DUI Enforcement and Penalties

6.3 🚔 Driving Under the Influence (DUI): Enforcement and Penalties.

🧾 Implied Consent

• By driving in California, you’ve agreed in advance to a chemical test (breath or blood) if lawfully arrested for DUI.
• Refusing the test triggers automatic penalties:
  • 1-year license suspension for a first refusal (regardless of whether you’re convicted).
  • Additional penalties if convicted after refusing.

➡️ Refusal is usually not advisable — your license is suspended anyway, and they can still convict using other evidence.

🚓 Traffic Stops and Investigation

• An officer may stop you for erratic driving, traffic violations, or at a DUI checkpoint.
• Investigation steps may include:
  • Questions (“Have you been drinking?”)
  • Observations (smell of alcohol, slurred speech, red eyes)
  • Field Sobriety Tests (FSTs) (walk-and-turn, eye-tracking, one-leg stand)
  • PAS (Preliminary Alcohol Screening) device — handheld roadside breath test

👮 Arrest and Chemical Testing

• If the officer suspects DUI:
  • You’ll be arrested and required to take a breath or blood test.
  • These results are key to proving your BAC level.

🛑 Administrative License Suspension (APS)

• Under California’s Admin Per Se law:
  • License is immediately confiscated after arrest if:
    • You’re over 0.08% BAC, or
    • You refuse testing
  • You’ll receive a 30-day temporary license, then:
    • 4-month suspension (if test failed), or
    • 1-year suspension (if refused)

⚖️ Criminal Penalties for DUI Conviction

First Offense (Misdemeanor DUI):

• 💵 Fines: $390 base fine + assessments = ~$1,500–$2,000
• 🚫 License Suspension: 6 months (can overlap with APS)
• 🧠 DUI School: Mandatory 3-month program
• 📅 Probation: Typically 3–5 years (informal)
• 🏛 Jail: Up to 6 months (often waived if no crash)
• 💼 Other: Community service, victim panel, work program
• 🚘 IID (Ignition Interlock Device): Often required for 6 months to drive again. It is a breath tester wired to the ignition: the engine will not start until you blow clean. California’s statewide IID programme was extended through January 1, 2033 by AB 366.

Repeat Offenses (within 10 years):

• 2nd DUI:
  • Jail: 96 hours to 1 year
  • License suspension: 2 years
  • DUI School: 18 months
• 3rd DUI:
  • Harsher penalties, 3-year revocation
• 4th DUI:
  • Can be charged as a felony

DUI Causing Injury or Death:

• Felony charges possible, even for a first offense.
• May include prison time and restitution.
• Vehicular manslaughter or murder if fatality occurs.

🧒 Under 21 (Zero Tolerance Rules)

• 0.01% BAC or more: 1-year license suspension (admin penalty)
• 0.05%+ BAC: Can face full DUI charges + mandatory DUI school
• Alcohol in car: Under 21 cannot have any alcohol in vehicle (even sealed) unless with a parent or for work

🍺 Open Container Law

• 🚫 No open containers of alcohol in passenger area
• Under 21: Even having alcohol (open or sealed) may lead to misdemeanor and license suspension

🌿 Cannabis and DUI

• Illegal to drive impaired by marijuana, even though recreational use is legal.
• Open marijuana containers or consumption in vehicle is not allowed — store in trunk.
• No smoking in the vehicle, even by passengers.

💊 Drug DUI

• Prescription meds (e.g., Xanax, opioids) count if they impair.
• Officers may call a Drug Recognition Expert (DRE).
  • Test includes eye movement, pulse, behavior, and possible blood or urine testing
• Refusal rules still apply.

🚴 DUI on Other Vehicles

• DUI laws apply to cars, motorcycles, and even bicycles (with lesser penalties for biking under the influence).

🚨 Bottom Line:

Don’t risk it. Use a:

• Designated driver
• Taxi or rideshare
• Stay where you are

DUI isn’t just a bad decision — it’s a potential tragedy and a legal nightmare.