While driving under the influence of drugs and alcohol is illegal throughout the United States, California has some of the toughest laws for punishing those convicted of DUI charges.
The definition of DUI, or Driving Under the Influence, is legally defined as operating a vehicle while under the influence of any substance including drugs, alcohol, or even prescription drugs.
The penalties for a DUI conviction include having your driver’s license suspended, fines, probation, and possible jail time. A person with previous DUI convictions may be charged with DUI as a felony, which carries even more serious consequences.
In other words, if you are planning on consuming anything that might impair your ability to operate a vehicle, you should make sure you have an alternative plan for transportation. It simply isn’t worth the risk. Designate a sober driver among your party or call an Uber or taxi service to take you and your group where you need to go. Don’t risk the penalties and long term consequences of having a DUI on your record!
DUI Laws in California
The drunk driving laws for California are found in Vehicle Code Section 23152 and Vehicle Code section 23153, which says that:
- 23152(a) – It is illegal for anyone who is under the influence of alcohol to operate a vehicle
- 23152(b) - It is illegal for anyone who has a blood alcohol content exceeding 0.08% or more to operate a vehicle.
- 23152(e) – It is illegal for anyone who is under the influence of drugs to operate a vehicle.
- 23152(f) – It is illegal for anyone who is under the influence of any combination of drugs or alcohol to operate a vehicle.
- In many cases, both the 23152(a) and 23152(b) charges will be filed together.
DUI is most often charged as a misdemeanor and the penalties include
- Suspended Driver’s License
- Fines - Up to $1,800 for a first offense
- Jail Time
- Probation Between 3 and 5 Years
Felony DUI Penalties
If a person has had previous DUI arrests, especially if there has been a DUI conviction, then the DUI charges may be filed as a felony. Felony DUI charges will also be filed if the person driving under the influence causes an accident that injures another person. A felony DUI conviction can carry much more severe penalties, including increased fines and time in the State Penitentiary.
Other Charges Related to DUI
Many times, a person is charged with other violations in association with a DUI charge. Other charges often filed with or related to a charge of driving under the influence are:
- DUI With Great Bodily Injury or Death
- Vehicular Manslaughter
- Gross Vehicular Manslaughter
- Child Endangerment Enhancement to DUI
- DUI Refusal/Forced Blood Draw
When an individual is arrested for DUI and facing multiple charges or enhancements to the original charge, the bail amounts required to get out of jail must be added together, in most counties.
For assistance in calculating the amount of bail required to get out of jail after an arrest for DUI or any of its related charges, call the professionals at Mr. Nice Guy Bail Bonds. The professional bail bonds agents that work with Mr. Nice Guy are dedicated to helping the residents of Southern California negotiate the bail process and getting people home to their families and jobs as they work through the legal situation they find themselves in.
Call Mr. Nice Guy Bail Bonds at (844) 400-2245 for assistance with DUI Bail Bonds in California.
DUI With Great Bodily Injury or Death
California Vehicle Code 23153 VC deals with death or injuries caused by a person driving under the influence of alcohol or drugs.
Vehicle Code 23153 VC reads:
"(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. . . . (e) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. "
Vehicular Manslaughter While Intoxicated
If you kill someone while driving drunk, you could be charged with vehicular manslaughter while intoxicated, a more serious crime than DUI causing injury. This charge may result if you drive under the influence and inadvertently cause the death of another person.
If, while driving under the influence, you intentionally engage in activity that is likely to result in the death of another person. The second scenario, intentionally engaging in activity that is likely to cause death, will result in the more serious charge of gross vehicular manslaughter while intoxicated and carries an even more serious penalty.
In addition to a charge of Driving Under the Influence, or DUI, there may also be circumstances in which the charges will be increased or “enhanced.” These enhancements include:
- Child Endangerment
- Reckless Speed
- Open Container
- HitAnd Run
- Evading Arrest
- Blood Alcohol Above 0.15%
- Blood Alcohol Above 0.2%
- DUI Refusal/Forced Blood Draw
- Multiple Offenses
Child Endangerment Enhancement To DUI
Two statutory provisions apply to the child endangerment enhancement of a DUI charge. The first is California Vehicle Code 23572(a) which states that if a person violates Section 23152 VC, the portion of the Vehicle Code having to do with driving under the influence, while a person under the age of 14 is in the vehicle, the court must impose additional penalties that can range from an additional 48 hours to 90 days in the county jail.
Penal Code 273(a)
The second statutory provision that applies to a child endangerment enhancement of DUI is a violation of Penal Code 273(a) which covers crimes that involve cruelty to a child while under the influence of alcohol and includes driving a car with a minor passenger while under the influence and intentionally inflicting harm or mental anguish on the child while under the influence of drugs or alcohol.
DUI Refusal/Forced Blood Draw
According to Vehicle Code 23612, any person who operates a vehicle in the State of California is considered to have already given their consent to having their blood or breath tested to determine alcohol content if that person is lawfully detained on suspicion of having violated the drunk driving laws of the state.
