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
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Like every other country, California has a BAC "per se" limit of 0.08% based on California Vehicle Code Section 23152 (b); and under the above-mentioned federal law, a 0.04% lower limit for drivers who hold a commercial driver license (CDL). California also has a 0.01% limit for drivers who are under 21 years old or on probation for previous DUI violations under California Vehicle Code Section 23136 and 23140. California also makes it illegal for people on probation for DUI conviction to drive with blood or breath alcohol concentrations of 0.01% or more based on Vehicle Code Section 23154. Although the presence of BAC 0.01% or greater does not necessarily result in prosecution for driving under influence, it would expose the driver to one or two-year suspension through administrative measures by the California Department of Motor Vehicles. If the same person has a 0.08% or greater BAC, he will ask for what is called a "double action", which means a suspension for driving with a 0.08% or greater BAC and a suspension for driving with a BAC of 0.01% or larger when in DUI Experiment.
In California, within Mercer v. DMV (1991) 53 Cal.3d 753, the California State Supreme Court contrasted the term "drive," which is generally understood to require the movement of the will of a vehicle, with the term "driver," defined in California Vehicle Code Ã,§ 305 as a person either driving or in actual physical control. The court shows that the phrase "real physical control" does not appear anywhere in drunk driving driving legislation. Furthermore, the court notes that since the "driver" is defined as a person who is driving or in actual physical control, the two terms (drive vs. actual physical control) must have a different meaning. Establish this criminal law strictly, not extensively, as requested by Keeler v. High Court Amador County (1970) 2 Cal.3d 619, 631, the court stated that actual physical control is not enough to shape the driving. Therefore, the term: "drive", at least for the purposes of drunk driving legislation, requires the movement of the will of the vehicle. In reaching this conclusion, the California Supreme Court stated that in everyday use the phrase, "driving a vehicle," is understood as requiring evidence of a vehicle's will movement. Many dictionary definitions-including Webster's Third New International Dictionary (1981), cited by the Court of Appeal in the case that led to the California Supreme Court's review of the case supported the definition of "drive" that included movement. (See, e.g. Id ., In p.Ã, 692.) fn. 5. The Mercer Court argues that they believe that this definition is consistent with the usual and ordinary understandings of the term, and suggests the meaning in which the word is intended by the Legislature in the current context.
Maps DUI laws in California
Statute
The earlier "catch-all" California provisions were found in California Vehicle Code Section 23152 (a); but the new law made effective on January 1, 2014, two new sections were made to make parts that specifically deal with people who were accused of driving under the influence of drugs, (which includes prescription drugs if it can be shown that the drug -the drug interferes with the driver), and driving under the influence of alcohol and drugs.
- CVC 23152 (a): It is unlawful for anyone who is under the influence of alcohol or drugs, or under the combined influence of alcoholic beverages and drugs, to drive a vehicle
- CVC 23152 (b): It is unlawful for anyone who has 0.08 percent or more, by weight, alcohol in his blood to drive a vehicle.
- CVC 23152 (e): It is unlawful for anyone under the influence of any drugs to drive a vehicle
- CVC 23152 (F): It is unlawful for a person who is under the combined influence of alcoholic beverages and any drugs to drive a vehicle.
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 outcome of such hearings is 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.
See also
- List of United States alcohol laws
- Drunken drivers in the United States, including Investigations and arrests sub-sections
References
External links
Source of the article : Wikipedia
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