If you have been arrested for DUI or driving under the influence in California you may have been asked to submit to a chemical test of your blood, breath or urine. Failure to take the chemical test or failing the test will result in a suspension of your driver’s license. Continue reading
It is illegal in the state of California to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. It is also illegal to operate a motorized vehicle under the influence of alcohol at any level if you are unable to do so safely.
Both of these charges are misdemeanor offenses, although the Vehicle Code section 23153 outlined the charges for felony DUI charges if your drunk driving causes injury and Penal Code sections 191.5 and 192 identifies information about vehicular manslaughter.
We had a driver on our forum ask us recently if they had a good chance of winning their DUI case. They mentioned they had five glasses of wine in a five hour period. They did not provide any additional information about their DUI arrest but below are some of the issues that should be reviewed with a DUI lawyer to determine if the prosecution’s case is strong:
Your DUI lawyer will also review other aspects of your case:
As you can see, due to the complexity of DUI laws and the evidence that needs to be reviewed it is a good idea to talk to a California DUI lawyer.
Under California’s implied consent laws you can also have your license suspended if you refused or failed a chemical test. Administrative License Suspensions may be contested by filing an Administrative Hearing within 10 calendar days after the DUI arrest.
An Administrative License Suspension is a civil proceeding and penalties will be imposed even if you are found not guilty of a DUI.
Most drivers know that it is illegal in the state of California to operate a motorized vehicle under the influence of alcohol or with a blood alcohol content above the legal limit of 0.08% or higher. Apparently porn legend Jenna Jameson did not get the memo.
Jameson was officially charged with driving under the influence or DUI today after she smashed her car into a light pole last month in Orange County. The accident occurred on May 25th when Jameson crashed her car in the early morning hours. Officers observed signs of her intoxication at the scene and gave her a field sobriety test. After failing the field sobriety test Jameson was charged with two counts of drunk driving and operating a motorized vehicle without a valid California driver’s license.
Jameson’s blood alcohol concentration was 0.13%, well above the legal limit. She also had prescription medications in her system including zolpidem (Ambien) and buprenorphine (Suboxone).
Jenna Jameson, born in 1974, is considered one of the leading adult entertainment performers. She began her work in 1993 and has won over 20 adult video awards over her almost 20 year porn career. She founded an adult entertainment company in 2000 which manages websites and produces sexual videos. She is currently attempting to move into the mainstream and has considered pursing parts on Broadway and Hollywood films.
If convicted of drunk driving in California Jameson faces up to one year in jail.
Penalties for a California DUI
California state laws will outline the minimum penalties that the court can impose after a DUI arrest and conviction. The current look back period is 10 years in the state which means that if you have been convicted of a prior DUI offense within 10 years and are arrested a second time, this will be considered your second DUI.
Drivers convicted of a first DUI offense in California will face up to 3 to 5 years of probation, they may have to be pay $1400 to $1800 in fines and penalties (generally paid within 45 days of the DUI conviction, although the court may allow it to be paid over time for an additional charge), lose their license for up to 6 months, and attend a DUI school (the amount of hours required can vary). For information about state approved DUI schools you can contact the California Department of Alcohol and Drug Programs which maintains a list. Drivers will also be required to spend 48 hours in jail or possibly have this converted to work service hours.
Whether you are a famous actress like Jameson or a “normal” driver you are going to face severe DUI penalties if you are convicted of DUI in the state of California. Talking to a DUI lawyer is the first step to avoid severe DUI penalties and fines. Drivers arrested with a high BAC, for multiple DUI offenses or who have injured or killed another driver should talk to a DUI attorney immediately.
Many states throughout the United States, including California, have created new punishments and penalties to reduce the incidence of drunk driving in their states. One of the most common methods is to require drivers to install an ignition interlock device, which requires the driver to provide a breathing sample before they can operate their motorized vehicle.
The Ignition Interlock Device will require you, the driver to blow into the mouthpiece. The device will analyze your BAC or blood alcohol concentration level and if it is above the predetermined limit the car will not start. If your BAC is below the allowable BAC limit the car will start.
In the state of California a judge may have the discretion to order you to install a ignition interlock device for any DUI (driving under the influence) offense. So this means if you are convicted of driving under the influence, driving with a BAC over the legal limit of 0.08%, causing injury or death in a drunk driving accident or if you drive with a suspended license after a DUI conviction you could be forced to install the device.
