Over the Memorial Day weekend, CHP officers were out in full force and focused on keeping California’s roads safe. Unfortunately, 22 fatal crashes resulted in 23 lives lost—including 9 individuals not wearing seat belts and 2 pedestrians.
During this enforcement period, our officers made 1,135 DUI arrests statewide, working around the clock to prevent impaired driving and protect lives.
These numbers are a sobering reminder that every choice behind the wheel matters. Buckle up. Drive sober. Stay alert.
The California Highway Patrol remains committed to providing the highest level of Safety, Service, and Security to everyone who travels our roadways.
Driving under the influence (DUI) and not wearing a seatbelt are serious offenses in California, and enforcement often increases during holiday weekends like Memorial Day. Here’s a breakdown of the typical penalties:
Penalties for DUI Arrest in California
The penalties for a DUI in California are significant and escalate with each subsequent offense within a 10-year period. Factors like causing an accident, having a high Blood Alcohol Content (BAC), or having a minor in the car can also lead to harsher penalties.
First DUI Offense (within 10 years):
- Jail Time: Typically 2 days to 6 months, though alternatives like sheriff’s work projects or community service may be possible.
- Fines: Base fine of $390 to $1,000, but with added fees and penalty assessments, the total cost can be thousands of dollars (often cited as over $10,000 including fees and legal costs).
- DUI Program: Mandatory attendance in an alcohol/drug education program (3, 6, or 9 months depending on BAC).
- Driver’s License Suspension: A minimum of 6 months. After 1 month of no driving, a restricted license may be available, allowing driving to and from work and the DUI program.
- Probation: 3 to 5 years of informal probation.
- Ignition Interlock Device (IID): May be required, especially in certain counties, for a minimum of 5 months.
Second DUI Offense (within 10 years):
- Jail Time: Minimum of 10 days, with 4 days usually required in jail. Can be up to 1 year.
- Fines: Similar base fines, but total costs will be higher.
- DUI Program: Longer program, typically 18 or 30 months.
- Driver’s License Suspension: 2 years, with IID restriction potentially available after 3 months.
- IID: Mandatory for 1 year.
- Probation: 4 years informal probation.
Third DUI Offense (within 10 years):
- Jail Time: Minimum 120 days to 1 year.
- Fines: Similar base fines, but total costs will be very high.
- DUI Program: 18 months.
- Driver’s License Suspension: 3-year revocation, with IID restriction potentially available after 90 days.
- IID: Mandatory for 2 years.
- Probation: Generally 5 years informal probation.
Fourth or Subsequent DUI Offense (within 10 years):
- Often filed as a felony.
- Jail/Prison Time: Minimum of 6 months (180 days), with potential for state prison.
- Fines: Substantial.
- DUI Program: 18 months.
- Driver’s License Revocation: 4-year revocation.
- IID: Mandatory for 3 years.
- Being labeled a felon has significant long-term consequences.
Important Considerations for DUI:
- DMV Administrative Suspension: Separate from criminal court, the DMV will automatically suspend your license after a DUI arrest. You have only 10 days from the arrest to request a DMV hearing to challenge this suspension.
- Refusal to Take a Chemical Test: Refusing to take a breath or blood test after a lawful arrest carries additional and harsher penalties, including longer license suspensions.
- Aggravating Circumstances: Higher BAC (.20% or more), involvement in an accident, driving with a child under 14, excessive speeding, or reckless driving can lead to increased penalties.
Penalties for Driving with No Seatbelt in California
California has primary seatbelt laws, meaning an officer can pull you over solely for a seatbelt violation.
- Fine: The base fine for not wearing a seatbelt as an adult is $20 for a first offense and $50 for subsequent offenses. However, with additional fees and penalty assessments, the total cost for an adult seatbelt ticket is typically around $162.
- Children: If a child under 16 is not properly restrained, the driver can face a fine of approximately $490 and may receive one point on their driving record.
- No Points for Adults: For adult seatbelt violations, no points are assessed on your driving record, which means it generally won’t directly impact your insurance rates or lead to a negligent operator suspension.
- Traffic School: For a first offense, some courts may allow attendance at traffic school in lieu of the fine, provided the school includes instruction on proper seatbelt usage.
- No Criminal Charges: Not wearing a seatbelt is an infraction, not a criminal offense. There’s no potential for jail time or other criminal penalties.
- Failure to Appear: Ignoring a seatbelt ticket and failing to appear in court as promised can lead to a new charge (failure to appear), which is a misdemeanor and can result in much higher fines and even jail time.
- Impact on Accident Claims: While not wearing a seatbelt won’t prevent you from filing a personal injury claim if you’re involved in an accident caused by another driver, your compensation may be reduced if it’s determined that your injuries were aggravated by your failure to wear a seatbelt (California is a comparative fault state).
It’s clear that both DUI and seatbelt violations carry significant consequences in California, underscoring the importance of safe driving practices.
