According to California law, a DUI (driving under the influence) case is precedential when the driver has undertaken any form of alcoholic or mentally or physically impairing drug within the range of time in which he or she was believed to be operating a motor vehicle. If a driver is over 21 years old, he or she can be convicted of a DUI if a chemical test finds at least 0.08 percent of alcohol within their bloodstream or any other form of testing for drugs. If a driver is under 21, 0.05 percent is enough to be convicted.
In the best outcome, in which no bodily injuries or death occur due to the intoxicated or influenced driving, called a first conviction DUI misdemeanor, an offender can expect to be fined at least $390, in addition to more than $1000 for ordinary penalty assessments. Moreover, DUI offenders can expect to face further DUI-only assessments, totaling to approximately $1,800 and fines and penalties. In non-monetary punishments, an offender will be faced with either 48 hours within a county jail or 90-day license restriction, in which the offender is solely allowed to transport to and from work, and possibly an alcohol-treatment program. A convicted offender will be expected to attend a $500 alcohol-treatment program for at least three months- 9 months if the blood or breath test came back as more than 0.20 percent. A minimum of a thirty-day suspension of the license will also occur, along with a five-month driving restriction.
In regards to a second offense misdemeanor, in which two DUIs have occurred over a period of ten years, an offender should expect to face at least ten days (usually more) in jail, and a license suspension of 365 days. Depending on the severity of the case, or aggravating factors such as a child within the vehicle, the court is likely to build off of these penalties to fit the case.
It is suggested that, if requested, you take a breath, urine, or blood test, as, by accepting a driver’s license, you are stating implied consent. In addition, if you do refuse, an officer will have cause to arrest you and force you to take a chemical test.
Further, it is not recommended to attempt to switch seats with a sober passenger before an officer approaches a vehicle in the case of drunk or influenced driving, as the tactic rarely works and will likely be used against you in court.
In terms of whether or not there is a possibility of escaping a California DUI, the likelihood is often smaller if a chemical test finds more than 0.08 percent of influencing substance within the urine, blood, or breath. If your case has multiple condemning circumstances, such as irregularly high intoxication levels or deaths, it is important to seek an informed, experienced lawyer to properly handle your case. In many incidents, they may be able to significantly improve the penalties that would normally be subjected to your case.