| DUI |
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California
Vehicle Code |
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Consequences of Driving Under the Influence (DUI) include:
> A DUI conviction is a permanent part of an offender's driving record.
>
The offender may lose work time.
> The offender will be required to
complete an alcohol and drug evaluation and an alcohol/drug remedial
education course or substance abuse treatment program before his/her
driving privileges are reinstated.
>
The offender must meet the requirements
of the Secretary of State's Department of Administrative Hearings
prior to obtaining a restricted driving permit.
> The offender's vehicle
may be impounded or seized.
>
A Breath Alcohol Ignition Interlock Device
(BAIID) may be installed in the offender's vehicle as a condition
of driving relief.
>
The offender will be subject to high-risk auto
insurance rates.
>
The DUI criminal charge is prosecuted and adjudicated
in the courts. This charge is separate from the statutory summary
suspension, which is an administrative process.
>
A person convicted
of DUI who lost his/her driving privileges because of a summary suspension
will have that time credited to the minimum driver's license revocation
period.
>
Full driving privileges are lost for a minimum of five years
if a driver receives a second conviction for any of the following:
DUI; leaving the scene of a personal injury or fatal crash; reckless
homicide, or any combination of these offenses in a 20-year period.
If a driver receives a third conviction for any of these offenses,
regardless of the length of time between convictions, full driving
privileges will be lost for a minimum of 10 years. If a driver receives
a fourth or subsequent conviction, his/her license will be revoked
permanently. If a driver is convicted of DUI in another state, your
state of residence driving privileges will be revoked.
Police typically
use three methods of determining whether a driver has had too much
to be driving:
Observation - A police officer will pull you over if he notices that you are
driving erratically -- swerving, speeding, failing to stop or even
driving too slowly. Of course, you may have a good explanation for
your driving (tiredness, for example), but an officer is unlikely to
buy your story if he smells alcohol on your breath or notices slurred
words or unsteady movements.
Sobriety tests - If an officer suspects
that you are under the influence, he will probably ask you to get out
of the car and perform a series of balance and speech tests, such as
standing on one leg, walking a straight line heel-to-toe or reciting
a line of letters or numbers. The officer will look closely at your
eyes, checking for pupil enlargement or constriction, which can be
evidence of intoxication. If you fail these tests, the officer may
arrest you or ask you to take a chemical test.
Blood-alcohol level - The amount of alcohol in your body is understood by measuring the
amount of alcohol in your blood. This measurement can be taken directly,
by drawing a sample of your blood, or it can be calculated by applying
a mathematical formula to the amount of alcohol in your breath or urine.
Some states give you a choice of whether to take a breath, blood or
urine test -- others do not. If you test at or above the level of intoxication
for your state (.08 to .10 % blood-alcohol concentration, depending
on the state), you are presumed to be driving under the influence unless
you can convince a judge or jury that your judgment was not impaired
and you were not driving dangerously. Defense attorneys often question
the validity of the conversion formula when driver's alcohol levels
are based on breath or urine tests.
