TL;DR: San Diego DUI Laws
DUI laws in San Diego follow California state regulations, making it illegal to drive under the influence of alcohol or drugs.
- Legal BAC Limits:
- 0.08% for most drivers.
- 0.04% for commercial drivers and for-hire vehicles.
- DUI vs. DWI: California only uses the term DUI.
- Misdemeanor vs. Felony DUI:
- Misdemeanor: First-time or low-risk offenses.
- Felony: Multiple offenses or cases involving injuries.
- License Suspension: Ranges from 4 months to 4 years based on prior offenses.
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San Diego has more than 1.3 million people living in its borders, and more than 3.2 million people live in its metro area.
With so many residents, not to mention vacationers and other visitors, DUI arrests in San Diego are unfortunately common. Depending on the circumstances, a DUI charge can lead to a license suspension and other consequences.
So, what should you know about DUI laws in San Diego, CA? What are the major laws in place, and how are they enforced? Keep reading to learn more about San Diego DUI laws.
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The Basics of DUI Laws in San Diego
Foundational Info About DUI Laws
DUI is an acronym that represents the term “driving under the influence,” meaning driving a vehicle under the influence of drugs or alcohol. Because automobiles weigh thousands of pounds and can reach speeds higher than 100 miles per hour, many laws are in place to require safe operation.
The California Driver’s Handbook has this to say about DUI laws in the state. “California’s driving under the influence (DUI) laws apply to both alcohol and drugs. It is illegal to drive while under the influence of alcohol or any drug that affects your ability to drive safely.”
Just like laws against reckless driving and speeding, DUI laws also exist to encourage safety and discourage drivers from hurting themselves, other people, and property.
When driving alone or with other adult passengers, the legal limit for blood alcohol content in California is 0.08%. This is also the federal standard and the same BAC limit used across the country.
BAC measurements are dependent on many factors, including weight, gender, and time between drinks. The University of Arizona explains that, for a 140 lbs. woman, one standard drink will raise BAC to 0.032%. For a 220 lbs. man, that same drink would only raise their BAC to 0.017%.
A simple rule of thumb to keep in mind is to have just one drink per hour as a woman and just one or two drinks per hour as a man to avoid exceeding BAC limits. If you drink more than this during a day or night out, the best solution is to find another way to get home and not risk breaking San Diego DUI laws.
BAC limits are more restrictive (i.e. lower) in situations with vulnerable passengers or when the driver is taking on additional responsibility. A lower 0.04% BAC is used when a driver is operating a for-hire vehicle, like a cab, and when the driver operates a vehicle requiring a commercial driver’s license.
It’s important to note that DUI laws are the same across the state. While we’re talking about San Diego DUI laws specifically in this article, the vast majority of the info shared here applies across California.
That’s because criminal laws are generally set on the state level. Municipalities (i.e. cities like San Diego) can and do set their own municipal ordinances. However, these ordinances are usually focused on very minor offenses, those that aren’t as serious as DUI. Local ordinances can supplement or clarify state-level DUI laws, however.
California DUI vs DWI, and Misdemeanor vs Felony DUI
Some states have two charges related to operating a vehicle under the influence: DUI and driving while intoxicated (DWI).
The Law Offices of Kerry L. Armstrong APLC explain that this distinction is not in place in California. So, you may hear DUI or DWI used when referring to these cases. However, DUI is the formal term used in California law and is therefore more common.
The important distinction in San Diego DUI laws and DUI laws across California is misdemeanor vs felony DUI. A misdemeanor DUI is a less serious offense, with jail time if found guilty totaling under one year. A felony DUI is a more serious offense, potentially including a longer sentence (generally longer than one year) and higher fines or other financial penalties.
Misdemeanor DUIs are generally charged by prosecutors when the driver has fewer than three previous DUI convictions across the past 10 years. Misdemeanor DUIs are common when there is no other part of the case that makes the crime more serious, such as reckless driving or having a child in the car.
Felony DUIs are charged when the offender has several past DUIs. They are also used when the circumstances of the case are extreme, when a child is in the car, or when another person is hurt or killed due to driving under the influence.
A DUI conviction in San Diego and across the state can lead to other requirements set by the court. For example, a local resident might have to attend DUI classes in San Diego as part of their conviction or their plea agreement with the court.
License Suspensions in California and San Diego DUI Laws
Besides jail time, a license suspension or revocation has perhaps the most day-to-day impact on people convicted of breaking San Diego DUI laws. License suspensions can range from four months on a first misdemeanor DUI offense to a four-year revocation for a fourth or greater DUI offense, as the San Diego DUI Law Center explains.
Help With DUI Bail Bonds in San Diego
Was your loved one arrested after entering a San Diego DUI checkpoint or while driving in the city or metro area? Bail Hotline is here to help with compassionate, discreet, and professional service. We can help your loved one exit pre-trial holding so you can bring your family back together.
Contact our San Deigo office, open 24/7, to get started!
