California has two different standards by which they determine if you can be arrested for DUI. The first is merely at the officer’s own judgment, using their observations, field sobriety tests, etc. If they feel as if you are not driving as well as a sober person would be, you can be arrested for DUI, even if your blood alcohol content does not meet the requirements. If you do have a BAC of at least .08%, you can be arrested for DUI even if you are driving safely. These two different standards are based on public safety.
First Offense
If you are convicted of DUI and it is your first offense, you can expect a few different things to happen. Your license will be suspended for at least four months. You will also be mandated to undergo alcohol assessment and treatment if necessary. A first conviction will carry a required incarceration of three days, with the potential of no more than 6 months in jail. The fines can range from $1000 to $1600 in addition to other fees associated with your sentences. For license reinstatement, you will have to have an ignition interlock device installed on your car at your own expense, as well as drive with a restricted license, which will mean you need SR-22 insurance coverage.
Second Offense
If you have a second conviction within ten years of the first, your legal consequences will be even stricter. License suspension will be for a period of minimum of one year, but can be up to two years. Fines will range from $1000 to $2500 plus any other costs and you will be incarcerated for at least four days. You will be on probation for three to five years as well and mandatory DUI school attendance will be required for 18 months.
Third Offense
Your third DUI conviction within ten years will mean a loss of your license for three years. Most counties will incarcerate you for 120 days and you will be on probation for three to five years. In addition, levies will be placed against you in the amount of $1800 to $2000, depending upon your sentence. DUI school attendance for 18 months will also be mandatory. To reinstate your license an ignition interlock device will be required.
Fourth Offense
A fourth DUI conviction will give you at least 6 months in jail and cause you to lose your license for at least four years. Your fines will increase up to $3000 and you will be responsible for the cost of DUI school and for an ignition interlock device for your vehicle, as well as court costs and increased insurance costs.
While all DUI convictions in California are considered misdemeanors, if there are aggravating factors, they can be upgraded to a felony charge. If your charges are upgraded, any additional DUI convictions will also be considered a felony. Legal representation or a lawyer is essential to making sure that your rights are taken care of and you get the information that you need.