It is estimated that the average adult of about 70kg will reach the .08% limit after drinking three glasses of dry wine, five cans of beer, or four tots of spirits. However, depending on many factors that influence absorption rate, it could be somewhat lower than that. It is very easy to miscalculate your body absorption and the effects of what you have been drinking. Drinking alcohol and driving is a highly ill-advised thing to do. Nevertheless some people persist in making this mistake, and should they be caught, they have only one option – to call a really competent attorney as soon as possible.
The following gives you some idea regarding Californian law on alcohol and driving, so you know where you stand before you make that same mistake.
Probationary drivers are required to have a 0% Blood Alcohol Concentration. In other words, not a drop!
Drivers under 21 may not have a BAC of more than .01%. If they do, it could result in a four-month suspension of their drivers’ licenses and a fine of over $ 300.
Should drivers under 21 have a BAC of .05% or more they can incur a suspension of their drivers’ licences for a year and pay a fine of over $ 400.
A blood alcohol concentration of .08% or more is counted as a serious misdemeanour for drivers over 21, even for first offenders.
Anyone charged with driving under the influence of alcohol is commonly known to be guilty of DUI. This is a serious offence with serious consequences. Should you be an offender you will be charged in court, and without a doubt you need an attorney, preferably one who is experienced in DUI court cases.
According to the laws of California here are some general guidelines as to what you can expect the court’s findings to be.
The penalties for first offenders could include:
● 48 hours mandatory jail time or work service
● Their drivers’ licences could be suspended for up to six months. At the judge’s discretion this may be reduced to restricted driving. In other words the driver may be permitted to drive to and from work or school only.
● Court probation of up to five years may be decided.
● A fine up to $ 1800.
Second offenders could face the following consequences:
● Mandatory jail or work service time of 96 hours up to one month.
● Up to two years driver’s licence suspension. Sometimes in the second year a restricted licence may be permitted.
● Up to five years court probation.
● Up to $ 2800 fine.
If you are a third offender, you can expect:
● Mandatory jail time of 120 days to a year, with or without a rehab program.
● Up to three years driver’s licence suspension. Sometimes it may be partially a restricted licence.
● Up to five years court probation or formal probation, requiring regular reporting to a probation officer.
● Up to $ 2800 fine.
If you have committed four or more DUI offences the courts could charge you with a felony. In this case you can expect a minimum sentence of a year in a state prison. You can expect this sentence to be ten years or more if you had an accident while driving under the influence, and caused injury or death to anyone.
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