigilant and take steps to protect yourself against crime this holiday season.
What is the difference Between Driving Under the Influence of Drugs and Driving Under the Influence of Alcohol?
In California, driving under the influence means driving while under the influence of either alcohol or drugs. Many people often wonder if there is a difference between driving while under the influence of drugs or alcohol.
In terms of the charges connected strictly to your driving, there’s not much of a difference if you’re under the influence of alcohol or drugs. You will face some serious fines, probably be ordered to get some counseling, lose your driving privileges, and possibly spend some time in jail.
What is different is that if you’re caught driving under the influence of drugs, you’ll not only face the same charges connected to driving under the influence, but you’ll also face any charges that are connected to the use of the drugs you have in your system. A perfect example of this is a person who is caught driving while under the influence of prescription drugs that they don’t have a legal prescription for. They will also face charges for not having a prescription, illicit drug use, and possibly additional charges.
The other issue to consider is that some prescription medications interact badly with alcohol. If you mix the two, you could be charged with a DUI if they react strongly with one another.
Driving Drunk On Halloween in California
It’s Halloween which means Halloween parties. The high volume of parties means that the police will be out and they will be specifically looking for drivers who are under the influence and behind the wheel. If you are caught driving drunk on Halloween, the consequences will be severe.
Getting pulled over for drunk driving on Halloween in California isn’t the same as being pulled over for speeding. You won’t be let off with a warning. You won’t be issued a simple citation. If the officer suspects you were drinking, the first thing they will do is a breathalyzer test. This is a humbling experience. Don’t assume that even though you’re only close the legal limit (0.08% BAC) that you’ll be free to go. If you’re close, the officer will arrange to have another test done because it can take a little while for the alcohol to really hit your system.
The second thing that will happen is your arrested. While the Halloween party you just left was likely fun spooky, jail is spooky for real. After answering a series of questions, you’ll be fingerprinted and photographed before being put in a jail cell. Don’t assume you can skip any step. In California, you won’t be released to your family until you’ve sobered up. Depending on how drunk you were when you were pulled over and how recently you had your last drink, you could be in the cell for several hours.
The horror doesn’t end after Halloween. Once you’ve sobered up, you’ll realize just how much your life is about to change. Getting arrested was simply the first step. When you decide to drive drunk on Halloween in California, you’ll be charged with a misdemeanor, which will be on your permanent police file.
If your drunk driving on Halloween is the first time you’ve ever been convicted of drunk driving, the maximum amount of time you could be sentenced to jail is six months, and that is only part of what the sentence could be. The judge can also order you to pay a fine of $390-$1,000 dollars (plus additional court costs). You can also have your driving privileges revoked for at as long as a one year.
Avoiding a charge of drunk driving on Halloween in California isn’t difficult. You can either make sure you have a designated driver (or arrange for a ride share/taxi) or you can celebrate the holiday without drinking.
Stay safe and make smart choices this Halloween!
Are DUI Sobriety Checkpoints Legal in California?
No one likes DUI checkpoints. Not only do they make many of us nervous, even when we haven’t been drinking. There’s just something about getting caught in a checkpoint and seeing a police officer walking towards us that tends to activate a guilt complex, they also drastically extend the length of time it takes you to get from Point A to Point B.
As irritated as you might be that you were caught at a DUI checkpoint, you shouldn’t expect the state to stop using them anytime soon. The purpose of the checkpoints is to reduce the annual number of deaths and injuries that are the direct result of drunk driving incidents. As long as the checkpoints continue to catch drunk drivers, they will remain an issue you’ll have to deal with when driving in California.
Many people have protested that DUI checkpoints are illegal, that they’re a form of entrapment. The issue has even made it all the way to both the California and Federal Supreme Courts, who ruled that the checkpoints were legal. There are some rules that they must follow when the highway patrol sets up a California DUI checkpoint. These rules include:
- Arranging things so only the supervising officers are in charge of operational decisions;
- Establishing a completely neutral criteria for drawing motorists into the checkpoint.
- Making sure the checkpoint is set up in a location where the supervising officers can reasonably expect drunk drivers to pass-through
- The checkpoint is safe and all safety protocol is being followed
- The is sufficient evidence that the checkpoint will catch some drunk drivers
- That the checkpoint is organized in such a way that each person is detained for as short a period of time as possible
- Roadblocks are used to publicly announce the presence of DUI checkpoint
If you’ve never been caught at a California DUI checkpoint, it can be a bit overwhelming. The good news is that the checkpoint should be set up in such a way that it’s easy for you to grasp what you’re supposed to do.
When set up correctly, roadblocks are used so that vehicles slowly merge together before coming to a complete stop. One of the officers will approach your car and request the same material that they ask for during a routine traffic stop: driver’s license, proof of insurance, registration. What is a little different is that the officer will be intent on your behavior and will likely spend a little time chatting with you. They really aren’t interested in what you have to say, but rather how you say it and your overall behavior. They’re using the few moments of conversation to decide if you’ve been drinking.
