If you have been arrested for DUI or DWI your charges will result in either a misdemeanor DUI charge or a felony DUI charge. Every year, countless California drivers are arrested for DUI or driving under the influence of alcohol. Unfortunately, a DUI arrest is an extremely serious charge levying a number severe criminal penalties on California citizens if they find themselves convicted of the offense. In fact, California DUI penalties are some of the most serious in the entire country. Like how it is in every other state, it is against the law to operate a motor vehicle if you have a blood alcohol content (BAC) of 0.08% or higher. Any person caught driving with a BAC above 0.08% can be legally considered impaired—regardless of how he or she …show more content…
Under state law, any driver with a BAC of 0.08% or higher is considered legally intoxicated and can be arrested for drunk driving, regardless of his or her driving abilities. However, underage drivers, can be charged with DUI if a chemical test detects even a small amount of alcohol in their bloodstream—in other words, a BAC above 0.00%. Commercial drivers, on the other hand, are considered impaired with a BAC of 0.04% or higher. You can also be charged with DUI if you refuse to allow an officer to determine your blood alcohol content by administering breathalyzer or other chemical test. The penalties for driving under the influence vary based on the circumstances of your arrest. Like any other criminal offense, a DUI can be classified as a misdemeanor or felony. While most DUIs are misdemeanors, if you are a repeat offender (meaning you have three or more prior drunk driving convictions on your record), or were involved in a serious auto accident, you will most likely face felony charges. Assuming you are not a repeat offender, three requirements must be met for your DUI to be treated as a felony: the driver must commit a traffic violation, such as running a red light or speeding; secondly, he or she must have injured a third-party; and finally, that injury must have been caused by the violation in question. If all three of these factors cannot be proven, then the
The facts are plain and simple, that alcohol and driving do not mix. About three in every ten Americans will be involved in an alcohol related crash at some time in their lives. Every single injury and death caused by drunk driving is totally preventable. To curb this national travesty, concerned Americans need to examine the problems, the effects, and the solutions to drunk driving. First of all, America has had a problem with drunk driving since Ford perfected the assembly line. Alcoholism is a problem in and of itself, but combined with driving can have a wide range of effects. The consequences of this reckless behavior can include a first time DUI or licenses suspension; a small fender bender, or worst of all a deadly crash. Most drivers that have only one or two drinks feel fine, and assume they are in control, which is irresponsible and dangerous. Alcohol is a depressant that slows down the body's ability to react and impairs judgment. To drive well, you need to be able to have a quick reaction time to avoid accidents. Unfortunately, people continue to drink and drive. However,...
Misdemeanors are crimes that are typically punishable by no more than one year of local county jail time and have no more than a $1,000 fine. Misdemeanors can range from very minor to very severe. Misdemeanors are less severe Crimes that are considered misdemeanors include DUI’s, petty theft, driving with a suspended license, vandalism, prostitution, possession of drugs, not allowing an officer to search or inspect, failure to stop if law enforcement is trying to pull you over, refusing to show your license to a police officer, causing injury with a motor vehicle when driving with a suspended or revoked license, hit and run, driving in the wrong direction, drag racing, throwing an object at another vehicle on a freeway, failing to install a court ordered ignition interlock device within the 30 day grace period, and reckless driving. Misdemeanors typically proceed with an arrest, an arraignment, a pretrial and then a court or jury trial. During the arrest stage you will be taken to jail. The jail will do one of three things, either you will be let out of jail with no charges fil...
Drunk driving has been an increasing problem for many years. One issue that contributes to this is that in the United States it is actually legal to drive with a certain alcohol percentage. The blood alcohol limit is 0.8 percent (Drunk Driving). This means that a person may drive legally as long as they have a blood alcohol percentage of 0.8 percent or under. However, even at a percentage of 0.3 there may be some impairment of alertness and concentration (Drunk Driving). Driving requires fast reflexes that may be impaired at a 0.5 percent blood alcohol level but a person with this level of intoxication is not legally drinking and driving. Many people are arrested for drunk driving. In 2009, more than 1.4 million drivers were arrested for driving while under the influence (Drunk Driving). In addition, “an average drunk driver has driven drunk 80 times before their first arrest” (Get Involved). Therefore, there were a minimum of 112 million accounts of drunk driving in 2009 alone. Drunk drivers also cause an increasing number of deaths. Drunk drivers in the United States c...
Drunk driving is a severe offense around the world and if caught driving under the influence severe punishment follows. Taking cold showers or drinking water or strong coffee cannot remove the blood alcohol content in the body. Only time can remove all alcohol from the body. Most people that drive under the influence of alcohol are knowledgeable that they are intoxicated; however, they make themselves believe that they are stable enough to operate a motor vehicle. Many fatalities can be caused by drunk driving, such as becoming a paraplegic or even worse death.
