Tough as the Dickens California DUI Laws

The most frequent violent crime committed in California is driving
while under the influence of alcohol. The statistics are appalling.

California has an unenviable record of having the highest number of
wrongful deaths caused by drunk drivers. In fact, the statistics show
that on average, every year, over 42,000 people are killed in alcohol
related crashes nationwide. In California, the yearly number of those
killed in crashes is 4,229 with 36% of those being alcohol related
deaths or 1,509; a staggering number of needless deaths.

It would then make sense that the laws in the Golden State are as
tough as the dickens and that California leads the nation in DUI
arrests. Law enforcement is deadly serious about stopping drunk drivers
from killing others. Thanks to the state having two statutory offenses
for DUI it is easier to make more arrests.

The first offense is called DWI, DUI or OWI meaning driving while
intoxicated or impaired, driving under the influence, or operating a
vehicle while impaired. No matter what it is called, charges laid for
these offenses are based on police observations that include slurring
while talking, driving erratically and possibly a roadside sobriety
test. Other things will likely happen at the same time and they may
include immediate suspension, a field sobriety test and checking
ignition interlocking devices installed in the vehicle (if any).
The second offense is referred to as being “illegal per se.” This
simply means that a person is driving with a blood alcohol content of
0.08% or higher. This has actually been an offense since 2002 in all 50
states.
The thing to remember about going to court in California is that
offenders may find themselves facing a wide variety of penalties
depending on the charges, e.g. causing death, personal or property
damage and injury. Generally speaking, a first time offender may face
jail time and/or probation from three to five years, pay a fine and
lose their license for six months. This tends to vary with the
specifics of the case and each case is different given the
circumstances so “one shoe does not fit all” when it comes to
punishment on conviction.

Second offenses within seven years of the first offense may face
more jail time, fines of up to $10,000 and suspension of driving
privileges for not less than three years. Again, the facts of the case
will make the difference in how it is handled when or if it does get to
court. Interestingly enough, there are two schools of thought on
automatically finding drivers guilty. Some attorneys feel a driver then
loses their right to have a trial by jury. On the other hand, there are
lawyers who argue that legal per se is a preventative measure to stop a
drunk driving death every 30 minutes. Suffice it to say that the “jury”
is still out on this issue and in the meantime, the DUI justice system
carries on.

If the convicted offender chooses to continue to drink and drive,
each subsequent offense nets longer jail terms and higher fines. If
that person hits their fourth charge, this is considered to be a felony
DUI. Felony DUIs definitely require the expertise of a skilled attorney.

To learn more, visit Lawbarron.com.