This means that if you are pulled over on suspicion of DUI, you are obligated to submit to the breath or blood test when asked by the investigating officer. The refusal to submit to a breath test or blood test could result in forced blood draw to test your blood for alcohol content and an increased penalty if convicted of DUI.
Increasing Penalties For Multiple DUI Convictions
The consequences of drinking and driving get increasingly severe with multiple convictions. This is especially true in certain counties, including Orange County, which require stiffer punishments, even for first-time offenders.
First Time DUI Conviction
A person convicted of a first-time offense of DUI can expect to pay a substantial fine, receive up to three years probation, and a requirement to attend an alcohol program for 3 to 9 months, depending on the blood alcohol level detected at the time of arrest.
Second Time DUI Conviction
In the State of California, the penalty for a second offense DUI conviction is 96 hours in a county jail facility. However, in some counties, such as Orange County, the penalties are much stronger for a second time DUI conviction. Orange County Courts often give sentences starting at 45 days in a county jail and can be up to as much as 75 days in custody. Other counties can impose even heavier penalties and fines.
Third DUI Conviction
In many parts of the State of California the result of a third time DUI conviction could result in 120 days in a county jail. In some counties, however, the penalties are much more severe, up to nine months in jail.
Fourth DUI Conviction
In many counties, the conviction of a fourth DUI charge is an automatic felony and punishable by one year or more in state prison. In fact, the most common sentence for a 4th DUI is 16 months in a state penitentiary.
Each person who is arrested, whether for DUI or another charge, is given the opportunity to post bail in order to get out of jail and back home to prepare for the upcoming court case. The bail schedule is available at each booking facility and county jail or it can be located online.
Bail is an amount of money deposited with the court to secure a person's release from jail until their legal case can be resolved. Once a person has paid their bail to the court, the court will hold the money and allow the defendant to return home to work and family, until their legal proceedings come to a close. The bail schedule outlines the amount of bail required for each offense. In order to understand the full amount of bail that will be required to secure someone's release, you must know all of the charges against the defendant and add all of the bail amounts together.
Once the legal process has been completed, whether convicted or not, the money used for bail is returned to the person who posted it with the court. If a friend or family member posts bail with the court system, then the money is returned to the person who posted it.
DUI Bail Bonds in California
Many times the amount of money required for bail is more than someone can conveniently come up with. If you don't have friends or relatives from whom you can borrow the money for bail, you may need to enlist the help of a bail bondsman like Mr. Nice Guy Bail Bonds. Mr. Nice Guy and his team of licensed, professional bail bondsmen can help you negotiate the bail process and get out of jail fast.
A DUI bail bondsman will pay the bail on your behalf, and you pay the bondsman a fee, usually 10% of the total cost of bail. When the case is resolved, the court will return the money to the person who paid it, in this case the bail bondsmen. He keeps the fee as payment for helping to secure bail more quickly and for assistance to the court in tracking and ensuring the compliance of defendants who are out on bail.
Call (844) 400-2245 for help with DUI bail bonds today!
How Much Are DUI Bail Bonds In California?
The state of California requires that all bail bond companies charge 10% of the total amount of bail, in order to post bond for a defendant. That means that if the bail is $20,000, the bail bondsman is required to charge $2,000 to post a bond in place of the bail. While this may still seem like a lot of money, it's far less than having to pay the entire amount. All bail bond rates are set by statute and all bail bond companies are required to charge the same amount.
Discounted Rates on DUI Bail Bonds
California law allows for a discounted rate on DUI bail bonds under certain circumstances. For instance, if the defendant retains a private attorney and pays the premium in full within 72 hours, a discounted rate is available. Discounts are also allowed for government union workers, members of the military, and AARP members, among others. These discounts are determined by the surety company that is writing the bonds for the bail bond company.
For more information on getting the best rare for DUI Bail Bonds in California, call the licensed, professional bail bond agents at Mr. Nice Guy Bail Bonds. (844) 400-2245.
Best Rates On DUI Bail Bonds In California
Mr. Nice Guy Bail Bonds has the best rates on bail bonds. How can we make that statement when all bail bond companies are required to charge the same 10% fee? Mr. Nice Guy Bail Bonds uses a Surety Company that allows them to discount bail bonds to just 7% if the defendant retains a private attorney and pays the premium within the first 72-hours. There's no lower rate available, anywhere.
Mr. Nice Guy Bail Bonds saves you money in other ways, as well.
Other companies charge hidden fees like:
- Notary Fees
- Travel Expenses
- Posting Fees
- Annual Premiums
- Late File Premiums
- Interest on Financing
Mr. Nice Guy Bail Bonds doesn't charge any of these fees. There is always just one flat rate, no interest, no hidden fees, no surprises. Other companies may advertise the same 10% rate that everyone is required to charge. But, what they don't tell you is all the other fees you'll end up paying. Mr. Nice Guy never charges these additional fees, so you'll end up paying a lower rate, no matter what the other guys are advertising.
Call Mr. Nice Guy Bail Bonds to start the DUI bail bond process and get out of jail fast! (844)400-2245 Call Now!