There are a number of scenarios that present themselves following a California DUI and the penalties depend on several factors. If there is no personal injury or property damage involved, the length of one’s California driver’s license suspension depends on the number of prior DUI offenses on one’s record. There are additional penalties added to your DUI conviction should you refuse post-arrest chemical testing. The following are common California DUI scenarios and how each affects your driving privileges.
If you are over 21 years of age, not on DUI probation, and this is a first DUI conviction without causing personal injury or property damage, and you complied with the required chemical testing, you will face a 4-month driver’s license suspension. Second and subsequent DUI convictions will result in a one-year suspension. If you are on DUI probation and test positive for drugs or alcohol, you face a one-year license suspension with no allowances for getting to and from work. If this is your first DUI and you were involved in an accident that caused personal injury or property damage, you will lose your driver’s license for at least one year. Felony DUI convictions carry a three-year driver’s license suspension.
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Refusing Chemical Testing
If you are convicted of the above DUI and do not comply with chemical testing requirements, i.e., breath, blood or urine testing, a first DUI conviction will receive a one-year suspension, second offenses within a 10-year period a two-year suspension, and if this is a third or subsequent DUI offense, a three-year driver’s license suspension.
Zero Tolerance for Under 21 Drivers
For those under 21 years old, a one-year license suspension is applicable if preliminary alcohol screening or chemical testing that show even a .01 blood alcohol content.
If your DUI accident did not cause severe injury or death to another individual and you are convicted of DUI for the fourth time you will face a four-year driver’s license suspension and forced to complete a 30-month multi-offender program to get your license back. If your DUI caused the death of another, you may be charged with DUI causing injury, vehicular manslaughter, or in certain instances second-degree murder, all resulting in a permanent loss of your California driver’s license.
If you are involved in any California DUI situation, you should immediately contact a California DUI defense lawyer to advise you of the penalties that are applicable to your unique situation. Your age, the number of prior convictions, whether or not you are on DUI probation, and if another person was injured or killed or you caused property damage all will have an effect on how long you will be unable to drive.
