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Understanding California DWI Laws: Key Information for Drivers

Explore California DWI laws, including legal limits, penalties, and the impact on driving privileges. Stay informed and drive safely in California.

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Driving while intoxicated laws are essential for ensuring the safety of everyone on the road and educating drivers about the legal consequences of impaired driving. Clearly, it is important to never get behind the wheel of a motor vehicle while under the influence of alcohol or the influence of drugs.

Safe drivers should recognize and understand the specifics of California DUI laws, including penalties and the effects on driving privileges and insurance rates. California’s laws can decrease impaired driving and promote responsible driving behavior to prevent license suspension or loss of driving privileges, a restricted license, jail time, and other serious consequences.

Overview of Driving While Intoxicated in California

There are two key acronyms associated with drunk driving in California: DUI or driving under the influence, and DWI or driving while intoxicated. DWI vs. DUI in California does not require a distinction. In some states, these have different meanings and penalties, but California law uses DUI to refer to driving under the influence. The state’s laws apply to both drug and alcohol use and are designed to ensure safe driving conditions. A commercial driver has different rules of the road when it comes to field sobriety and driving under the influence.

Your blood alcohol content (BAC) is a measure of the amount of alcohol in your bloodstream. California law dictates that it is illegal to get behind the wheel with the following BACs:

  • 0.08% or above if you are over 21 years old
  • 0.01% or higher if you are under age 21
  • 0.04% or higher if you drive a vehicle with a commercial driver’s license
  • 0.01% or above regardless of age if you are already on a DWI probation
  • 0.04% or higher if you are driving a passenger for hire

If you drive under the influence and fail a field sobriety test, a police officer can charge you with a DWI.

The Role of Law Enforcement

Law enforcement plays a key role in California traffic violations, including spotting and apprehending drunk drivers. You can be pulled over for suspicion of driving under the influence and required to take a breath, blood, or urine test. If you refuse to do so, you can lose your driving privileges.

While some drivers believe they have the right to refuse sobriety tests, California Vehicle Code 23612 states that “a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood.” This is known as an “implied consent” law.

Penalties for DWI Offenses in California

The penalties for driving while intoxicated in California can be severe, ranging from a misdemeanor to a felony. A misdemeanor penalty can include up to six months in jail, a fine, and a storage fee for an impounded vehicle.

In California, DWI convictions stay on your record for 10 years and additional DWIs can increase penalties and consequences.

DWIs can be upgraded to a felony charge based on aggravating circumstances such as drunk driving with a minor in the vehicle, causing an accident that injures or kills another person, or acting in a combative manner towards the arresting police officer. Felony DWI conviction in California can lead to up to three years in prison and a fine of up to $5,000.

License Suspension Process

Upon detection of a DWI case, the policer officer will forward a notice of license suspension or revocation to the California Department of Motor Vehicles (DMV). The DMV will then proceed with an administrative review based on the information submitted. Drivers must request a hearing within 10 days of the license suspension or revocation. Those who have a suspended license in California due to a DWI can apply for a hardship license, which recognizes extenuating circumstances. These can include the need to drive kids to school, a challenging commute to work, or driving to provide medical support.

Drivers’ Rights During a DWI Stop

If you are pulled over for a suspected DWI, you have the right to remain silent or contact an attorney. You are required to produce your driver’s license, vehicle registration, and proof of insurance.

If you refuse to take a breath, blood, or urine test, your driving privilege will be suspended or revoked by the DMV.

Impact of DWI Conviction on Insurance

A DWI conviction will increase your car insurance rates. The particular amount will vary based on your record, your insurance company, your age, and your driving history. You will also need to complete form SR-22, a California Proof of Insurance certificate, if you are trying to get your driver’s license reinstated following a suspension or revocation. This additional insurance entails a minimum of $15,000 bodily injury liability per person and other additional liability costs. Simply put, a DWI has a notable impact on auto insurance rates in California.

Compare Car Insurance Quotes to Find the Best Coverage Today!

Comparing auto insurance quotes will help you find the best coverage for your needs and circumstances. EverQuote can help you review different car insurance quotes, decrease the price you currently pay for insurance, and find a good option following a DWI conviction.

FAQs

What is the punishment for a DWI in California?
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The punishment for a DWI in California varies but can include fines and jail time.
What is the new DUI law in California?
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The California DMV instituted an ignition interlock device pilot program to require repeat DUI offenders and those who caused injury while driving under the influence to install an ignition interlock device.
Is California strict with DUI?
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Yes. A DUI remains on your driving record for 10 years in California.
Is California zero tolerance DUI?
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No. Unless there are mitigating circumstances, most initial DUIs only result in a fine.