Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors may be subject to driving disorders based on blood alcohol levels of 0.01 or higher, and CDL licensors may be subjected to blood alcohol levels of 0.04 or higher.
Video DUI laws in California
Penalty
The consequences imposed on DUI include criminal and administrative penalties.
Administrative fine
Administrative fines are imposed by government agencies, such as the Department of Motor Vehicles, and can be potentially levied even if a person is not punished for DUI.
When a driver is charged with a DUI in California, the driver's license is revoked and a 30-day temporary license is issued in place. The driver may request a hearing by the Department of Motor Vehicles (DMV) for the temporary license renewal or authorization to apply for a new permanent license; in many cases, the results of such hearings are a determination that temporary licenses may only be used on the way to and from the workplace until the case is resolved. (If no trial is requested then all driving privileges expire at the end of 30 days, until the judge in a criminal case determines the driver's final disposition.) Apart from the determination of the DMV is a criminal charge; in relation to the sentencing of the presiding judge shall determine the restriction, abrogation, or restoration of the accused's privileges. The cost of a lawyer for a DUI case is usually from $ 2,000 to $ 6,000.
Criminal penalty
If someone in California is punished for DUI, the court may impose the following penalty:
Minimum fine for first confidence
- Approximately $ 1800 in fine
- Average time for first violation: 48 hours, less time served during initial capture until release with own consciousness.
- 90 days limited licenses to go to and from work, and/or to a 3 month certified alcohol care program
- Attended a California-prescribed 3-month alcohol-care program at a cost of $ 500
- Drive suspended privileges after 30 days from the date of capture (enforced by DMV)
- Car insurance now must carry SR-22 insurance certificates for 3 years. Additional insurance fees will be required
- 3 - 5 year trial period
- Possible installation of ignition interlock devices on offender vehicles
- Average total penalties, fees, alcohol treatment programs, car insurance upgrades, and defense lawyer fees DUI $ 7,000 - $ 11,000.
Minimum fine for second violation
( note: This is considered a second offense if the defendant is arrested for DUI within the first 10 years of violation )
- 10 days in jail
- $ 1,800 in fine
- 18-30 months California State's alcohol treatment program approves a $ 1,800 surcharge
- installation of interlock devices on all vehicles owned by offenders
- The driving privilege is revoked for one year from the date of capture (charged by DMV)
- The level of auto insurance increased dramatically, and extended the required SR-22 insurance certificates
- 10 years probation
Minimum fine for third violation
- 120 days in jail
- $ 1,800 in fine (could rise up to $ 18,000)
- Revocation of SIM for 3 years
- Completion of the 30-month multi-drug alcohol program
- Insurance coverage increases dramatically from thousands of dollars, if and when driving privileges are returned
- If charged as a crime: seizure of the perpetrator's vehicle indefinitely.
Maps DUI laws in California
See also
- List of United States alcohol laws
References
External links
Source of the article : Wikipedia
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