As mentioned above, the judge has some discretion for certain types of DUI cases; for other cases, however, the laws of the state will specifically determine whether the ignition interlock device must be installed.
So will you have to install an ignition interlock device for a first-time DUI arrest? As mentioned above, the court will have some discretion of whether or not to impose this penalty. In some counties it may be required, in others the courts will only require it if your BAC is above 0.15% or if you refuse to submit to the blood alcohol content test.
In July 2010, in Los Angeles, Alameda, Tulare, and Sacramento counties initiated a pilot program which requires drivers who are convicted of their first drunk driving charge to install an ignition interlock device. This law was outlined under Vehicle Code 23700 VC. Right now the law requires that the device be installed for five months unless you caused injury while you were driving drunk.
Other states have also begun to require the installation of the ignition interlock device in order to get a restricted license or to have a license reinstated. For example, in 2002 the state of Florida instituted this requirement under Section 316.193 of the Florida Statutes.
Not only can the ignition interlock be embarrassing, it can also be expensive. The typical costs to install the device can be $75 plus and interlock fee and a monthly monitoring and calibration fee which can be upwards of $75 per month. Additionally, many states may also add an insurance charge and a deposit for the machine.
There will also be the cost in time and hassle if you have to have the device installed and monitored which may require periodic trips to the installation company.
A driver on our forum asked how they could avoid having to install an ignition interlock device. The best way is to avoid a DUI conviction. This means talking to a DUI lawyer and evaluating the state’s DUI case against you. Additionally, there may not be an option in some counties if you are convicted of DUI; however, in other counties you can talk to your DUI lawyer about steps to take that may reduce the possibility of this penalty.
It is illegal in the state of California to drive with a blood alcohol concentration of 0.08% or higher. Every state has established penalties for drunk driving, and many states have also instituted additional options for the court to enhance the DUI penalties if specific criteria or situations exist.
If you are arrested for drunk driving in California or in any other state it is important to talk to a DUI lawyer familiar with laws of your state. The types of DUI enhancements and the situations where they are allowed vary by jurisdiction. This blog will address common grounds in which DUI enhancements can generally be made in the state of California.
Many states allow for the DUI penalties to be enhanced if the driver was operating a motorized vehicle with a high blood alcohol content level. The blood alcohol concentration which forces an enhancement varies by state. In the state of California the court will enhance the DUI penalties if the driver’s BAC is 0.15% or higher.
All states allow for DUI penalties to be enhanced if the driver is convicted of drunk driving multiple times. Whether the previous DUI will be considered is based on a state’s look back or washout period. In California the law allows for any DUI which occurred within 10 years of the current DUI to “enhance” the DUI penalties. Additionally, drivers with three prior DUI convictions within 10 years in California will be charged with a felony DUI.
California drivers who are driving either 20 or 30 miles above the speed limit (depending on the type of road or freeway) can have their DUI penalties enhanced. The driver may be charged with gross negligence for actions such as racing which means the driver had a “high level” of recklessness and disregard for the safety of other drivers.
Drivers who are intoxicated and operate their car with a minor inside can also have their DUI enhanced. State laws vary on who is considered a minor, but in the state of California a minor is defined as anyone under the age of 14.
California drivers who cause an injury or death to another person can expect to have their drunk driving charges enhanced. If another person is killed the driver could be charge with gross vehicular manslaughter, gross vehicular manslaughter while intoxicated or
vehicular manslaughter while intoxicated (ordinary negligence). Gross vehicle manslaughter will be a felony charge.
Drivers who are arrested for drunk driving in California should contact a drunk driving lawyer immediately. This is even more important for drivers who have DUI charges which have been enhanced due to a minor in the car, an injury or accident to another person, reckless driving, or prior drunk driving convictions.
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Drivers convicted for a fourth DUI in the state of California can expect high fines and drunk driving penalties. It is illegal in California to driver with a blood alcohol content level of 0.08% or higher, even if the driver does not display any dangerous driving. It is also illegal to operate a motorized vehicle with a blood alcohol content of any amount if the driver is not able to safely drive.
Drivers arrested for a fourth drunk driving conviction in California within a 10 year time period can expect to be charged with a felony offense. They will be assessed fines and penalties up to $3,000 and spend 16 months to three years in prison or 180 days to 1 year in jail. Drivers will also have a lengthy license suspension. Drivers must also complete 30 months of an alcohol education class.