Indicators the officer uses to decide if they should do a full sobriety test include:
- Fumbling
- The smell of alcohol
- Lack of focus
- Slurred speech
- Watery eyes
- Jittery behavior
- Shaking hands
The other thing the officer will do is a quick scan of the interior of your car. They’re looking for things like open containers, drug paraphernalia, and other signs that you were drinking (or consuming drugs) before and/or while you’re driving. The entire experience usually lasts about 30 seconds.
As a rule, the officers usually ignore passengers while they’re questioning the driver. This could change if the passenger acts like they are intoxicated. During a checkpoint, the officers do have the right to question anyone who is in the car, if they feel that the passenger represents a safety hazard to themselves, or the driver, the officer will have to decide how they should proceed. If there’s evidence that the passenger is under the influence of illegal drugs, they may decide to arrest the passenger. If you’re the passenger during a DUI checkpoint, it’s in your best interest to stay quiet.
Boating While Under the Influence in California
Everyone knows about the dangers and legal consequences of driving while under the influence, but we have a tendency to get lax when it comes to other situations. For example, while most of us would never dream of getting behind the wheel of our car after we’ve had a few beers, we have no hesitation when it comes to steering a boat as we drink.
One of the reasons we don’t give boating under the influence a second thought is because very little is ever said about the legal repercussions of doing so. The truth is, that if you’re caught driving a boat while intoxicated, your immediate future could be ruined.
The issue of boating under the influence in California is dealt discussed in Harbors & Navigation Code 655. The law states that:
(b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.
(c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.
(d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.
(e) No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug. This subdivision does not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.
Getting caught boating under the influence isn’t a joke. You will be charged and face legal consequences. The exact consequences will depend on if it’s your first offense and exactly which aspect of Harbors & Navigation Code 655 was violated.
In most situations, boating under the influence in California is a misdemeanor offense. The maximum sentence for a first-time offense is six months to one year in jail and/or a potential fine of up to $1,000. It’s also possible that the judge will include substance abuse counseling and community service into the sentence.
In the right circumstances, a boating under the influence charge can become a felony offense. This usually happens if your actions resulted in someone getting hurt or if you caused a boating accident that created substantial property damage. If convicted of felony boating under the influence in California, your sentence could include 16 months to three years in jail.
The best way to make sure you don’t have to deal with the hassle of a boating under the influence charge in California is making sure that a designated captain who agrees to not to drink is the only person who piolet the boat.
Your boating adventures should be handled the same way you handle nights out with friends.
Will Your California Driver’s License Automatically Be Suspended After a DUI?
Getting a DUI is a traumatic event. One of the hardest things is that it impacts your life for a long time. For most people, the biggest challenge is losing their driving privileges. Many people assume that as soon as they’re convicted of a DUI they will lose their license for several months, but that’s no longer the case. Traditionally, a first-time DUI conviction resulted in a 6-10 month license suspension.
Yes, many people in California do have their license suspended following a DUI arrest, but some don’t realize that there is another option.
Few people know that it’s the California DMV, not the sitting judge, who determines what your driving privileges are following a DUI. Many people are surprised to learn that there will also be a DUI hearing that’s conducted by the DMV and it is during this hearing that post-DUI driving privileges are discussed.
The purpose of the DUI hearing is to decide what should be done with your driver’s license. One of the interesting things about current DUI DMV hearings is that the panel doesn’t always instantly order a license suspension. Starting in 2019, the DMV ruled that some drivers who were dealing with their first DUI charge would be allowed to continue driving, with restrictions, provided they were willing to have an ignition interlock device fitted to their vehicle. The reason for this decision is so that the person doesn’t have to worry about losing their job because they can’t get to work without a license. The other advantage of not automatically suspending a license was that it enabled parents to continue transporting their children to school and other activities. Currently, the DMV installs the IID on cars for about four months in first-time DUI cases. Second/third-time offenders will usually have to deal with the IID for one to two years.
To ask for the IID rather than a full license suspension, you have to contact the DMV and request a hearing. This request has to be placed within 10 days of your DUI arrest. Failing to do so will result in the automatic suspension of your license.
If you miss the 10-day window, the DMV will suspend your license and let you know how long the suspension will be in place.
The process of getting your license reinstated will involve:
- Completing California’s DUI school
- Providing the DMV with an SR-22 Insurance form
- Paying a $125 reinstatement fee
All things considered, it really is in your best interest to contact the DMV shortly after you’ve been arrested for a DUI and booking a formal hearing.
You’ve Been Arrested for DUI… Again
Getting arrested and charged for DUI once in California is terrifying and life-altering. The second time you’re arrested for the same thing is even worse.
Like many states, California lawmakers have decided that to take a hard stance on drunk drivers. One of the ways they’ve done this is by creating laws that make a second (and each additional offense) significantly worse than the first. The reason for this is because while a single DUI could be the result of a bad judgment and an honest mistake, additional arrests indicate that you have a habit of driving while under the influence and a menace to society.
DUIs are addressed in California Vehicle Code Section 23152. The second time you’re convicted of a DUI in California, the result will include losing your ability to drive, fines, mandatory enrollment in substance abuse programs, and jail time.
