In California, the DUI law is expanding to not just drunk driving, but also drugged driving. In its simplest terms, driving under ANY type of influence will land you in court defending yourself against DUI charges. On January 1, 2022, two new sections were added to the DUI law, section 23152 and section 23153. The recent changes in state law were specifically aimed at the rising driving under the influence of drugs in California (DUID).
One such new state rule for DUI offenders is in regards to California Breath Alcohol Ignition Interlock Device laws in 2022. It is is important for every driver to realize the costs and problems with driving with an interlock device, and the best possible winning legal defenses for how to get out of the IID requirement before a local CA DMV hearing to determine whether a driver’s license status will be suspended or not.
The new sections make it illegal for the operator of any vehicle to be under the influence of any type of drug, this would include prescription drugs, which can affect a person’s ability to safely operate a vehicle. Section 312 of the California Vehicle Code states that a drug is, “… any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.”
California is seemingly seeing a significant rise in vehicle operators abusing both alcohol and drug combinations (including prescription medication). This abuse has led to an increase in accidents and fatalities involving motor vehicles. This growing DUI issue has been a problem for several years now, hence the urgency of legislators to introduce these new laws and the best California DUI lawyers finding new winning legal defenses that work to get charges dropped in court.
Because of this ongoing problem, California is becoming proactive through educating its officers on the signs of DUID. The state is hoping the extra education will not only make it’s officers more able to recognize drivers under the influence of drugs, but also that public knowledge of these programs will serve as a deterrent to those individuals abusing their driving privileges.
However, when a police officer asks a person to take a field sobriety test and fails according to the officer, many CA drivers are not even aware in the first place there is no current state law against refusing roadside field sobriety tests. This is a prime reason why any person who gets charged with DUI in any local jurisdiction of California today, have a trusted free DUI arrest review to ensure there were no legal rights violations with field sobriety test protocol which can have the entire DUI case dismissed.
As far as actual DUI law, the state remains one of the strictest in the country. Below you will find the new DUI laws California 2022 fines and penalties for all offenders:
1st Time Offenders
- $1,400 to $2,600 in fines and penalties
- Mandatory 4 days to 6 months jail sentence
- Suspension of license from 30 days to 10 months
- All counties require the installation of an Ignition Interlock Device (IID)
2nd Time Offenders
- $1,800 to $2,800 in fines and penalties
- Mandatory 10 days to 1-year jail sentence
- 2-year suspension that can be reduced to one year
- Mandatory IID installation
3rd Time Offenders
- $1,800 to $18,000 in penalties and fines
- Mandatory 3-year license suspension
- Mandatory 120 day to 1-year jail sentence
- Mandatory IID installation
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Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
I have a DUI from 2010 and I just decided to take care of it last month. I am enrolled in DUI class but I’m still ordered to do my test. Can I get help for this first DUI conviction since it’s been long time? I need to get my temporary license to drive to work.
Please call me and let me know. Thank you.
The California DMV will show you what you need to do to get your license back or a restricted. In most cases they will allow you to drive unrestricted if you install an ignition interlock device.
I got a DUI in 2013 in Alameda CA and I call DMV and they told me that I have to put an Ignition Interlock in my car for 3 years, this correct is almost 10 years of this happening , I was not told at DMV of this before until now, can you send me something on this so I can make sure that this is is correct information . Thank you
Do insurance companies still pay for damage to cars someone has hit and the car the person who is getting the DUI is also damaged? My daughter-in-law just got a DUI and leaving the scene of an accident, and charged after hitting 2 cars on her way out of the parking lot where she had been drinking at the bar.
She was caught as one of the people whose car she hit followed her home and then called the police. She has been an alcoholic for some time now and we have been trying to get her into rehab. Her court date is not for 6 months due to the back-up due to COVID.
The bail bondsman she got told her not to go into rehab or say anything about having a drinking problem. She said she’s going to plead not guilty to DUI and I told her she would get in more trouble by pleading that way. I mean, what kind of reason can she give for hitting 2 cars? Thanks for any thoughts you may have on these questions.