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Law Offices of Jonthan Franklin - Blog
Enjoying a night out with friends or celebrating special occasions often involves socializing over a few drinks. While revelry is part of our culture, it is crucial to be mindful of the legal consequences that can follow if alcohol consumption leads to impaired driving.
Driving under the influence (DUI) charges can have serious and lasting repercussions, affecting everything from your driving record to your personal and professional life. In this article, we will share easy and practical tips to help you stay on the right side of the law and avoid the pitfalls of impaired driving.
Drunk driving is a severe offense under California law. You commit this offense when you operate a vehicle with a blood alcohol content that exceeds the legal limit or when your general conduct is impaired by alcohol or drug use. Since alcohol impairs a driver’s judgment, a drunk driver can potentially cause serious accidents and injuries to other road users.
Often, a DUI case will begin when a driver is topped by a traffic officer on suspicion of drunk driving. A driver’s conduct on the road may create a probable cause for the arrest. The officers will further assess the driver to find signs supporting probable cause for arrest.
Authorities are continually adapting technology to aid in the fight against drunken or drugged driving. To test for drugs in drivers' systems, mouth swab tests (MST) were introduced after police officers became concerned about the rise in incidents of drivers operating cars while under the influence of marijuana following the passage of Prop 64 in 2016. Today, arresting officers conduct MSTs when they suspect you are driving under the influence of drugs (DUID) at sobriety checkpoints or after traffic stops. The tests detect specific narcotics, like cannabis or cocaine, unlike breathalyzer tests.
Driving under the influence (DUI) is not just a minor traffic infraction. Depending on the circumstances, it could be tried as a misdemeanor or a felony. These classifications determine the severity of offenses, with misdemeanors being considered less severe than felonies.
California DUI statutes prohibit drunk driving. A guilty verdict for the offense attracts severe punishments and life-altering collateral consequences. On top of jail incarceration and the payment of hefty fines, having a drunk driving sentence on your criminal record will make it difficult to obtain meaningful employment, adversely affecting your career and livelihood.
Under California law, you can be arrested and charged with contributing to the delinquency of a minor if your actions or negligence allow a child to engage in criminal acts or truancy. While children brought up in healthy environments can engage in criminal acts and disregard the law, there are situations in which an adult’s actions can cause a child under their care or supervision to become a delinquent.
Prosecutors in Los Angeles take driving under the influence seriously to deter drunk driving. If you have been arrested for DUI, do not hesitate to seek skilled legal representation. Even a first-time arrest can be devastating and result in a conviction that attracts life-altering penalties like incarceration, fines, and probation. Below is a guide to laws, sentences, and penalties for DUI crimes.
Driving under the influence (DUI) is a severe offense that can attract felony charges under Vehicle Code (VC) 23153 if you cause an accident that leads to the injury of another person. With so much at stake, you would not want to risk dealing with police officers and the prosecutor without an attorney if you are under arrest or investigation as a suspect in a “DUI causing injury” case.
California DUI per se law prohibits limos, taxis, and ride-sharing drivers from operating their vehicles with a blood alcohol concentration (BAC) of 0.04% or higher while transporting paying customers. All commercial drivers are subject to the same regulatory BAC limit as these particular drivers. According to this law, a first violation is a misdemeanor punishable by up to a year in jail and a court fine. Administrative penalties that could result in a license suspension are applicable upon conviction.
A second DUI charge can lead to a long-term license suspension, significant fines, and a jail term. Usually, judges are strict when dealing with repeat offenders. The court could have given you a break for your first DUI, but the judge will consider your second DUI crime as a sign that you are notorious. DUI is a priorable offense, meaning that the punishment is harsher for a subsequent offense. If you commit a second DUI within ten years of committing the first crime, you could face a unique set of enhanced punishments. Second-time DUI offenses also apply to out-of-state crimes or wet reckless driving charges. You should consult a competent DUI attorney if you face second DUI charges.
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