DWI Charges; Driving While Intoxicated can lead to dire consequences. Apart from the potential damage to property, you can endanger lives — both yours and other road users’.
In California, the DUI or drunk driving laws are expressly stated in the Vehicle Code section 23152. The laws state that it is unlawful for someone under the influence of alcohol, drugs or a combination of both to drive a vehicle.
If the level of alcohol found in your blood is 0.08 percent, you will be pressed with DWI charges.
Generally speaking, those who are given a DUI conviction are charged for both driving under the influence of alcohol and having a 0.08 percent alcohol in their blood. In short, you can be charged with two offenses; however, you will be punished for just one.
“If your DWI Charges have resulted in injury, you will be charged with a felony. On the other hand, if your offense resulted in death, you will be charged with manslaughter.”
If it is your first offense and there is no death or injury resulting from your offense, you will be given the minimum terms for misdemeanor.
You will be given a fine of around $1,800 which will include $390 for the fine, over $1,000 for ordinary penalty assessments, and DUI-only assessments.
You will be given either a 48-hour jail sentence or a 90-day license restriction. For the latter, you will only be allowed to and from work as well as to and from an alcohol treatment program.
If you are given a license restriction, that penalty begins after your four-month or 30-day DMV suspension. This will be followed by a five-month restriction.
You will also be required to attend and complete a three-month alcohol treatment program.
However, if it was found that the alcohol level in your blood was 0.20 percent or higher, you will need to attend an alcohol treatment program for nine months. You will need to complete this program if you want to be able to drive again.
Your driver’s license will be lost for 30 days. This will then be followed either by a five-month restriction to drive or a two-month restriction.
With the former, you can drive to and from work and from an alcohol treatment program. With the latter, you can only drive to and from an alcohol treatment program.
California residents should be aware of their rights when they are stopped by police on suspicion of drunk driving.
For one, the officers should have legally sufficient facts to stop, detain and arrest you.
The officers should inform you that undergoing a field sobriety test as well as portable field breath tests are not mandatory or required by law. If you refuse to undergo these tests, the officers should tell you the legal consequences of your choice.
If you undergo a breath test at the police station, you should have the opportunity to get a blood sample for independent testing done under the supervision of your lawyer.
Should you be arrested, the officers should read your Miranda rights before they question you.
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