California DUI/DWI Laws in effect now


SB 1758 Permits a 30 day impound of any vehicle driven by an unlicensed driver.
AB 3148 The second time any car is driven by an unlicensed driver it can be confiscated and sold at auction. Became affective 11/30/94. The driver will get 10 days in jail and a fine & penalty assessment of about
$800.00 the first time.
(The first time a car is driven by an unlicensed driver it may be towed and impounded at a cost of around $400-500.00.
Many police departments say zero tolerance meaning no early releases so you are looking at about 30 days impound to pay for in addition to towing).
You must have proof of insurance in your car. The fine for no insurance is about $1300.00 the first time.

AB 2639 Enables the court to prohibit anyone convicted of DUI from operating a motor vehicle not equipped
with a certified ignition interlock device. Became effective 9/30/94.

SB 1295 Imposes a one to three year driver's license suspension on some drivers under 21 years of age who are suspected of having a blood alcohol content of .01 percent or more and fail or refuse to take an alcohol screening test. Became effective 9/28/94.

FIRST TIME Drinking Drivers: As of January 1, 1995 they may choose between a restricted license to drive to and from the drinking driver program elements only which has a 90 day waiting period to get your regular license or take a 5 month suspension and apply for a restricted license that includes to, from and during the course of work in addition to the DUI program.
Starting January 1, 1998 Blood Alcohol Levels will determine if you attend a 3, 6, 9 or 12 month First Offender
Program in most counties in California.

Proof of enrollment, a $100.00 reissue fee and SR22 proof of insurance is required in either case. The difference in time amounts to 2 months.
Proof of program completion is required to get your regular license back.

Under the Admin Per Se law your license was taken at time of arrest and you were issued a 30 day permit to drive. This is followed by a 30 day punitive period where no type of license can be obtained. Following this 60 day period and with proof of enrollment a restricted license may be applied for.

IF the court added a restriction to your license it will begin when you apply for a license.
Applying for a restricted license right after enrollment will cause this to run concurrently with the DMV restriction.

If you do not get a restricted license at the beginning of your drinking driver program the court restriction may start when you apply for your regular license at the end of the program unless you return to court and successfully have the court restriction removed.
If there is no court restriction you may choose to pass up applying for a restricted license and wait until completion of the program and apply for your regular license without further delay.
Either choice starts at the end of the 30 day permit to drive and the 30 day punitive period.

A second - second offense within the last 4 years may prevent a person from getting a
restricted license the last 6 months of an 18 month second offender program. A second
offender from an old arrest and no license for any amount of years still has to complete 12 months of the program before applying for a restricted license.

A 12 month Drinking Driver program is all that is required by DMV for a second offender  (a second arrest within 7 years) if it was prior to September 27, 1990 due to a glitch in DMV computers although the law cites an earlier date.
In all DUI cases you can make payments to the court for fines and penalties. There is a setup fee charged. If you are one day late the court may demand the full balance due immediately. If you pay the court through probation you may be charged extra for their service, around $30.00 a month.
Under the Admin Per Se law where they take your license at time of arrest you may still lose your license through DMV if you had a blood alcohol level of .08 or more even if you win the case in court.


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geh 5/21/97 - 12/19/98