The California courts will have some discretion to determine how much jail time a driver should receive after their fourth DUI in California. The courts will evaluate the driver’s drunk driving records, blood alcohol content at the time of the DUI arrest (a blood alcohol content of 0.15% or higher is considered very high and could result in increased jail time), whether the driver refused to take the blood alcohol content test, whether the driver was involved in an accident, whether the driver injured another person, whether the driver was speeding, or if the driver had a minor in the car at the time of the DUI arrest.
The amount of jail time can also be impacted by the presiding judge and which county court hears the DUI case.
Many drivers who are arrested for drunk driving in California do not live there but are just passing through either for business or pleasure. Although the Department of Motor Vehicles in California cannot eliminate your right to drive in your state they will share your drunk driving arrest with the other states that are part of the Driver License Compact. This means that if your state is a part of the Driver License Compact they will receive notification of your California DUI and they will most likely suspend your driver’s license in your home state.
Another concern for many drivers who are not U.S. residents is whether or not they will be removed from the state due to a drunk driving conviction. Although this is generally not a factor for a misdemeanor charge, if this is your fourth drunk driving conviction and you have been charged with a felony it is time to talk to not only a DUI lawyer but also an immigration lawyer about your situation, especially if your DUI is considered an aggravated felony.
California sesquicentennial license plate (Photo credit: Wikipedia)
Drivers in the state of California must have a CDL or commercial drivers license if they wish to operate a commercial vehicle. Only residents of the state of California may apply for a CDL license (although this can be established by registering to vote in California, paying resident tuition at a public institution of higher education, filing for a California homeowner’s property tax exemption, obtaining a license (such as a fishing license), or any other privilege or benefit not ordinarily extended to nonresidents.
The California Department of Motor Vehicles outlines what is considered a commercial motor vehicle (ex. a vehicle which has a gross vehicle weight rating (GVWR) of 26,001 pounds or more, tows any vehicle with a GVWR of 10,001 pounds or more, tows more than one vehicle or a trailer bus, has three or more axles (excludes three axle vehicles weighing 6,000 pounds or less gross, any vehicle 10 passengers including the driver, for hire or profit, or is used by any nonprofit organization or group) etc). For more information about what constitutes a commercial motor vehicle contact the California Department of Motor Vehicles.
While it is illegal for all drivers over the age of 21 in California to operate a motorized vehicle with a blood alcohol content level of 0.08% or higher. Commercial drivers can be charged with DUI if their blood alcohol content is 0.04% or higher if they are operating their commercial vehicle. If the driver is operating a noncommercial vehicle with a BAC of 0.08% or higher, they can be disqualified from operating BOTH the commercial and noncommercial vehicle.
So, let’s talk about the penalties you are facing if you are arrested and convicted of drunk driving:
What happens if you refuse a chemical test the second time or if you are convicted of a second DUI? You will lose your CDL license for life.
If you are arrested for drunk driving, whether or not you are driving your commercial vehicle or not, the police officer will generally confiscate your license and give you a temporary driving permit. Does this allow you to operate your commercial vehicle? No, it will only allow you to operate your noncommercial motor vehicle, even if you were not operating your commercial vehicle at the time of your DUI arrest.
Many drivers want to know if they can get a temporary CDL license. No, although you might be able to get a hardship license or temporary license to operate your noncommercial vehicle you will not get a temporary permit for a CDL.
As mentioned above, you may be able to get your CDL back after a first DUI arrest, but if this is your second DUI in California you will face a lifetime revocation of your CDL license.
Most drivers understand that they can be arrested in all states if they are operating a motorized vehicle with a blood alcohol concentration level of 0.08% of higher. This is considered a per se violation, and the driver can be arrested and charged with drunk driving even if they are not displaying any careless or dangerous driving behaviors.
Image via Wikipedia
We occasionally get questions on our forum from drivers who are confused about what type of vehicle constitutes a “motorized vehicle.” One driver wanted to know if it will make a difference if he was operating a motorcycle instead of a car when he was arrested for drunk driving. Although state laws can vary, it will not matter that you are operating a motorcycle instead of a car, this driver can still be arrested and charged with drunk driving.
As mentioned above, state laws vary, but we will discuss what the California Vehicle Code considers a vehicle. According to the Chapter 670 a vehicle can be, “A device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.”
As with many statutes and laws there can be some confusion and ambiguity which is clarified in case law. For example in Tomson v. Kischassey, it was decided that a bicycle was not considered a vehicle as long as it did not have a motor. Although in People v. Jordan, it was decided that if the bicycle had a motor it would be considered a vehicle.
