Important California Laws To Know – Driving Under The Influence Of Alcohol
In the United States, one person dies in a drunk driving accident every 50 minutes, which results in a toll of thirty every day. In 2018, 10, 511 people died in drunk-driving accidents. While these accidents have declined in the last thirty years, they still represent a significant loss of life that could be avoided with a little self-discipline and common sense.
Drivers in California who drive under the influence of alcohol may be charged under California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and California Vehicle Code § 23152(b) VC (driving with a blood alcohol content (BAC) of .08 or higher). In California, most of the drivers who have a BAC of .08 or higher are charged with both of these offenses.
A charge under § 23152 (a) or § 23152 (b) potentially results in the suspension of a California driver’s license. Someone accused of a DUI (or his or her attorney) must contact the DMV within 10 days of the DUI arrest to request a hearing before the California Department of Motor Vehicles (DMV). Otherwise, the accused forfeits their right to a hearing and their license is suspended automatically after 30 days. An experienced attorney may handle this process and request a DMV hearing, usually farther into the future thus enabling the attorney ample time to prepare.
An ignition interlock device is a breathalyzer that prevents vehicles from starting if alcohol is detected. California Senate Bill 1046 allowed DUI defendants, starting in 2019, to immediately apply for an ignition interlock device (IID) restricted license, which permits DUI defendants to continue driving provided that they install and use an IID in their motor vehicles. The length of time an IID restricted license lasts is based on the defendant’s history of DUIs.
DUI cases in California may be complicated since they involve proceedings at the judicial and administrative levels. They also involve the intense analysis and scrutiny of scientific processes and equipment such as breathalyzers and blood testing, which are both prone to error and malfunction.
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