California DUI and Bail Bond Details

Being Arrested for DUI or DWI in California

Being arrested for a DUI or DWI can be extremely stressful, embarrassing, and expensive. Sometimes, after having a few drinks at a family reunion, dinner party, or concert, you may not make the best decision about whether or not to drive. What seemed like a fun night can quickly turn into a serious situation if you're caught driving under the influence. When you approach a DUI checkpoint or see the flashing blue lights in your rearview mirror, reality hits fast. What once seemed like a small, inconsequential decision can lead to an arrest for driving under the influence (DUI) or driving while impaired (DWI), and even worse, result in catastrophic consequences—many of which can last a lifetime. It’s important to understand California DUI laws, your rights when being accused of DUI or DWI, and how the DUI/DWI arrest process works.

California DUI Laws and BAC Limits

BAC Limits

• A BAC of 0.08% or higher applies to individuals 21+ years old, driving or operating a regular passenger vehicle.
• A BAC of 0.04% or higher applies to individuals 21+ years old, driving a commercial vehicle.
• A ZERO TOLERANCE policy (BAC of 0.01% or higher) applies to individuals under 21, driving a regular passenger vehicle.

California DUI laws state that it is illegal for anyone with a BAC above the legal limit to operate or drive a vehicle.

California DUI "Admin Per Se" Law

California Vehicle Code § 23152(b) dictates that it is unlawful to operate a vehicle if your BAC is above the legal limit, regardless of whether you are impaired. California’s DUI “Admin Per Se” law works with California VC § 23152(b), giving police and other California authorities the power to detain, arrest, and revoke someone’s driver’s license if there is any suspicion that the individual is driving under the influence. California VC § 23152(a) can be violated by the “admin per se” DUI charge, even if the driver’s BAC is below the legal limit of 0.08%. BAC measures the alcohol content in the bloodstream and is the key factor in determining intoxication for legal purposes, especially in DUI cases.

Important Notes About BAC Limits and DUI Arrests

• Law enforcement only needs suspicion of DUI to pull you over.
• California DUI laws apply to over-the-counter and prescription medications if they affect your ability to drive. Even if you have a prescription, you can still be charged with DUI.
• If you fail or refuse a BAC test at a DUI checkpoint or during a traffic stop, the officer can confiscate your driver’s license and issue an Order of Suspension. You must contact the DMV within 10 days to request a hearing to contest the suspension. Failure to do so results in an automatic license suspension (4 months to 1 year for a first offense), beginning 30 days after the DUI arrest.
• Several factors can cause inaccurate BAC readings, such as rising BAC, mouth alcohol, medical conditions like acid reflux, weather conditions, and errors with testing equipment. These factors can serve as defenses in DUI cases, and California Code of Regulations violations may also contribute to a case being dismissed.

Bail/Bond Process

If arrested for DUI, you will be held at the police station or county jail for up to 24 hours.

Misdemeanor DUI Cases

For misdemeanor DUI cases, which typically apply to first-time offenses, you may be released on your own recognizance (O/R release).

Felony DUI Cases

For felony DUI cases, you will likely be held until you post bail (if bail is granted).

Bail is a monetary and written promise to appear for future court appearances. Bail amounts are set according to the severity of the DUI case and the arresting county's schedule. If you appear for your court date, bail will be returned minus any DUI-related fees, which are non-refundable. Towing and impound fees are additional.

If no property damage or injury occurred during the DUI, bail is typically between $1,000–$15,000. Bail amounts increase for DUI-related accidents causing injuries or death. For example, in Orange County, DUI with injury requires at least $100,000 in bail. Other circumstances that can raise bail amounts include:

• Property or personal injury caused by the DUI
• Children in the vehicle (may result in child endangerment charges)
• Hit and run
• Driver under 18
• Driving over 20 mph
• Poor conduct with law enforcement
• BAC of 0.15% or higher

Anyone can post bail for a DUI case. The quickest way to help a loved one is by providing the jail or police station with their full name and date of birth. If you or a family member can't pay the full bail amount, an agent from OnCall Bail Bonds can post bail for a small fee. Some counties require the defendant to remain in custody until their court appearance, while others require bail before release.

After release, it’s crucial for the accused to hire an experienced DUI attorney who can investigate the arrest and provide representation. Many attorneys offer free consultations to discuss the case.

California DUI Trial and Punishment

If convicted of DUI under California Vehicle Code §§ 23152(a) and 23152(b), or DUI with injury under § Vehicle Code 23153(a) and 23153(b), sentencing combines the offenses into one DUI charge.

DUI Conviction

To be convicted of DUI in California, the prosecutor must prove two things:

1. You were driving the vehicle.
2. Your BAC was at or above the legal limit when you were driving.

If convicted, a misdemeanor DUI offender may face:

• Probation
• Jail time
• High fines
• Mandatory DUI school (usually 90 days, but up to 30 months in some cases)
• AA meetings
• Installation of an IID (Ignition Interlock Device)
• A DUI on your driving record for 10 years
• Increased insurance premiums
• SR22 requirement to reinstate a suspended license

The “Three Strikes” Law

Certain DUI offenses fall under California’s “Three Strikes” Law, particularly when there are multiple convictions or when someone causes injury or commits a DUI felony. A fourth DUI within 10 years, or a DUI causing injury, can lead to a felony conviction and penalties, including up to 3 years in prison and a 4-year license revocation.

How OnCall Bail Bonds Can Help

If you or a loved one is arrested for DUI, OnCall Bail Bonds is here to help. Our experienced team is available 24/7 to assist with bail bonds, making the process easier during this stressful time. Contact OnCall Bail Bonds for quick and reliable assistance to secure release from jail and begin addressing your case. We are committed to providing compassionate, efficient service every step of the way.