Severe First Time DUI Penalties in California

Agressive DUI Defense From a Calfironia DUI Attorney is Often Needed

Sep 10, 2009

A first time California DUI often results in very severe penalties. They include much higher insurance rates with SR-22 policies, loss of CDL, and loss of employment.

The cost of a first DUI in California is very high. The minimum penalties include two days in jail, a minimum of $1,800 in fines, restricted driver's license for at least three months, and a $500 three month alcohol education program. Those with a blood alcohol content (BAC) greater than 0.20% should expect much harsher penalties than this, even on a first DUI.

Even with these minimum penalties, California DUI attorneys can cost much more than the minimum fines. That may lead many to plead guilty, and pocket the money they would've given to a California DUI defense lawyer. Unfortunately, the price of a conviction goes well beyond the minimum fines. For some people, the cost of the first DUI is many times the cost of hiring a California DUI lawyer.

Loss of Job Opportunities

The California Department of Motor Vehicles (DMV) has a Employer Pull Notice (EPN) program that will reveal an employee's DUI conviction or driver's license suspension. Employers in the EPN request the DMV to notify them whenever an employee's driving record has been changed. In the case of driving under the influence, the employer will usually receive first notification of the DUI when the DMV suspends or restricts the license. Depending on the employer's policies, the DUI may be sufficient grounds for termination of employment.

For those who may be looking for a job, a DUI conviction will likely show up on a pre-employment background check as a misdemeanor. Unfortunately, clean background checks have become very common as a condition of new employment.

CDL and DUI

Anyone holding a commercial driver's license (CDL) can be convicted of DUI with a BAC of 0.05. If the CDL driver was driving a commercial vehicle, a BAC of just 0.01 is sufficient for conviction.

Just being arrested for DUI results in immediate loss of all CDL driving privileges for up to four months. The police officer has already confiscated the CDL and issued a temporary permit for driving, which is not valid for commercial driving. This typically results in termination of employment for those whose jobs require a CDL. Because a first DUI threatens the career and livelihood of a commercial driver very quickly, CDL holders wanting to save their driving careers may want to immediately hire a DUI defense lawyer.

Even for drivers who have a regular class C driver's license, the minimum DMV penalty is a restricted driver's license, which prohibits driving except for commuting to work or to the DUI alcohol education program. In some positions requiring driving such as a travelling salesman, downgrading to the restricted driver's license may be grounds for termination.

Military DUI

Although one may be acquitted in a civilian court for DUI, it's still possible to be convicted for the same offense in a military court. Some of the possible penalties of a military DUI include loss of rank or promotions, loss of off-base access, pay reduction, or even a dishonorable discharge. A DUI conviction in military court becomes a permanent part of the military record, which will adversely affect future career prospects in the armed forces. For these specialized cases, it's important to find an attorney who has experience in military courts.

Higher SR-22 Insurance Rates for 10 Years

A DUI stays on the California DMV record for ten years. Convictions that previously expired under more generous laws prior to 2007 will reappear on the public driving record if ten years have not elapsed since conviction. The auto insurance company can take any action they wish such as raise premiums or deny a policy regardless of whether an expensive SR-22 policy is required. Ten years worth of increased auto insurance premiums represents thousands of dollars lost.

Depending on one's situation, the severity of a first DUI may warrant the hiring of an aggressive California DUI attorney, especially for those whose career and livelihood may be adversely affected. The cost of a first DUI in California is very high for almost everyone.

Brown, David Wayne. "Fight Your Ticket and Win in California." Nolo Press (2008).

United States Department of Defense. "Uniform Code of Military Justice (UCMJ)."

The copyright of the article Severe First Time DUI Penalties in California in Crime is owned by John Wu. Permission to republish Severe First Time DUI Penalties in California in print or online must be granted by the author in writing.