Driving Under the Influence (DUI)
To be guilty of DUI (driving under the influence) in California, a person must be driving a motor vehicle while under the influence of drugs or alcohol or have a blood alcohol concentration (BAC) of .08% or higher at the time they were driving. Given the number of people killed by drunk drivers on California roads every year, the state punishes repeat DUI offenders harshly. Each successive drunk driving conviction within a 10-year period increases the amount of time a convicted defendant must stay in prison or jail and / or attend a court-approved DUI school.
- State Penalties: <p>DUI penalties vary from county to county in the state of California, but there are some general sentencing guidelines. <br> First-time DUI offenders are charged with a misdemeanor. If convicted, the potential penalties include:<br> ● Summary probation for 3-5 years<br> ● Up to 6 months in jail<br> ● Fines totaling between $390 and $1000<br> ● A court-approved drug / alcohol education program (known as an AB541 class)<br> ● A driver’s license suspension lasting 6 to 10 months. This penalty may be converted to a restricted license that allows the defendant to drive to and from work, school, and / or a licensed DUI program, or drive a motor vehicle in the course of their work. A second DUI conviction within 10 years carries the same potential probation period, jail time, and fine amount, but they may also have their driver’s license suspended for two years (with the option of converting it to a restricted license after one year) and be required to complete an 18-month or 30-month program at a DUI school.<br> Anyone convicted of drunk driving for a third time within 10 years faces the following:<br> ● 3-5 years of informal probation<br> ● A minimum jail sentence of 120 days<br> ● Fines totaling between $390 and $1000<br> ● Completion of a 30-month DUI program<br> ● A three-year revocation of their driver’s license, with no option of converting it to a restricted license until at least 18 months have passed<br> ● A DMV designation as a habitual traffic offender (HTO) If others are injured as a result of a DUI incident, the driver can be charged with a misdemeanor or felony, depending on the circumstances and their criminal history. If convicted of a misdemeanor, the potential penalties include:<br> ● Summary probation for 3-5 years<br> ● Up to 1 year in jail<br> ● Fines totaling between $390 and $1000<br> ● A court-approved drug / alcohol education program (known as an AB541 class) lasting for 3, 18, or 30 months<br> ● A driver’s license restriction lasting 1-3 years<br> ● Payment of restitution to any injured parties A felony DUI with injury carries significantly heavier penalties:<br> ● 16 months to 10 years in prison, with an additional and consecutive 1-6 year sentence depending on how many people were injured and how badly they were hurt<br> ● Fines totaling between $1,015 and $5,000<br> ● A potential ‘strike’ pursuant to the Three Strikes Law<br> ● An 18 to 30 month drug / alcohol program<br> ● HTO status for 3 years<br> ● Payment of restitution to any injured parties<br> Aggravating factors that can increase a DUI sentence include having a BAC of 0.15% or higher, refusing to undergo chemical testing, causing an accident, and having children under 14 in the car. If the DUI incident results in death, penalties include lifetime imprisonment and a ‘strike’ on the defendant’s record.</p>
- Difference between California State and Federal statutes: <p>DUI offenders are tried in a federal court if they commit the offense on federal property, such as a military base, airport, or national park. In most instances a federal DUI is prosecuted as a class B misdemeanor, but the charge may be increased under certain circumstances, i.e. if the defendant was driving recklessly, had a passenger under 14, or had several prior convictions on their record. The punishment for a federal DUI charged as a class B misdemeanor includes fines of up to $5,000, up to six months in prison, and / or 5 months of probation.</p>
- Related Crimes: <p>Driving on a suspended license, drunk in public, dry reckless, wet reckless</p>
- When is the best time to act?: <p>A DUI conviction carries a variety of life-changing penalties: increased car insurance, license suspension, and even prison time. In addition, there are factors that result in misleading DUI test results, such as the presence of diabetes or hypoglycemia. To reduce the risk of lengthy prison time or loss of one’s driver’s license, anyone charged with DUI in California needs to hire a criminal defense attorney immediately.</p>
- Successful Defenses: <p>Defenses to DUI charges include Breathalyzer errors, lack of probable cause for being stopped by the police, failure to be read one’s Miranda rights, faulty field sobriety testing, and proof that the defendant was not the one driving the vehicle.</p>
- High profile/Government cases: <p>In February 2014 Olivia Culbreath, 21, of Fontana was arrested on suspicion of drunk driving and manslaughter. She had had her license suspended when she was 17 for driving under the influence, according to DMV records.<br> Culbreath had been driving the wrong way on a Southern California freeway and collided with a Ford Explorer. Two people in the Explorer were killed, along with Culbreath’s older sister and a friend.</p>
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