Basics of DUI
With the festive season is coming, increasing police surveillance to drivers under the influence comes to the fore. Intoxicated drivers during the holidays pose major risks to all other drivers. Section 23152 (a) (b) of the California Vehicle Code is the basis for the prosecution of drunk drivers. The two subsections dealing with driving a vehicle under the influence of drugs and / or alcohol and driving a vehicle with an alcohol content of .08 or higher blood, driving under the influence (DUI for short) is a “wobbler” in the state of California.
What this means is that depending on the circumstances of the offense for DUI this may be filed as a felony or a misdemeanor. The services of a lawyer would be highly recommended, if you find yourself in either situation. The difference generally depends on injuries to third parties and / or property damage. The first DUI conviction is a fine of $ 395 is multiplied by 4-5 times by various costs associated with the fine itself. These costs cover funds for restitution to victims, education funds, etc. DUI-AD
As a result, sentences of the first conviction for DUI can be quite severe and should not be monades. Jail time for a DUI defendant is 48 hours. You’ll get “credit” for as long as he was imprisoned after being arrested during this period. In addition to the fine, you will be placed on probation for three years. This means that you will not be monitored during this trial period. But if you are stopped within three years from the date of conviction, apart from the charges of crime, you could face a violation of his probation which would result in higher fines, jail time, etc.
The DUI offender will first have their driver’s license suspended for a period of 90 days. After 30 days, you could regain your DMV driver’s license (for a fee) and get his license back but with restrictions. What these restrictions will allow you to do it is drive to and from work, and to and from their school of alcohol use. Again, the school fees of alcohol use are high should be paid by you. The purpose of school is to change their behavior and do not drink and drive again.
The school could last up to six months. Courts do not tolerate when defendants do not meet the requirements of their sentences. I say to the accused judges in open court that they committed a crime and is not the intention of the Court to do the easiest things for them. Hence, compliance is required.
The Court may grant an order to visit MADD (Mothers against Drunk Driving) for education and the Court may order to visit the morgue of Los Angeles County to observe the autopsies of those killed because of drunk drivers. In no way is a desirable scene.
The Court may also order insert a device that locks the ignition of the car. This device will not let you drive if driving under the influence of alcohol. You must blow a machine that measured their level of alcohol. If you are under the influence, the car will not turn. Again, you get the “opportunity” to pay for this.
If this is not your first rodeo in the arena of DUI, imprisonment increases, the time of license suspension increases. DUI convictions can be considered a “moral turpitude” in trying to obtain professional licenses. I know of cases where lawyers have lost their licenses for repeat DUI convictions.
So, it is essential that you do not get caught in this web of fines, payments and related problems. If you go to a party, use a designated driver, call a cab, stay in a hotel, the house of a friend, etc. The cost of a taxi is much less expensive than the DUI!!!
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