California’s DUI laws may be tough but individuals also have many protections under the law
Drunk driving causes an estimated 1,500 deaths and 30,000 injuries in our state per year, according to the latest available data from the California DMV. It’s no surprise that, like most states, California has enacted some tough DUI laws and penalties to try to discourage individuals from driving under the influence of drugs or alcohol. There are three specific areas where California laws are stricter than many other states’ laws, namely youth DUI, ignition interlock device, and repeat offender laws.
Youth DUI
Whereas the maximum legal BAC for adults is 0.08, for California drivers who are under 21 it is 0.01, which effectively means that California has a zero tolerance policy for underage drinking and driving.
Ignition Interlock Devices
Ignition interlock devices are used to prevent individuals with a history of DUI from starting their vehicles while intoxicated. In four California counties, these devices are mandatory for all DUI convictions, even first-time offenders.
Repeat Offenders
As in many states, the severity of the penalties for DUI increases with every additional conviction in California. However, California does have one special provision that affects DUIs involving serious injuries or death. These types of DUIs can count as strikes under California’s Three Strikes Law, and individuals who receive three violent crime convictions or strikes will be punished with life in prison.
Tough But Fair
While California does have some of the toughest DUI laws in the US, we also have many provisions designed to help offenders cope with their lost or limited privileges. For example, there is the DMV hearing process that provides for individuals to challenge the automatic imposition of a license suspension by the DMV following their arrest. There are also provisions allowing individuals to petition for restricted driving privileges so that they can continue to drive to work during their suspension.
Foreign DUI Laws
In other countries, individuals may be subject to even stricter laws and harsher penalties with little recourse for disproving any charges against them. For example:
- In Russia and China the BAC legal limit is 0.02 and in Saudi Arabia it is 0.00.
- In Sweden the amount of your DUI fine is determined by how wealthy you are.
- In Australia you permanently lose your drivers license after your second DUI.
- In El Salvador your car will be seized if your BAC is over 0.01.
- In France your car will be confiscated, you’ll lose your license for 3 years, and you may also spend time in jail.
Next time you get charged with DUI, thank your lucky stars you live in America and call expert DUI defense attorney Dan E. Chambers for help.