First, people who want a license would have to study a written manual with facts about alcohol and the law (Brake 136). Next, they would have to be able to pass a written test. If someone gets in alcohol related trouble, the license would be taken away. If they do not have a license, they will have to receive treatment along with attending Alcoholics Anonymous (136).
In an attempt to combat the issue of DUIs, a national minimum BAC level of 0.02 has also been set for drivers under age twenty one and has reportedly saved hundreds of lives for drivers between the ages of eighteen to twenty years. Educational programs in schools and communities focused on the advantages of using “designated drivers” as well as public education and lobbying groups; such as Mothers against Drunk Driving (MADD) and Students Against Drunk Driving (SADD) have also yielded positive effects in the reduction of DUIs (Levinthal, 2011).
Therefore, the NTSB put out a recommendation last May that the legal blood alcohol content (BAC) level for drivers should be lowered from the current level of.08% to.05%. But for several reasons, we shouldn’t lower the criterion on blood alcohol content. Lowering the criterion on blood alcohol content would make a lot of responsible social drinkers become criminals. A 170 pound man could get to.05 by drinking three beers in an hour, and a 137 pound woman by drinking just two, which means that the man could be legally impaired if he had three drinks, but the woman could earn a set of handcuffs with only two drinks. According to “Lower the BAC level for DWI to.05%,” Jazz Shaw makes a similar point.
Driving under the influence is measured by a person’s blood alcohol level (BAC). BAC is determined by the concentration of alcohol in the bloodstream. Individual counties and states have their own legal level on blood alcohol percentages that they measure a person’s BAC to determine if they are intoxicated while behind the wheel. “Everywhere in the United States it is illegal to drive with a BAC of 0.08% or higher” (DUI Foundation).
Many people use alternative methods of transportation in Pennsylvania other than a passenger motor vehicle or public transportation. You will see people riding bicycles, scooters, and even skateboards to get to where they need to go, especially around Pennsylvania colleges and universities. Many people are walking to work in order to save money and improve health. In the country, you’re likely to see the Amish using their horses and buggies.
In recent years, prosecutors have charged drivers who have killed while under the influence with first degree murder. Drivers under the influence made the decision to drive knowing they were incapacitated and were accused of turning their vehicle into a murder weapon. Under California law, however, these charges would most likely be considered second degree murder.
Drunk driving is when an individual drives a vehicle with a blood alcohol concentration (BAC) level over the legaly permited limit. Driving under the influence of alcohol is a major health problem in the United States as it accounts for a high number of road fatalities; hence, there is a need for stricter drunk driving rules in the United States in order to reduce drunken driving fatalities.
According to the Florida Statutes, those who are convicted of drunk driving in the state may be fined a minimum of $500, and a maximum of $1,000, for a first time offense. For a second conviction, those fines are increased to between $1,000 and $2,000. People who have two or more DUI convictions
Driving under the influence is one of the most common and dangerous situations in which anyone can be or be placed. Drinking and driving is a serious offence that can cause someone to be physically harm or even killed. Not only are you putting yourself at risk but you are also risking the lives of passengers in the car as well as any other car and occupants sharing the road with you. Many people believe that increasing fines for drunk driving offenders will play a compelling role in cutting down the occurrences of driving under the influence. However, while harsher DUI laws will look effective on paper, they will not make a significant step in the fight against drunk driving. Although there is a law enforced for drinking and driving in the
Drunk driving is extremely impactful on the lives of you and others. While drinking and driving, you are not just endangering yourself, you are also endangering the lives of others. The driver of the car does not just control the car with their hands and feet. They need their brain to function properly so that you are able to react to objects on the road quicker and control the car. If you drink then drive/ drink while driving. Alcohol affects your brain in many ways that inhibit your ability to drive. Alcohol will affect your reaction time, it slows your reflexes which decrease your ability to react to objects on the road. It affects your vision, in can impair your color perception, and night vision. It slows down the movement in the muscles in your eye causing your visual perception to change. Alcohol affects your ability to track. You will not be able to judge the position of cars ahead of you, you won’t be able to judge the
Reckless driving is extremely dangerous and is considered to be anyone who is driving with carelessness and/or who has no regard for the safety of others on the road. Reckless driving is considered to be a misdemeanor. A misdemeanor is a criminal act that is less severe then receiving a felony. Your punishments are also not as severe as penalties. Penalties for reckless driving include fines of up to $1,000, jail time, getting your parole revoked, two points on your driving record, insurance rates to go up, insurance can be cancelled and/or license suspension. Reckless driving includes speeding, not using signals, not using your headlights, disregarding traffic signs and signals, distracted driving, drag racing, and using a cell/smartphone while driving. In some cases a DUI can be deemed a “dry reckless”, which means the person was driving with disregard for others on the road. This charge is less serious then a DUI charge. If you have been pulled over for DUI and believe that it could be reduced to a “dry reckless” you should contact an attorney right away. Drag racing or a speed co...