Menu / Navigate
View Our Practice Areas

What are the consequences of a DUI conviction?

If you are a California driver charged with DUI, you should be aware of the serious penalties you face if you are convicted. As the California Department of Motor Vehicles explains, you are deemed by law to have consented to breath, blood and urine tests to determine your blood alcohol content. The law enforcement officer who pulls you over can require you to take a preliminary alcohol screening and/or a breath test. You have no right to request legal counsel before either test. Should your BAC be 0.08 percent or higher, he or she can arrest you, suspend your driver’s license and issue you a temporary 30-day license.

If the officer reasonably believes that you have been drinking and taking drugs, he or she can require that you to have a blood and/or urine test. Should you refuse, that refusal counts as a second suspension.

Special rules for young people

If you are under the age of 21, California requires you to submit to both a PAS and a hand-held breath test. If your PAS shows your BAC to be 0.05 percent or higher, the officer can require that you submit to a second breath test and/or a urine test. If that test verifies that your BAC is 0.05 percent or above, the officer will arrest you and suspend your license.

Penalties upon conviction

The first time you are convicted of DUI, your jail time could be as much as six months. In addition, you could have to pay a $1,000 fine and nearly $3,000 in penalties, as well as having your driver’s license suspended for six months. At the end of that period you must complete a DUI program, file an SR 22 (California Insurance Proof Certificate) and pay all the fines and penalties assessed against you.

The DUI program you will be required to complete and other penalties you may face depend on several things. For instance, a BAC of 0.15 percent or higher and a prior history of violations, or a refusal to take a chemical test could cause the court to require that you complete a DUI program lasting nine months or longer.

You could have to enroll in an enhanced DUI treatment program if your BAC was 0.20 percent or higher, and your driver’s license could be suspended for 10 months instead of six. You may have to get an ignition interlock device installed on your vehicle after your suspension period. This is general information only and is not intended to provide legal advice.

No Comments

Leave a comment
Comment Information