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Policies & Laws
dui & bui: under the influence on four wheels or two

DUI (Driving Under the Influence)

  • If you are 21 or older, the legal limit for your Blood Alcohol Content (BAC) is 0.08
    • Even though the legal limit is 0.08, at a BAC of 0.04 the police can still pull you over and give you a “Wet and Reckless”. This is because at a BAC of 0.04, judgment is impaired and reaction times are slower.  If you get a DUI anytime after this Wet and Reckless is issued, the Wet and Reckless will turn into a DUI.
  • If you are younger than 21, the legal limit for Blood Alcohol Content is 0.01.  This may include any detectable alcohol in your bloodstream or on your breath.

DMV Consequences

  1. According to the Driver’s Handbook from the California Department of Motor Vehicles (DMV), you are required by law to submit to a chemical test to determine the alcohol and/or drug content in your blood.
    1. If you are 21 or older and your chemical test results show a 0.08% BAC or more:
      • 1st offense: 6 month license suspension
      • 2nd or subsequent offense within 10 years: 2 year suspension
    2. If you are younger than 21 and your chemical test results show a 0.01% BAC or more:
      • 1 year license suspension
    3. If you are 21 or older and you refuse to take the chemical test:
      • 1st offense: 1 year suspension
      • 2nd or subsequent offense within 10 years: 2 year license revocation
    4. If you are younger than 21 and you refuse to take the chemical test:
      • 1st offense: 1-year suspension
      • 2nd or subsequent offense within 10 years: 2 year license revocation
  2. Your license is confiscated at the time of arrest.
  3. To drive around you will be issued an Order of Suspension and a temporary license.  This allows you to drive for 30 days from the date the Order of Suspension was issued (given your license is not expired and your driving privileges have not been revoked).
  4. The officer forwards a copy of the completed notice of suspension, the confiscated driver’s license, and a sworn report to the DMV.  The DMV will then will conduct an administrative review that examines the officer’s report, suspension order, and any test results.  If the suspension is upheld, you can request a hearing to contest the suspension.
  5. To get back your license at the end of your suspension, you will need to pay a $125 reissue fee to the DMV and file proof of financial responsibility.  If you are under 21, the reissue fee will be $100.
  6. If you need a restricted license to get to and from work, you will have to apply for a restricted license at a DMV office.

Fines & Legal Consequences

The legal consequences of a DUI can include a monetary fine, jail time, and documentation on your driving record.  However, the cost and fine related to a DUI are difficult to assess because it varies by jurisdiction and situation. The approximate cost of a DUI in Yolo County is $9,000.  This includes the cost of a lawyer, the car impound fees, the booking fee (taking your mugshot and fingerprints), the cost of the DUI fine, the cost of DUI classes, and the mandatory donation to the Drunk Driving Victims Fund.

To put this all into perspective, with over $9,000 you can buy

  • 750 movie tickets with a large popcorn and soda
  • 450 x-large 2-topping pizzas from Woodstocks
  • 1547 main salads from Pluto’s
  • 2571 Grande Mochas from Starbucks
  • 500 new release DVDs
  • Round trip tickets for you and 18 friends to New York City
  • A good used car
  • 4 quarters of tuition at UC Davis

BUI (Biking Under the Influence)

In California, a bicycle is considered a moving vehicle (which is why you can’t ride your bike on sidewalks).  It is against the law to ride a bicycle on a street or highway while under the influence of alcohol or drugs.  If you are 21 or older, the BAC limit is 0.08; if you’re younger than 21, the BAC limit is 0.01. 

The consequences for a BUI are a fine of up to $250 and possible documentation on your driving record.  If you are under 21, your driving privilege will be suspended for 1 year or delayed for one year once the person is eligible to drive.

Other Laws Related to Cars and Alcohol

  • It is against the law for a driver and any passengers to drink alcohol while the car is on the highway or “lands.”
  • It is against the law for a driver and any passengers to have an open container (classified as the seal being broken) of alcohol in the car while it is on the highway or “lands.”
  • If you are under 21, you are not allowed to transport any alcoholic beverage in your car without an accompanying adult of legal drinking age.

 

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