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Laws governing Driving Under the Influence (DUI)/Driving While Intoxicated (DWI) offenses that occurred on or after September 20, 2005 have been changed by the California Legislature.   The change in the law affects the drivers license suspension to the terms of probations.  A California attorney who specializes in drunk driving defense can explain how the legislation will impact offenses committed after the new laws took effect.
Under the old law, the court could order the suspension of the license, but only the DMV could actually suspend it.  Under the new law, only the DMV can suspend a license, either through an administrative per se hearing or because of a DUI criminal conviction.  The courts are now completely uninvolved in license issues.  The authority to suspend or restrict a driver’s license is now solely within the discretion of the DMV.
Under the new law, a driver convicted of a first-time drunk driving offense will automatically have his or her license suspended for six months by the DMV.  The driver can immediately apply for a restricted license to drive to work and attend alcohol classes.  Under the old law, the driver had to wait one month to apply for a restricted license.
In the past, courts used the level of .20 percent blood alcohol content (BAC) as a guideline to determine the duration of the alcohol education program the driver had to attend.  The new benchmark is now at .15 percent BAC.  If your BAC was .15 or more, the court has discretion to order a longer program.
The new law also affects probation on a first-offense DUI.  Under the new law, any driver who declines probation receives a mandatory jail sentence of 96 hours, 48 hours which needs to be served continuously, with the remainder to be served within six months.
If a driver accepts probation, there is now no mandatory jail time required by the law, but a judge can decide to send the driver to jail for 48 hours to six months as an additional condition of probation.
The base fines remain the same under the new law.  However, the penalty assessments imposed by the state nearly triple the fine.  The fines for a first-offense DUI remain $390 to $1,000.  Penalty assessment is 171 percent of the fine.  If a base fine is $100, penalty assessment increases the total fines to $271.
For a driver arrested for a second DUI within 10 years, the DMV will now automatically suspend the license for two years.  Again, the court is not involved in license suspensions.  However, the court must refer the driver to an alcohol education program ranging from 18 months to 30 months.
A driver whose license is suspended for two years for a second-offense DUI / DWI can now apply for a restricted license after one year only if he or she is enrolled in alcohol education classes, has an ignition interlock device, files proof of insurance, and pays all costs involved in fulfilling the conditions. This means an automatic one-year license suspension for drivers convicted of a second-offense DUI. In the past, a second offender could skirt this automatic suspension with a successful DMV APS hearing and an application to the court for a restricted license. Now, the only chance an individual facing a second drunk driving charge within 10 years has of retaining driving privileges during that year is to fight the case with the help of an experienced DUI / DWI attorney.
Drivers with a second drunk driving arrest within 10 years who accept probation now face 10 days to one year in jail, or 96 hours in jail split into two stints. A driver sentenced to the longer of the two options likely can serve the term in a work-release program or other alternative sentencing program. Drivers who decline probation face a jail sentence ranging from 90 days to one year.
For drivers facing a third- or fourth-offense DUI, there are no changes; they can expect 120 days in jail, fines, fees, and a three-year license suspension.  Once the alcohol education classes are completed, the driver may apply for a restricted license after 18 months.
New regulations affect drivers charged with DUI involving injury to another driver.  Drivers who accept probation face five days to one year in jail, fines and fees, and alcohol education courses.  Drivers who decline probation face jail sentences of 90 days to one year.  Both will lose their driver’s license for one year, and there is no provision for a restricted license on a first-time DUI with injury conviction.
For a second offense DUI involving an injury to another person other than the driver, those who choose probation will receive 30 days to one year in jail with alcohol education classes, or 120 days to one year with no alcohol classes.  Drivers who decline probation face a jail term of 120 days to one year.  Both face fines and a three-year license suspension, with a restricted license available after 18 months if the driver completes an 18-month education program.
The new laws affecting accused drunk drivers present unique challenges and obstacles.  Don’t rely on word of mouth or the advice of anyone other than a California lawyer, who specializes in DUI defense and can explain the new legislation and help drivers navigate both the court and DMV processes. 

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