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.
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!
The Most Common Crimes in California
There are some crimes that the California court system deals with more than others.
DUIs
It doesn’t seem to matter how often drivers are warned about the dangers of drinking and driving, people are still doing just that. Every single day, someone in California gets caught driving after they’ve had too much to drink.
This is a fairly simple crime to avoid. If you want to drink, either make sure you have a reliable designated driver, are prepared to call for a ride home, or give yourself plenty of time to sober up before you get behind the wheel. If none of these things are possible, either stay home and drink or stick to non-alcoholic beverages while you’re out on the town.
Drug Related Crimes
Like most states, there is a serious drug problem in California. While California is often praised for being progressive about both drug laws and drug treatments, there is no getting around the fact that drug crimes are still abundant in the state. The number of fatalities connected to drug use has been steadily climbing. In 2000 there were only 500 deaths in California were attributed to drug use. That number climbed to about 2,200 in 2019.
Drugs commonly linked to drug-related crimes in California include:
- Cocaine
- Opioids
- Meth
- Heroin
Theft
Many cases involving theft make their way through the California court system every single year. Many people don’t even realize how many different types of theft occur in the state during a year. When the average person hears about theft, they usually think about breaking and entering and shoplifting. The truth is that there are numerous different ways you can be charged with theft.
Different types of theft charges in California include:
- Breaking and Entering
- Fraud
- Car theft
- Embezzlement
- Shoplifting
- Robbery
- Petty theft
- Grand theft
Assault
It is rare for 24 hours to pass without at least one person in most of California’s cities getting charged with some type of assault. The circumstances surrounding the incident determine how serious the assault charges are. In some cases, the charge is a simple assault which is something that generally happens when a conversation gets heated and punches are thrown. Simple assault is typically a misdemeanor.
The opposite end of the scale is aggravated assault which generally involves the use of some type of weapon and someone getting seriously hurt.
What Happens if You Hurt Someone in a Drunk Driving Accident?
Driving while drunk isn’t just frowned upon in California, it’s illegal. While you’re allowed to go out and have a good time, if that good time involves drinking alcohol, you need to pay careful attention to how much you consume. As soon as your blood alcohol level reaches 0.08%, you’re no longer legally allowed to drive.
What Happens if You Get Caught Drunk Driving in California?
Don’t assume that just because you’ve never had a drunk driving offense that you have nothing to worry about the first time you’re charged with drunk driving in California. Even though it’s your first offense, it’s still going to have a massive impact on your immediate future.
First the fines. California law is written in such a way that in addition to being required to pay anywhere from $390-$1,000 in fines, you can also pay something that’s called penalty assessments.
Once you’re convicted of first-time drunk driving the judge has the option of sentencing you to jail time. This is in addition to the fines. While there’s no mandatory jail time for a first-time drunk driving conviction, the judge could decide that you need to spend 48 hours to 6 months in jail.
Plan on losing your driving privileges. As soon as you’ve been officially convicted of your first DUI, your license will be suspended for six months. If you refused to submit to a bloc alcohol concentration test, an administrative license suspension could also be enforced which would mean losing your license for a full year.
What Happens if Someone is Injured Because you Were Driving Drunk in California
There’s no way of getting around the fact that if you injure someone while you’re driving drunk, you’ll face far more serious consequences for your actions than if you’re simply pulled over. How severe those additional consequences depends on several different factors including:
- If you have a previous history of DUI
- How severely injured the victim is
- Additional circumstances surrounding the incident
In California, DUIs that involve injuries are treated as wobblers, meaning they can be handled as either a misdemeanor or a felony. If the circumstances surrounding the incident indicate that your case is a felony, you could be sentenced to up to four years in prison and be required to pay a maximum fine of $5,000.
In addition to facing criminal charges, you’ll also likely be named the defendant in a civil case. During the civil case, your victim will seek financial compensation for both their medical expenses and their emotional/physical pain and suffering.
Considering the negative impact a DUI has on your life, it’s in your best interest to always have a designated driver whenever you go out and drink.
Wet and Reckless in California
If you’ve never heard of a wet and reckless charge in California, you’re not alone. Very few people are aware of them. Most of the people who do know about wet reckless driving offenses are lawyers who specialize in DUI cases.
What is a Wet Reckless Driving Charge in California
A patrol officer won’t write a wet reckless ticket. The only way you’ll ever get such a thing is if you’ve been arrested for a DUI in California and your lawyer can talk it down to a wet reckless charge. The fact that it’s not a traditional driving violation is the reason so few people have even heard of wet reckless driving.
A wet reckless charge is a plea agreement the California lawyers use in drunk driving cases. They usually only apply the first time a person is involved in a DUI. The biggest difference between a wet reckless charge and a traditional DUI conviction is that the consequences connected to a wet reckless charge are milder than those attached to a DUI. In many cases, people find that having a wet reckless charge on their file doesn’t create as many problems when employers run a background check.
In the past, some lawyers haven’t been fans of wet reckless charges, but changes made in 2021 have altered their stance.
How a Wet Reckless Compares to a DUI
If you’re able to plea a DUI down to a wet reckless in California, there is no automatic suspension of your driver’s license, though there is an exception. If the DMV learns that your wet reckless charge resulted from a BAC of 0..08% they can still suspend your license, though the suspension might not last as long. It’s also important to understand that the charge will result in two points being added to your driving record.
A wet reckless charge doesn’t involve mandatory jail time. If the judge does sentence you to jail, the maximum amount of time you would serve is 90-days.
You’ll probably still be required to take a few DUI classes, but it’s normally far fewer than you’d have to take if you were charged with a formal DUI.
While there is still a probationary period connected to a wet reckless conviction, it’s significantly shorter. The probation for a wet reckless is generally one to two years, whereas for a DUI it’s three to five years long. This can have a huge impact on your life if you plan on moving out of state or doing much traveling.
Wet and reckless charges aren’t applicable in every single DUI situation. You’ll have to consult with a highly experienced DUI attorney to determine if this is the route you should take following a DUI arrest.
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.