What a lot of people may misunderstand is that drinking and driving itself is not illegal. However, there are two important factors to consider. Firstly, you must be over the age limit which is 21 years old and secondly, if you have been drinking over the legal limit while driving and it could put you and others in danger that will get you a DUI with the police.
The legal limit is below 0.08% blood alcohol content, by weight. Anything above will get you into trouble. You can either get a fine, a charge or your license can get suspended. Extreme circumstances can call for jail time too.
Let’s break the above information down to bite-sized chunks to help you understand what these entails according to the law.
Alcohol or Impaired Driving DUI
According to the California Vehicle Code Section 23152(a), it has been stated that first and foremost it is illegal for anyone under the influence of any type of alcohol, to be behind the wheel of a car driving it. Any amount above 0.08 per cent is unlawful. The site to check for further information about this legislation is here.
This is based upon grams of alcohol per 100 ml of blood. Sometimes a breathalyzer test is done on the spot, and other times a blood test is taken as well.
Secondly, it is also mentioned under this regulation, that unless you are part of an approved narcotic treatment program i.e. under the health and safety code, it is unlawful to drive a moto vehicle. The limit is 0.04 percent.
Point of note is that anytime you are unable to drive a car and are under the influence or anything from alcohol to drugs or any other kind of stimulant or psychoactive substance, it is illegal and will get you into trouble with the authorities.
To prove this, the prosecutor in most cases will need to show that your BAC (Blood Alcohol Count) was higher than 0.08%. They do not need to prove that the substance had any effect on your abilities to operate the vehicle or not. This is where the DUI Oxnard attorney can help you to challenge the decision of the document suspension and prove that the substance had no effect on your state of mind.
It is the job of the DUI attorneys to try and get you off, but it makes it difficult for them with just the fact that you may even have 1% above the limit. It can be hard to resolve and you may need to face the minimal charges or get your license suspended for a certain period.
The Penalties Involved Under the Different Codes
When the police stop you and make an arrest, for instance, they will take your original license away and give you a temporary one for 30 days. Your card will get administratively suspended by the DMV (California Department of Motor Vehicles). You have the option of requesting a formal hearing, which can be done within 10 days of the arrest.
Sometimes there are hefty penalties that can be a stamp that lasts a lifetime, while other times if you’re a first-time offender, the consequence can be less harsh.
Penalties can include anything from fees or fines to mandatory DUI school for lessons, a suspended license, and even probation time. Some countries also have a device, known as an “ignition interlock” (IID) on the driver’s license.
Some of the charges fall under different sections of the law as well. For instance, penalties under section 23152(a) state that it is illegal for anyone who is “under the influence” of any alcoholic drink to be driving a vehicle https://www.nocuffs.com/dui/dmv-case/california-vehicle-code/#23152a. Whereas the second code 23152(b) is more specific, stating that it is illegal for anyone to have 0.08 per cent or more of alcohol in his or her blood, by weight to drive a vehicle.
The California authorities take these incidences very seriously and if you are charged under the 23152 code, you could be looking at a criminal record. Some people have lost their driving privileges all together and have had hefty fines and fees charged against them. DUI attorneys and lawyers can explain all these charges to you and offer solutions for defense strategies where possible.
It is always best to be safe, rather than sorry. The ultimate warning not to drink and drive, no matter what. However, if you do end up getting arrested or stopped by the police calling those whose job it is to handle such circumstances, is your best bet.
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