California DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses that certain states prosecute differently. California law uses the term “DUI” in all cases, though “DWI” is still used to refer to it informally. California has some of the nation’s most complex DUI laws, and they apply both to alcohol and drugs.

What Is a DUI in California?

Under California Vehicle Code §23152, DUI is defined as driving under the influence of alcohol, drugs, or a combination of substances. The legal thresholds for alcohol impairment include:

• A BAC of 0.08% for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.01% BAC for drivers under 21; this is in relation to California’s strict “zero tolerance” law

California also prosecutes drug-related DUIs, which may involve controlled substances, prescription medications, or marijuana if the driver is impaired, regardless of THC levels. Unlike some states, California does not differentiate between “DUI” and “DWI”; all impaired driving charges are categorized as “DUI.”

DUI Penalties in California

California imposes escalating penalties depending on the number of prior DUI convictions within a 10-year look-back period.

• First DUI Offense:
  • It carries a potential jail time ranging from 48 hours up to 6 months in county jail (A judge may suspend the jail time and impose probation)
  • It is punishable by payments of fines and assessments ranging from $1,400 to $2,600
  • The DMV may impose an administrative license suspension for a period of 4 months (with potential eligibility for a restricted license after 30 days)
  • Offenders are required to enroll in a mandatory DUI education program (3 to 9 months, depending on BAC level)
  • An installation of an ignition interlock device (IID) may be required by the court
• Second DUI Offense:
  • It may result in a jail term of 96 hours to 1 year
  • Offenders are required to pay fines ranging from $1,800 to $2,800, and failure to make payments may result in additional penalties
  • A 2-year license suspension is imposed (with a restricted license possible after 12 months)
  • A DUI education program is required after conviction (a period of 18 to 30 months)
  • The court imposes a mandatory IID requirement for at least 1 year
• Third DUI Offense:
  • It carries a mandatory jail sentence ranging from 120 days to 1 year
  • A third DUI offense may result in fines of up to $3,800
  • A 3-year mandatory license suspension is imposed on the convict
  • Individuals who are guilty of this offense are required to enroll in a DUI education program for 30 months. This is to address substance abuse
  • Penalties include the mandatory installation of an IID
• Fourth or Subsequent Offense (within 10 years):
  • This is charged as a felony DUI
  • A person found guilty of committing this crime serves up to 3 years in state prison
  • It may result in fines up to $5,000, excluding additional court costs
  • Offenders risk a 4-year license revocation upon conviction
• Aggravating Factors: Higher penalties apply with a BAC level of 0.15% or higher. Also, if a minor is in the vehicle or the DUI involves an accident causing an injury, it may lead to harsher penalties. The California Vehicle Code §23153 addresses injury-related DUIs and classifies them as felonies.

DUI Arrest and Court Process in California

California has a multi-layered DUI process that involves both criminal proceedings and administrative actions:

1. Traffic Stop and Arrest—If an officer suspects aggressive driving or impairment, they may conduct field sobriety and chemical tests. Refusal to test triggers immediate license suspension under the implied consent law.
2. Booking and Charges—The driver is booked, their fingerprints are obtained, and they are charged with committing a DUI.
3. DMV Administrative Hearing—This process is different from the criminal case handled in court. The DMV suspends the driver’s license based on the arrest unless a hearing is requested within 10 days of the arrest.
4. Arraignment—The judge informs the defendant about charges, and a plea is entered.
5. Pre-Trial Hearings—The defense may challenge evidence, such as the legality of the stop or the accuracy of breath and blood tests.
6. Trial or Plea Agreement—If no resolution is reached, the case proceeds to trial.
7. Sentencing—Upon conviction, penalties are imposed according to California DUI laws.

California does not offer broad diversion programs for DUI, though plea bargains to a lesser charge, “wet reckless,” exist. This means a charge indicating reckless driving under the influence of alcohol may be granted under certain circumstances.

How to Search for DUI Records in California

California DUI records are public records and are categorized based on two distinct systems: criminal and administrative.

• California Courts: Many county Superior Courts provide online portals for a case search. Interested persons may find information on DUI charges, court dates, and sentencing outcomes.
• California Department of Motor Vehicles (DMV): The DMV maintains driving history information, including DUI convictions, suspensions, and IID requirements. Individuals may request a personal driving history record from this agency.
• County Clerk of Court: Certified copies of DUI case files, sentencing orders, and probation terms are available in person or by mail from the clerk of court, who maintains these records.
• Third-Party Background Check Services: These websites provide wide-ranging information to the public. They compile DUI records, and individuals may need to verify the accuracy of the records.

DUI records consist of information such as BAC level, case status, date of conviction, sentencing, and license restrictions.

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

California has one of the longest retention periods for DUI convictions in the United States:

• Criminal Record: A DUI conviction remains permanent on a person’s criminal record unless expunged. While California allows for expungement under Penal Code §1203.4 after completing probation, it does not erase the conviction. The record only shows that the case was dismissed.
• Driving Record: DUI convictions stay on a DMV driving record for a period of 10 years from the date of the offense. Also, prior DUI convictions during this period are used to determine enhanced sentences for repeat offenses.
• Insurance and Employment: In California, a DUI conviction may increase insurance premiums for up to 10 years. Employers and licensing boards may also find DUI convictions during background checks.

California enforces some of the strictest DUI laws in the nation, with heavy fines, long-term license suspensions, and mandatory jail time even for first-time offenders. The state uses DUI as the sole term, with separate provisions for alcohol, drugs, and underage drivers. Records are accessible through California courts and the DMV.

Convictions remain on driving records for 10 years and on criminal history reports indefinitely unless they are expunged. For drivers, employers, and legal researchers, understanding California’s DUI laws is important as a result of the long-term consequences associated with impaired driving.