California DUI/DWI Laws in effect now




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.