June 25, 2008
California DUI Laws and Punishments
By admin
DUI is a serious problem plaguing our nation and because of this stricter DUI laws and punishments have swept the country. A majority of the 50 states are members of a group that shares DUI conviction and driver’s license action information among the other member states; 45 of which are members. California is no exception and has adopted a blood alcohol content limit of 0.08%, as has most of the country.
Once arrested in California for a DUI offense you have a period of ten days from the time of your arrest to request a hearing from the Department of Motor Vehicles to retain your license. Failure to have a hearing scheduled within the ten day window will result in an automatic suspension of their license on the 30th day after their arrest.
In the state of California you can be charged under one of two laws; an impairment law or a per se law. The impairment law uses the driver’s ability to operate their vehicle with the same caution as when sober to determine if the person should be charged. This is California’s legal standard for being under the influence of alcohol. To be charged with the per se law you’re blood alcohol content needs to meet or exceed 0.08%. When charged with a per se offense you only need to meet the chemical requirements. Even if you were able to drive perfectly without swerving, or being erratic, you can still be convicted of a DUI under the per se law.
For a first offense you will have your license suspended for a minimum period of four months (if you do not win your hearing with the DMV). If you refuse a chemical test you will face a one year suspension without the possibility of a restricted license. A first offense carries a jail term of up to six months, a $1500+ fine, DUI classes, and a possible six month license revocation. You also may be eligible for probation, which on average lasts for three years.
Your license will be suspended for a one year period on a second offense. Refusal of testing on a second offense will result in a two year suspension. Multiple offense DUI cases carry a mandatory jail sentence, completion of an eighteen-month alcohol education program, and you will also be required to have an ignition locking system installed on your vehicle. You may also face jail time, fines, DUI classes, ignition lock installation, or probation for a second offense.
If convicted of a third DUI offense you will face a two year suspension of your license. Refusing a chemical test on a third offense will cause you to receive a three year suspension of your driving privileges. You may also face jail time, fines, DUI classes, ignition lock installation, or probation for a third offense.
After a fourth arrest, anyone with three prior DUI offenses within the previous ten years, will face felony charges. If you injure another person while driving under the influence you also may be charged with a felony offense. Also, if you are charged with a felony DUI within ten years of a previous felony DUI you will face felony charges on the new offense.
Topics: State Laws |
June 25th, 2008 at 11:31 am
[...] Natural Babies wrote an interesting post today onHere’s a quick excerpt DUI is a serious problem plaguing our nation and because of this stricter DUI laws and punishments have swept the country. A majority of the 50 states are members of a group that shares DUI conviction and driver’s license action information among the other member states; 45 of which are members. California is no exception and has adopted a blood alcohol content limit of 0.08%, as has most of the country. Once arrested in California for a DUI offense you have a period of ten days from the ti [...]