In California, an individual is considered to be “under the influence” if their blood alcohol concentration is .08 percent or more. Driving under the influence (DUI) is against the law. There are also additional laws that prohibit riding bikes and scooters while intoxicated, which are called boating under the influence (BUI).
Commercial drivers have a stricter BAC standard applied to them. They can get arrested if they have a BAC of .04 percent or more. Lastly, California implements a very strict Zero Tolerance Law for drivers under the age of 21 getting behind the wheel with a BAC of .01 percent or more.
If you were involved in an accident with a drunk driver, you may be entitled to acquire compensation for your losses. At West Coast Trial Lawyers, our skilled car accident attorneys are available 24/7 to offer legal assistance. With our track record of recovering more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.
Determining the level of a driver’s impairment comes along with a few factors including:
There are various penalties that are implemented after getting a DUI in California. Each one is determined based on different circumstances. Potential sentences may include:
A judge or prosecutor will carefully review the situation and determine the most appropriate punishment for the driver who was under the influence while they were behind the wheel.
Injuries. If your reckless driving behavior resulted in an injury, you can expect to face penalties that are more severe. Such defendants are sometimes referred to as “wobblers.”
Wobblers can be charged with either a misdemeanor or a felony for driving under the influence. If charged as a felony, the injury caused by the DUI will carry a prison sentence of 16 months to four years. Depending on the past history of the individual charged with driving under the influence, fines may range from $290 to $5,000.
Death. Reckless drivers who were under the influence and contributed to the death of another person may be prosecuted under California’s vehicular manslaughter or murder laws. Such an individual is expected to be charged with:
Penalties for these types of offenses differ greatly. A less severe punishment for situations including a misdemeanor-negligent-vehicular-manslaughter-while intoxicated conviction – could include a maximum $1,000 fine along with one year in jail. However, a second-degree murder conviction may carry 15 years to life in state prison.
In California, the implied consent law applies to drivers who have been lawfully arrested due to driving under the influence. They are required to do a BAC. Drivers may choose to do either a blood or breath test. Those who refuse to take part in this test will have to pay a $125 fine and will have their license suspended. License suspension varies depending on the offense:
There are two types of labels given to drivers who are pulled over for reckless driving. One term is called “wet reckless.” Wet reckless is when a reckless driver is pulled over with intoxicating substances, such as drugs or alcohol in their system. Another term is called “dry reckless.” Dry reckless is when a reckless driver is pulled over, but there are no drugs or alcohol involved.
In California, it is not prohibited to initiate a plea bargain for a DUI case. However, there are certain restrictions, depending on the circumstances. Typically, plea bargaining is allowed when:
If a prosecutor decides to reduce a DUI to a reckless driving charge, he or she is required to explain their reasoning for the reduction in court. They are also expected to state whether the offense included alcohol or drugs along with the facts supporting their conclusion.
To restore your license suspension, it is essential to notify your insurance company. They will file an “SR-22” with the Department of Motor Vehicles (DMV). SR-22 is a certificate that confirms you have met the minimum insurance requirements.
Also, this certificate is a requirement for acquiring a “hardship license” to have the accessibility of driving to places including work or school during a DUI suspension.
Our qualified car accident attorneys at West Coast Trial Lawyers are highly-trained and have extensive experience with cases that are similar to yours. We are committed to helping you resolve your legal issues as quickly as possible while receiving the best results.