California Driving Under the Influence (DUI) Laws

Driving under  the influence (DUI) is a broad term to classify offense which can be charged and punished in several different ways depending upon the circumstances of the case, the location of the arrest, the driver and the driver's criminal DUI or DMV history, and the attorney who represents the person charged with DUI. A driving under the influence case is considered a first offense DUI if a person arrested has never been convicted of a DUI related charge, which includes driving under the influence, driving with a blood alcohol level of 0.08 percent, or reckless driving with alcohol involved (wet reckless). First offense DUI convictions carry a range of specific consequences.  The punishment imposed can be predicted by an attorney experienced in DUI cases and the particular county in which the DUI arrest occurred.

First offense DUI punishments can be more severe (enhanced) if the driver had a breath or blood alcohol level of 0.15 percent or greater.  The consequence will be even more severe if the driver had a breath or blood alcohol level of 0.20 percent or greater.  Some courts or prosecutors will impose an even more severe consequence if the person had a blood alcohol level of 0.30 or above.

As well, a first offense DUI will be enhanced if the driver was involved in an accident causing injury to a person other than the driver charged with DUI.  Injury DUI's may be charged as a felony or a misdemeanor depending upon the extent of the injuries. As well, there are other enhancements which can imposed if great bodily injury (serious injuries) occurred or if multiple people other than the driver arrested for DUI were injured.