California State DUI Laws Have No State Boundaries
Millions of people come to visit California every year. They visit friends, family or landmarks and beaches. It’s a large and beautiful state and has a great deal to offer its visitors. However, since so much of California involves driving, out-of-towners ought to become more familiar with the state’s DUI laws—especially since it is very easy to relax and drink, while on vacation. Most folks who get a California DUI arrest return home and pretend it never happened, or, the chances of it following them to their state are nil. However, this is not the case. For starters, if anyone ever visits California and receives a DUI arrest, you should contact an attorney.
As with most other states, in California, one cannot operate a vehicle with a blood alcohol content of 0.08% or more. And under the state’s zero tolerance for underage drivers law, anyone under 21 driving with a BAC of 0.01%, may be charged and lose their license for one year—in their home state.
California also has an “implied consent law,” whereby simply by driving, one has consented to providing a breath or blood sample to obtain a BAC %, when pulled over. Should one choose to deny BAC tests when pulled over, he/she will be hit with greater penalties including a license suspension of a year or more—and if you’re an out-of-towner, your state will most likely honor California’s charges and also suspend your license.
In many states throughout this country, a DUI conviction in another state counts as a previous conviction under their own state laws. Not too many drivers are aware of this. In effect, if a driver already has a previous DUI conviction, in their home state, and then receives a another conviction for a DUI-related offense in California, the driver may be subject to stricter penalties in their home state, for having multiple DUI convictions.
For more information on defending against a DUI charge, contact an experienced attorney.
California DUI Laws and Penalties
It is estimated that the average adult of about 70kg will reach the .08% limit after drinking three glasses of dry wine, five cans of beer, or four tots of spirits. However, depending on many factors that influence absorption rate, it could be somewhat lower than that. It is very easy to miscalculate your body absorption and the effects of what you have been drinking. Drinking alcohol and driving is a highly ill-advised thing to do. Nevertheless some people persist in making this mistake, and should they be caught, they have only one option – to call a really competent attorney as soon as possible.
The following gives you some idea regarding Californian law on alcohol and driving, so you know where you stand before you make that same mistake.
Probationary drivers are required to have a 0% Blood Alcohol Concentration. In other words, not a drop!
Drivers under 21 may not have a BAC of more than .01%. If they do, it could result in a four-month suspension of their drivers’ licenses and a fine of over 0.
Should drivers under 21 have a BAC of .05% or more they can incur a suspension of their drivers’ licences for a year and pay a fine of over 0.
A blood alcohol concentration of .08% or more is counted as a serious misdemeanour for drivers over 21, even for first offenders.
Anyone charged with driving under the influence of alcohol is commonly known to be guilty of DUI. This is a serious offence with serious consequences. Should you be an offender you will be charged in court, and without a doubt you need an attorney, preferably one who is experienced in DUI court cases.
According to the laws of California here are some general guidelines as to what you can expect the court’s findings to be.
The penalties for first offenders could include:
● 48 hours mandatory jail time or work service
● Their drivers’ licences could be suspended for up to six months. At the judge’s discretion this may be reduced to restricted driving. In other words the driver may be permitted to drive to and from work or school only.
● Court probation of up to five years may be decided.
● A fine up to 00.
Second offenders could face the following consequences:
● Mandatory jail or work service time of 96 hours up to one month.
● Up to two years driver’s licence suspension. Sometimes in the second year a restricted licence may be permitted.
● Up to five years court probation.
● Up to 00 fine.
If you are a third offender, you can expect:
● Mandatory jail time of 120 days to a year, with or without a rehab program.
● Up to three years driver’s licence suspension. Sometimes it may be partially a restricted licence.
● Up to five years court probation or formal probation, requiring regular reporting to a probation officer.
● Up to 00 fine.
If you have committed four or more DUI offences the courts could charge you with a felony. In this case you can expect a minimum sentence of a year in a state prison. You can expect this sentence to be ten years or more if you had an accident while driving under the influence, and caused injury or death to anyone.