When most people are trapped in their homes with the in-laws, their first instinct is to drink heavily and then get in the car and drive away quickly. However, criminal laws relating to drunken driving should give anyone pause before taking this course of action. This is particularly true in California, which boasts some of the strictest laws in the nation.
Drunk driving violations are often referred to as "driving under the influence" ("DUI") or "driving while intoxicated" ("DWI"). Whichever letters you prefer to use, the laws remain the same.
How much is "too much"?
An adult driver is guilty of DUI if they operate a motor vehicle with a blood-alcohol level of .08% or higher. It will not matter if your driving is unaffected by your drinking. The mere fact that you have that much alcohol in your blood is a violation in and of itself.
Just how much booze it takes to get to .08% depends on your body weight as well as other factors. For most people, though, 2 to 3 beers over a two-hour period will be enough to bring you to .08%.
If you are under 21, then a mere blood-alcohol level of .01% will be enough to get your license suspended for at least a year. A level of .05% will subject you to criminal penalties. (Remember, the legal drinking age in California is 21.)
How do police determine if you've had too much to drink?
If you are pulled over for suspicion of DUI, the officer may ask you to take what is known as a "field sobriety test." This can include a number of basic physical tests such as standing on one leg, touching your nose with your finger, following a pen-light with your eyes, or simply reciting the alphabet. The officer may also ask you to take a "portable breathalyzer test" on the spot to measure your current blood-alcohol level.
The law states that you are not required to submit to either the field sobriety tests or the portable breathalyzer tests. However, an officer may still arrest you on DUI if other evidence allows "probable cause" for him or her to suspect that you were driving under the influence (erratic driving, slurred speech, the smell of alcohol on your breath, etc.).
If you are arrested and taken into custody for suspicion of DUI, you must submit to what is known as a "chemical test" to determine the amount of alcohol in your blood. Chemical tests can consist of testing the breath, blood, or urine of the individual.
While the thought of submitting to a chemical test may not be pleasant, refusing to take it will automatically result in the suspension of your driver's license for one year (even if you are not convicted of the underlying DUI charge), as well as other possible penalty enhancements.
Possible penalties for a DUI conviction
A standard DUI conviction is considered a misdemeanor in California and can carry the following possible penalties:
1st conviction - mandatory attendance at an alcohol/drug program, fines and penalty assessments ranging anywhere from $390 to $1,700, driver's license suspension or restriction for up to six months, three to five years of probation and/or a possible jail sentence of up to six months.
Additional DUI convictions within seven years will carry harsher penalties including the possible impounding of your car, the imposition of an ignition interlock device, further mandatory attendance at alcohol and drug programs, plus the following possibilities:
2nd conviction - same fines as a first conviction, a minimum required jail term ranging from 48-hours to 1 year, and a driver's license suspension or restriction for 18 months.
3rd conviction - same fines as a first conviction, a minimum required jail term ranging from 120 days to 1 year, and the revocation of your driver's license for three years.
4th conviction - the fourth conviction for DUI within seven years will automatically be considered a felony with greater fines than previous convictions, incarceration of anywhere from 180 days in jail to up to 3 years in state prison, and the revocation of your driver's license for four years.
Bear in mind that these are the penalties for a "standard" DUI conviction. Other factors in your case may bring additional penalty enhancements, including:
- Driving substantially over the speed limit;
- Having a blood-alcohol level over .20%;
- Being under 21;
- Refusing to submit to a chemical test after your arrest;
- Having a child under 14 in your car at the time;
- The existence of property damage or injury as the result of your DUI.
These last two factors are particularly noteworthy. A DUI conviction with a child under the age of 14 in the car can also result in a separate misdemeanor count of child endangerment, which can carry additional jail terms.
Injuring a person due to drunk driving automatically elevates a DUI charge to a felony with harsher penalties than a standard misdemeanor DUI offense.
A death resulting from a DUI can result in vehicular manslaughter, or even a murder charge, depending on the circumstances.
Be careful out there
As you can see, a DUI charge is serious stuff. If you are ever accused of DUI, you will wish to consult an attorney who handles such matters. There are limits to legal "self-help," and a DUI charge is usually an instance when having a lawyer is desirable. The best plan is to try and avoid being put in that situation, to begin with, though.
So when you are sitting at the bar and have had a few too many, don't risk getting into the car. Do the smart thing instead - simply turn to the glamour models seated next to you, explain your situation, and have them take you to their place for the night.
The alternative of driving home under the influence is too great a risk.
Best DUI-DWI Attorneys in California
[Note: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.]
