Driving under the influence of alcohol or drugs is covered under the California Vehicle Code Section 23152. Under §23152 (a), it states that it is unlawful for any person who is under the influence of alcohol or drugs, or the combination of alcohol and drugs to drive a motor vehicle. It is against the law for any person who has a blood alcohol concentration (BAC) of .08% to drive a motor vehicle and under § 23152 (d), it is unlawful for anyone to operate a commercial vehicle with a BAC of .04% or greater.
California Penalties for a First Conviction
The penalties for a first time DUI conviction in California are covered under VC Section 23536. While each state has its own penalties for a DUI offense, California’s DUI penalties are rather severe. The penalties for a first time DUI conviction in California are as follows:
- Imprisonment in county jail for 96 hours to 6 months
- A fine ranging from $390 to $1,000
- Up to 6 months driver’s license suspension
- Attend an alcohol/drug treatment program
Once a person is arrested for DUI, the officer will confiscate their driver’s license and issue them an Order of Suspension and Temporary License. The driver’s license will be returned to them at the end of their suspension or revocation period provided they pay the reissuing fee at the DMV and file proof of financial responsibility. However, if it is determined that there was no basis for the suspension or revocation, their driver’s license will be issued or returned back to them.
When someone is arrested for DUI, they have the right to request a hearing from the DMV; however, the person must request the hearing within 10 days of receipt of the suspension or revocation order. This hearing is extremely important to schedule and attend if you want to challenge your driver’s license suspension; it’s also necessary to have a Ventura County DUI lawyer representing you at this hearing. The DMV administrative hearing specifically addresses your driving privileges and is separate from any criminal hearings.
To fight your DUI charges, contact Ridley Defense by calling (805) 590-2637 to schedule your free case evaluation with a Southern California DUI attorney!
