California DUI and Drug-related Traffic Offenses
Posted on January 11, 2008
Filed Under Criminal Law, DUI |
In California, there are fifty percent traffic accidents that result in fatality for individuals who drive drunk. These staggering numbers indicate the reason for so many frequent prosecuted offenses. California has increased its enforcement of Drug-related and DUI traffic violations.
A person driving with a blood alcohol concentration of .08 percent is concerned to be in violation of the California DUI law. To drive at a lower blood alcohol concentration than .08 percent may be illegal and is punishable by all States including California. The law will punish commercial drivers who have a blood alcohol level of .04 percent. For drivers who are under 21 years of age, the consequences for driving at .01 percent blood alcohol level are severe. According to the California DUI law, any type of drug that impairs an individual’s driving capabilities is considered a drug-related offense.
Anyone who is convicted of DUI for the first time in the state of California and is 21 years of age or over will face a sentence of 2 days to six months jail time. It may even extend to a $1000 or more fine and suspension of the individual’s driver’s license. Any other subsequent DUI violations that lead to conviction within seven years of the first conviction will result in a mandatory jail time of up to one year and a fine of $1000 or more.
The person who commits this violation may have their driver’s license taken away for 18 months or more and their vehicle may be taken away for 90 days. An individual who is convicted of DUI may get a restricted license if they commit and complete a drug or alcohol treatment program ordered by the judge. A third DUI conviction within seven years of the second violation results in losing the drivers license for three years, a large fine and up to four months of jail time.
California also has precise laws that deal with DUI problems for drivers who are under the age of 21. For a person under the age of 21 years of age that is convicted of a DUI violation, the consequence is the loss of driving privileges for a year. After this one year period, the driver is required to pay a reissue fee of $100 to the DMV and must present and maintain a proof of three years of financial responsibility.
DUI drivers who are underage can have their driver’s license confiscated by the judge for as much as 30 days and any offenses committed within seven years can result in a long period of revoking their license.
California law dictates that if a driver is arrested for driving under alcoholic influence, they are required to have their blood, urine or breath tested. Any refusal of this can result in license revocation. There are some crimes committed by individuals that can also cause their license to be revoked. One such crime that results in license revocation is a minor who possesses a firearm, commits any type of property vandalism or habitually skips schools. If you need help or legal assistance, contact Stephen G. Rodriguez and Associates.
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