Drunken driving is strictly prosecuted in San Diego and may carry heavy legal implications under California law. The state enforces strict penalties for crimes committed under alcohol influence. Even first-time standard offenses may typically include jail time, license suspensions and hundreds of dollars in fines.
Driving under the influence (DUI) arrests follow specific rules and timelines. Penalties may get harsher with aggravating factors such as exceptionally high BAC levels or multiple prior convictions. Knowledge of California laws and procedures during your arrest can ensure you can protect your rights.
Your driver’s license status
A DUI arrest triggers a ten-day clock that you need to address to preserve your driving privileges. The California Department of Motor Vehicles revokes or suspends the licenses of any person arrested for driving while intoxicated. If you are 21 years or older and arrested for a first-time DUI, you will typically receive a 4-month license suspension.
You have the right to request an Administrative Per Se (APS) hearing in California. The APS hearing does not determine criminal guilt, but whether your arrest was lawful and if your BAC was at or above the legal limit. If ruled in your favor, the DMV will reinstate your driver’s license.
During your arrest, an officer may confiscate your driver’s license. If the court finds you guilty of a DUI, that conviction will trigger a separate court-ordered license suspension that you must resolve to have your license fully reinstated.
Jail time and fines
A first-time DUI offense can carry up to 6 months in jail, but many offenders serve probation instead. Depending on your case, a judge may decide to grant you leniency. Aggravating factors can increase the likelihood and length of jail time.
Most drunken driving offenders face a misdemeanor charge. Your first driving while intoxicated offense may carry up to $1000 of fines, plus other legal fees and assessments. The more offenses you commit within ten years, the more severe your charge. You may face a felony charge by your fourth offense (or earlier with aggravating factors).
Records and longer term consequences
Convictions carry a heavier burden on you as a driver. If a court convicts you of drunk driving, you may lose your driving privileges for 6-10 months. The court may also further order you to install an Ignition Interlock Device (IID) on your vehicle. You may need to enroll in a DUI program to reinstate driving privileges.
Convictions of driving under the influence stay on your record for a long time. The DMV keeps your DUI convictions on your driving record for ten years from the date of your arrest. Meanwhile, it stays on your criminal record permanently unless you can petition for its expungement.
Your actions in the immediate aftermath of your arrest may have long-term consequences. Consider seeking the help of an experienced legal professional to handle the complex legalities in your case.