The courts also decided that a wheelchair is not a vehicle although a tractor and a golf court can be considered a vehicle even though they travel at very low speeds. Generally, most states contend that if the vehicle has a motor that moves the vehicle on its own it can be considered a “motorized vehicle” as defined under DUI statute.
Whether you are arrested for drunk driving on a motorcycle, car, or boat, it is time to talk to a drunk driving lawyer. Steps may need to be immediately taken to challenge an administrative driver’s license suspension in many states. Administrative penalties may allow the Department of Motor vehicles (or comparable agency) to suspend your driver’s license for a refusal to take the chemical test or a failure of the chemical test regardless of whether or not you are ultimately convicted of DUI.
Criminal penalties for drunk driving vary and the DUI penalties you are facing for drunk driving on a motorcycle may include high fines, court costs, probation, suspended license, mandatory alcohol education courses or an installation of an ignition interlock device.
Drunk driving penalties have become more severe in recent years as lobbying groups such as Mother’s Against Drunk Driving (MADD) and other groups have petitioned the states for more severe DUI penalties. Do not try to fight this charge without legal help.
Image via Wikipedia
If you have a valid California driver’s license this means you have given your implied consent to submit to a chemical test if asked to do so by a law enforcement officer after you have been arrested for drunk driving.
Implied consent laws have been created by states to encourage drivers to take the blood alcohol content test or potentially face more severe restrictive driving penalties than they might face if they were arrested and convicted of drunk driving.
In California, if you are 21 years of age and you refused to submit to a chemical test or you failed to complete the blood alcohol content test at the time you were arrested, according to the California Department of Motor Vehicles, you are facing the following administrative penalties:
Drivers who are under the age of 21 when they are arrested for drunk driving and refuse to take a chemical test will face the following administrative penalties:
Given the current laws in most states, many DUI lawyers suggest that drivers do not refuse a BAC test (state laws vary and this is not the rule for EVERY state). Remember also, these are administrative penalties imposed by the Department of Motor Vehicles in the state of California and are separate from penalties imposed if you are eventually convicted of drunk driving.
Many DUI lawyers conclude that if you are stopped for DUI and the officer has enough evidence to ask you to submit to the chemical test you most likely will be arrested, regardless if you refuse. Some states have also implemented laws which allow police officers to compel drivers to submit even against their will.
If you have refused to take the chemical test you can still request an administrative hearing to challenge your license suspension. You may hire a drunk driving lawyer and have them challenge the following aspects of your drunk driving arrest:
If you have been arrested for drunk driving and you refused to submit to the blood alcohol content test it is time to talk to a drunk driving lawyer and find out how to fight the drunk driving charges.
Recently states have implemented more severe drunk driving laws for minors. Although in many states a driver may be able to legally operate a motorized vehicle with a blood alcohol concentration up to 0.08%, underage drivers or minors in the state of California are unable to legally driver if the blood alcohol content level is 0.01%.
These laws are called “zero tolerance” laws and it means that if a minor consumes as little as one beer or one class of wine, the driver can face a one year license suspension by the California Department of Motorized Vehicles (or a one delay in getting their driver’s license). Minors who refuse to the blood alcohol content test at the time of their arrest may face additional penalties such as a driver’s license suspension of one to three years. Although this is not considered a criminal offense, this civil offense is illegal under California Vehicle Code 23136.
At the time of the California DUI arrest, the California driver’s license is confiscated by the police officer, and the driver has a 10 days to request an Administrative Hearing. At the Administrative hearing the minor has the option to hire a drunk driving attorney to represent them. Minors may also have witnesses attend the hearing, testify on their own behalf and cross-examine witnesses for the state.
Minor drivers arrested with a blood alcohol content level of 0.05% or higher face a misdemeanor drunk driving charge. Penalties become increasingly severe with every subsequent drunk driving arrest. For a first arrest the driver faces the following drunk driving penalties:
Plus the following civil penalties (for violating California’s zero tolerance laws):
Minor drivers who are arrested with a blood alcohol content level above the illegal limit of 0.08% will be convicted of a California drunk driving charge. This blood alcohol content level is the illegal limit for all drivers, not just those who are over 21 years of age. If a minor is convicted of a misdemeanor drunk driving charge in California there are serious drunk driving penalties.
If you have been arrested for drunk driving and you are a minor, this can be extremely serious. Do not wait to talk to someone about your drunk driving charges, especially if your blood alcohol concentration levels were above 0.08%.
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