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What Is the law regarding driving under the influence ? | |
Mandatory DUI
alcohol programs (90 days or 6,18,30 months) See provider list at:
http://www.dui-help.com/fopnumbers.html
DMV DUI driver's
license: suspension, restriction .Four month suspension for a 1st offense
and a 1 yr. suspension for a 2d offense or Refusal. DMV 916-657-0214
http://www.dmv.ca.gov
California's Two "Drunk Driving" crimes.
1. It is a crime in California to Drive "Under the Influence" of alcohol or drugs (legal or illegal). Vehicle- Code 23152 (a).
2. It is a crime in California to Drive with an alcohol level at .08 "BAC" or above. California-Vehicle-Code 23152(b).
California DMV Admin License Suspension
The police "snatch" the California Drivers license immediately and issue an "Order of Suspension" and "Temporary License" document (pink) good only for 30 days before "automatic" suspension.
No automatic suspension, without a hearing, if the driver requests a hearing within 10 days. The DMV must extend the time for legal driving with a "Stay", until a hearing can be conducted. (This can extend the driving time by months).
No Suspension ever takes effect unless the DMV proves 1)Reasonable Cause to Arrest for DUI, 2) an alcohol level of .08 or above at the time of driving, and 3) lawful arrest for DUI.
A "Refusal" to submit to and complete a blood or breath test, unless successfully challenged, results in a one year license suspension. DMV must prove elements including lawful arrest and advisement.
Under 21 years of age with a measurable amount of alcohol i.e. BAC .01
Miscellaneous DUI Laws
It is illegal in California to drink
any alcoholic beverage in a motor vehicle on a public roadway – even
if the car is parked.
If you are driving in a reckless
manner, and exceeding the maximum speed limit by
30 mph on a freeway, or 20 mph on any
street or highway, an additional 60-day jail penalty
may be
added to your sentence.
It is illegal to operate a commercial vehicle with a BAC of .04 or higher. Law enforcement can prohibit any commercial driver from driving for 24 hours if he or she has a BAC of over .01.
Your insurance costs will probably increase for your family. If you have to drive for your job, your employer's insurance rates may rise or you may not qualify for employment in areas where insurance rates are negotiated based upon drivers without DUI convictions.
For a first or a second DUI conviction, your car can be impounded for a period of 1 to 30 days at your expense. Frequently car impoundment will be avoided. If there is a third conviction in seven years, your car can be impounded for 1 to 90 days. If you have two or more previous convictions within seven years, the court can order your car sold. After administrative fees, the proceeds of the sale would go to the city or county in which the violation occurred to pay for community based adolescent substance abuse programs.
If you have three or more DUI convictions, this subjects you to Felony charges.
Accident with injury is a Felony offense.
If you are driving under the influence with a child under the age of 14 years in the vehicle, an enhancement of time in jail will be added You may also be charged with child endangerment, which could be punishable by a state prison sentence.
The absolute best resource for California Drunk Driving Law is the 2 volume Treatise by Ed Kuwatch. He wrote it for Lawyers& Judges, and it is a continuously current and updated treasure trove suitable for the DUI Specialist Attorney or the committed "wanna-be". DUI California The famous Guru of California DUI Law, Ed Kuwatch, has the book on Drunk Driving Law in California. If you want the law of California DUI this is "the Bible" of Drunk Driving Defense. Mr. Moore is proud to be a contributing Editor to California Drunk Driving Law.
California DUI Vehicle Code(California Drunk Driving Law) Vehicle Code 23152 Driving Under The Influence of alcohol ( or drugs) Violation of 232152 a) or b) is a misdemeanor crime. A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available). A felony DUI ( 23153 vehicle code) involves either: 1. injury, or 2. three prior convictions within 7 years (and other situations). Penalties could be as much as 12 months in County Jail or years in a state prison.
(a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to
drive a vehicle. Definition: "under the influence" A person is under the influence of intoxicating liquor when as a result of drinking such liquor his physical and mental abilities are impaired so that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. "Under the Influence"-Defined (legal-CALJIC 16.831): A person is [under the influence of an alcoholic beverage] [under the influence of a drug] [under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage] [using a drug] [his] [her] physical or mental abilities are impaired to such a degree that [he] [she] mo longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. [If it is established that a person is driving a
vehicle [under the influence of an alcoholic beverage] [under the
influence of a drug] [under the combined influence of an alcoholic
beverage and a drug], it is no defense that there was some other cause
which also tended to impair [his] [her] ability to drive with the
required caution.] DUI-driving
under the influence Misdemeanor [Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision [(a)][(c)] of the Vehicle Code, a misdemeanor.] Any person who while [under the influence of any alcoholic beverage] [or] [under the influence of any drug] [or] [under the combined influence of any alcoholic beverage and drug] [or] [addicted to the use of any drug] drives a vehicle is guilty of a violation of Vehicle Code section 23152, subdivision [(a)][(c)], a misdemeanor. [The term "drug," as used in this instruction, means 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] [her] ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of [his] [her] faculties, using reasonable care, would drive a similar vehicle under like conditions.] VC23152 subsection (b) states: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle. (legal-CALJIC 16.830.1): [Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision (b) of the Vehicle Code, a misdemeanor. Every person who drives a vehicle with 0.08 percent or more, by weight, of alcohol in [his] [her] blood is guilty of a violation of Vehicle Code Section 23152, subdivision (b), a misdemeanor. In order to prove this crime,, each of the following elements must be proved:
2. At the time, the driver had 0.08 percent or more, by weight, of alcohol in [his] [her] blood. Legal presumptions about levels of alcohol in the blood are stated
in presumptions about under the influence are stated in another law VC
23155.VEHICLE
CODE SECTION 23152-23229.1 : 25291 bytes. California Drunk Driving LawCalifornia State Law |
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