2nd DUI in California 2013

2nd DUI in California 2013

 Recent studies have shown that a lot of fatal vehicular accidents are caused by driving under the influence.  This leaves us with the fact that persons who become involved with these accidents also leave behind family members which may be dependent on them. In view of these facts, it is therefore important to understand this particular state law about second DUI in California 2013.

In California, it is considered illegal to drive a vehicle if you have a 0.08% or higher blood alcohol level (BAC) if you are 21 years old or older; 0.04% or higher BAC if driving a commercial vehicle; and 0.01% if you are younger than 21 years old. This law also includes certain types of medications such as :

  • Those with excessive amounts of alcohol (ex.cough syrup)
  • Prescription drugs
  • Over-the-counter medications.

It is also important to note that a DUI record lasts for 10 years.

State penalties for a DUI conviction may vary according to your age, the type of your license, and whether you are a repeat offender. Generally, punishment for this type of violation includes:

  • Suspension of your driver’s license
  • Fine
  • Doing community service or jail time
  • Going to a DUI school
  • Getting an SR22 insurance
  • Having an IID (Ignition Interlock Device) installed in your car

If you are under 21 years old you can be charged with either of the two types of offenses which are connected with alcohol – possession of alcohol or a violation of the Zero Tolerance Law.

Under the California Driver Handbook, once you incur a second DUI in California 2013, penalties will accordingly be increased which means that the regular penalties for DUI may either be prolonged or you may need to pay higher fines and fees.  Aside from this, you may also be required to enroll in a DUI school and apply for an SR22 insurance for your car.

The length of time that your driver’s license shall be suspended will also be for a much longer period.  If for example, a first offense DUI conviction would only cost you a whole year’s suspension, you may be facing a five or ten-year suspension on your subsequent conviction.

Since there are a variety of factors which can affect your DUI offense, your best step would be to contact a DUI lawyer who can handle it well.

You may also face an Admin Per Se suspension if you refuse to take a breathalyzer or other chemical test from a law enforcement officer.  The officer can suspend your license temporarily for this refusal which shall be issued right there and then. If however, you think that the suspension is somewhat unfair, you can request for an administrative within 10 days from the issuance after you have received the suspension.

If you are pulled over by an officer if your driving behavior is suspicious enough of driving under the influence, and you refuse to take a BAC test, the officer will have the right to confiscate your license.