When you’re convicted of a second DUI in California, you will be required to spend at least 96 hours in the county jail. That’s the minimum amount of jail time connected to a second DUI. The maximum amount of time you can serve is 12 months.
You should expect to pay a higher fine than you did for the first offense. Typically, the fine for a second DUI is between $390 and $1,000, but that might not be all you’ll have to pay. Most courts add penalty assessments to the DUI fine. These assessments can multiply the fine to five times the anticipated amount. In some situations, the judge will allow you to choose to extend the amount of time you serve in jail or do a great deal of community service in exchange for paying the fine.
Since January 1, 2019, a guilty conviction of a second DUI in California requires that the judge order an ignition interlock device be attached to your vehicle. This only happens if the two convictions are less than 10 years apart.
The second DUI means you’ll lose your driving privileges. The good news is that the loss of your license probably won’t be permanent. In California, the current license suspension for a second DUI is a 1-year suspension (administrative per se) or a 2-year suspension if you are convicted.
It’s worth noting that in some situations, the judge will grant you a restricted license. This doesn’t mean you’ll be allowed to drive wherever you want. By if you’re able to present a compelling case to the judge, they’ll allow you to drive to work and to manage things like transporting your children. If you’re caught driving to places that aren’t specified in the paperwork connected to your suspended license or you’re driving at a time when you’re not supposed to, the restricted driving privileges will be taken away.
The only way you’ll be granted a restricted license is if you didn’t refuse to take a blood or urine test when you were originally arrested for the second DUI.
In addition to dealing with the actual criminal consequences of a second DUI, if you damaged property or injured/killed someone while driving drunk, it’s likely you’ll also find yourself engaged in a civil case as well.
The best way to avoid all of these consequences is making sure you never get behind the wheel after you’ve been drinking or using drugs.
The Long-Lasting Consequences of Drunk Driving in California
Like all other states, California has taken a hard stance on drunk driving. It isn’t tolerated. If you’re caught behind the wheel after having just a little too much to drink, you’ll face steep consequences that will have a major impact on the overall quality of your life.
California’s Legal Limit
California has different legal limits for different types of drivers. For the average, adult driver in California, anything over a blood alcohol count (BAC) of 0.08% is considered too high to legally drive. Drivers who haven’t reached their 21st birthday, anything over 0.05% is considered a DUI. Commercial drivers as well as drivers who are involved with a ride-share program aren’t allowed to get behind the wheel if their BAC is above 0.04%
If you are pulled over and the officer believes you’ve been drinking, they’ll likely administer a breath test that measures your BAC. If the BAC is considered close, but not quite at the legal limit, it’s likely you’ll still be arrested. The reason for this is because it can take a little time for the true BAC to be accurate. You’ll receive a second test at the jail. By this point, the BAC level will be accurate. If it’s above the legal limit, the officer will go through with the arrest. Both of the BAC tests are admissible in court. In many cases, the first test is a breath test and the second test is taken via a blood draw.
Penalties of Driving Drunk in California
California lawmakers aren’t playing around when it comes to drunk drivers. The penalties are steep and were designed to scare people into only getting behind the wheel while they’re sober. The penalties become more severe each time you’re charged with a DUI.
First Offense
The first time you’re caught driving while under the influence, the maximum amount of time you can spend in county jail is six months. You’ll also be charged fines that will range from $390-$1,000. Your license will be suspended and you won’t be able to drive for up to six months. Your ignition can be locked for 6 months to one full year, and you’ll only be allowed to drive on a restricted license during that time.
Second Offense
The second DUI charge means a minimum of 92 hours and a maximum of 1 full year in a county jail. The court can charge you fines that range from $390-$1,000. You can lose your license for a full two years, making it difficult to work, especially if you live in a rural area. After you get a restricted license, the court can limit your driving with an ignition lock that will remain on your vehicle for up to one year.
Third Offense
The third time you’re found guilty of DUI charges, you’ll be sentenced to as little as 120 days or as long as one year in jail. You’ll get charged at least $1,800 in fines. You’ll also lose your license for 3 years and potentially have an ignition lock installed on your vehicle for an additional 2 years.
California lawmakers have arranged things so that each DUI conviction remains on your record for a full 10 years.
In addition to actual DUI penalties, if you were in an accident while driving drunk, you will also face any charges that were incurred during the accident. This can include minor traffic offenses or vehicular manslaughter.
Medications Can Mess up Your Life
There are several medications that can play havoc on your body when you mix them with alcohol. The problem with many medications, even some over-the-counter allergy medications is that they alter the way your body absorbs alcohol. This means that if you go to the bar and have your normal amount of alcohol, and the amount that in most cases allows you to legally drive home, the medication could have created a significantly higher blood alcohol level and you’ll be arrested for DUI. Several people have had their lives destroyed because they didn’t realize how badly the medication and alcohol would react.
If you’re on medication, it’s in your best interest to not get behind the wheel if you have accidentally mixed the alcohol and the medication. Call a friend, get a room, hire a taxi. Do anything other than getting in your car.