California DUI Laws and Penalties Explained

Driving under the influence of drugs or alcohol in California is considered to be an extremely serious offense. The decision puts the safety and lives of others on the road at risk. While there are serious penalties set in place to deter the behavior, it has not been enough to completely stop DUIs from happening. To further enhance safety measures, California DUI laws and penalties are continually being updated to help reduce the prevalence of these incidents.

Understanding DUIs in California

A DUI is charged in California after someone is pulled over and issued a breathalyzer test that results in 0.08% blood alcohol concentration (BAC) or higher. This is considered an illegal level of substance in someone’s system, which deems them unfit to safely operate a vehicle. This level is reduced to 0.04% for commercial truck drivers and 0.01% for anyone who is under the age of 21. Law enforcement conducts checkpoints and patrols to help identify and apprehend violators.

First-time DUI Offenses

While first-time DUI offenders are the most likely to receive the lightest punishment, these convictions are still taken very seriously. The specifics of the DUI, such as if anyone else was severely injured, will guide how many of these penalties are officially issued.

Some first-time penalties that will be up for consideration include:

• Your driving privileges could be suspended for a year
• If your BAC level was higher than 0.20%, the suspension could be increased longer
• Complete a 9-month DUI program focused on education and rehabilitation
• Installation of an ignition interlock device
• Fines can range significantly depending on the factors involved
• Up to six months in prison

If you have been charged with a DUI for a second, third, or even greater time, all of these punishments will likely be increased. The court will look at what was issued in a previous DUI and try to understand why it wasn’t enough to deter the behavior from happening again. This will guide their future punishments. For example, they may feel like you need more time spent in a rehabilitative program to help solve the root cause of the issue.

How to Fight a DUI Charge in California

If you have been charged with a DUI, seeking legal help from an experienced defense attorney is the first step you should take. They will bring an invaluable set of experience and skills to the table to thoroughly investigate your charges and find the most vulnerable pieces of the prosecution’s case to leverage. For example, they may question if the traffic stop in question was conducted lawfully. If not, this could result in your BAC level being dismissed as evidence in the case.

Another common defense is to question the validity of BAC results in general. These devices can sometimes produce inaccurate readings if the machine has not been properly maintained or calibrated. An individual’s personal medical issues could also contribute to inaccurate results, like acid reflux and diabetes. Showing evidence of these contributing factors could be enough to dispute the evidence and weaken the prosecution’s tactics.

In some situations, an attorney might try to negotiate reduced charges or alternative sentencing options. This is especially true in cases where it’s someone’s first DUI, or there were no present aggravating factors. Some possible outcomes in these scenarios could be your DUI lawyer introducing a plea agreement to try and lower the charge to a lesser offense or suggesting an alternative sentencing option is more appropriate, like probation or community service.

At the end of the day, fighting a DUI charge under the laws and penalties that exist requires a comprehensive legal strategy from a qualified attorney who understands the circumstances of your case. If you are facing these charges, consult with a DUI attorney as soon as you can to better understand the laws as they exist in 2025 and see how they apply to your case.

FAQs

What Is the Most Common Penalty for a DUI?

The most common penalty for a DUI would be a combination of fines, license suspension, and mandatory DUI education programs to try and rehabilitate the behavior. Those who have been charged with a DUI for the first time are the most likely to receive probation instead of jail time, especially if there are no aggravating factors present. DUI convictions also require the individual to install an ignition interlock device for a certain period of time.

Can a First-time DUI Be Dismissed in California?

Yes, it is possible to have first-time DUI charges dismissed in California. This largely depends on the specific factors present in the case, such as if there is insufficient evidence, procedural errors made by officers, or any evidence that suggests a defendant’s rights were violated. The likelihood of these charges being dismissed will also rest on the quality of your defense attorney. Early legal representation is also critical to increase the chances of a case dismissal.

How Long Does a DUI Stay on Your Record in California?

DUIs can stay on your record in California for many years. This can impact certain areas of your life, like insurance rates and employment opportunities. While there are some aspects that can be mitigated, like improving your insurance rates after safely driving for the next several years, the conviction itself can still pop up on background checks. Hire a DUI defense attorney to check out the possibility of having your conviction expunged entirely.

What Should I Do Immediately After Being Arrested for a DUI?

After being arrested, the first step is to remain as calm as possible and be respectful during interactions with law enforcement. Do not say anything that could fall under self-incrimination. Rather, hire a defense attorney immediately to begin discussing your case and building a solid defense. Additionally, a DMV hearing should be requested to challenge any acts of administrative license suspension. Taking prompt action can improve your chances of a favorable outcome.

Contact The Law Office of Louis J. Goodman Today

If you have recently been charged with a DUI in California or are looking for more information on the laws and guidelines that everyone must operate under, contact our law firm today. We have years of experience in this space that allows us to provide the type of knowledgeable, strategic representation needed to help reduce or dismiss the charges you face.