Sunday, August 26, 2007

California DUI Law:

As any attorney will tell you, Californians use the acronym DUI in reference to Driving Under the Influence of an Intoxicant (or intoxicants); alcohol and/or drugs, including prescription medication if it impairs ability to drive. It is often termed as DWI, or Driving While Intoxicated, in other states, thus operating a motor vehicle while impaired, or with a blood or breath alcohol concentration at or above the legal limit of .08% for adults 21 years of age or older. The laws are much stricter for minors accused of DUI who are under the legal drinking age.

In San Diego County, A MISDEMEANOR is typically charged for a a first DUI offense involving no injury, property damage, or other DUI penalty enhancements, and is punishable by up to one year in jail and heavy fines.

A FELONY in San Diego County is usually charged when the the drunk driving case involves a penalty enhancement, such as causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or another "aggravating" circumstance; the punishment for a felony DUI conviction could be a sentence of several years in a state prison.

Under California legislature every attorney knows, a drunk driving arrest triggers two cases; the criminal court case as stated above, AND a California Department of Motor Vehicles (DMV) case to enforce automatic suspension of your drivers license. You actually have two separate counts / cases to fight.

1 comment:

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