Call Now 323-464-6700 for a Free Consultation
Law Offices of Jonthan Franklin - Blog
If you’re planning on drinking, also plan to designate a driver to take you where you want to go. Designating a sober person to drive is an important safety choice for those who want to enjoy drinking while out and about. Choosing a designated driver also has one major benefit. It protects you from getting arrested for driving under the influence, or DUI. Whether you’re partying at a local bar, or enjoying yourself at a restaurant, you know you’ll be drinking. So plan ahead of time to designate a driver to take you safely home. The Law Offices of Jonathan Franklin can’t stress that fact enough. Before you drink, plan to have someone sober drive you home.
Tip 1: Choose a Designated Driver Service
You probably remember hearing the news reports on Thursday 23, 2014 when pop singer Justin Bieber was arrested in Miami. He was arrested in Miami, FL, for suspicion of driving under the influence, or DUI, after he was stopped while drag racing his rented Lamborghini. As a result, Bieber was charged with driving on an expired license and resisting arrest.
Why was Bieber Accused of Resisting Arrest?
The legal term BAC refers to blood alcohol concentration. BAC is a term used in driving under the influence, or DUI, cases to describe if a driver was above the legal alcohol intoxication limit. Across the country, the standard legal limit for driving under the influence is 0.08 percent. The reason it’s a percentage is because the intoxication level is based on a ratio of alcohol to blood.
Some states have degrees of intoxication. For example, for drivers under 21 years old the BAC level can be 0.00 percent, or zero tolerance.
“Will I be able to beat my DUI charge?” As a DUI criminal attorney, I frequently hear that question from potential clients.
Every DUI charge is different. In many of the cases, the answer can be “yes.”
The United States’ blood alcohol concentration, or BAC, level is 0.08 percent. For commercial drivers, the BAC limit is 0.04 percent. California has a different BAC limit for drivers under the age of 21 years old. It’s 0.00 percent. In other words, the state has a zero tolerance for underage drivers who choose to operate a vehicle while under the influence.
Exceeding the legal limit will result in a driving while under the influence of alcohol, or DUI, charge. BAC results can make or break a DUI case for a driver trying to fight the charge.
The blood alcohol concentration in a driver’s bloodstream is found in two ways: blood and breath tests. Under some circumstances, the law permits the police to use a urine sample as an alternative to the blood and breath tests. The urine, breath and blood tests are all referred to as chemical tests.
How serious is a second driving under the influence, DUI, charge? In California, a second DUI conviction within 10 years may result in additional penalties.
Below is a comparison of penalties for a first time DUI conviction and second DUI conviction.
First Time DUI Conviction Penalties
- Jail time which ranges from 96 hours to 6 months
- Fine up to $1,000
- Suspended driver’s license for four months
Most driving under the influence, or DUI, cases are prosecuted as misdemeanor cases. Under certain circumstances, a driver may face a felony charge for driving under the influence. A DUI charge prosecuted as felony typically means that the driver will face much harsher penalties.
These penalties can include a mandatory minimum prison sentence. These harsher penalties for a DUI felony conviction also creates more long-term consequences for an individual. One particular burden involves finding employment.
In every state, a driving under the influence of alcohol and/ or drugs, or DUI, is punishable by jail time. Drivers also may receive probation, license suspension and mandatory DUI education. If a driver is convicted in California, Arizona, Tennessee or Georgia, he won’t always receive any type of mandatory jail time for a first-time DUI conviction. The general penalties for a first time DUI conviction are:
• Suspended license
• Jail time
• DUI School
• Fines
Laws considered “per se” assume the individual is guilty of driving under the influence of alcohol, or DUI. However, they only presume guilt if the state can show that a person's blood alcohol concentration, or BAC, was 0.08 or higher. According to California law, it’s unlawful to operate a motor vehicle while under the influence of alcohol and/ or drugs.
It’s important to remember that an individual can be under the influence without being intoxicated.
You know what happens in California when someone is convicted of driving under the influence of alcohol, or DUI. The driver can be subjected to numerous penalties such as jail time, license suspension and fines. You may not know about the hidden costs of a DUI conviction.
Board of Governors,
America's Top-Ranked Law School For Trial Advocacy
