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DUI
Defined
DUI
is an acronym that stands for driving under the influence. Motorists may be
driving under the influence of alcohol, drugs, or both substances. There are two
parts to a 1st offense DUI California case. One takes into account the level of
impairment of the defendant. This level can be determined when law enforcement
officers are talking to the individual or when field sobriety tests are
performed. Officers will often make notes about slurred speech, bloodshot eyes,
the odor of the driver, and how the driver is acting. Sobriety tests are
performed to determine if a driver is impaired. When these tests are
administered, officers look for stumbling, falling, tripping, and other signs
that a driver may have been drinking. The other component of a 1st offense DUI
California case is blood alcohol level. This level is determined with chemical
testing of a suspect’s blood, urine, or breath. In California, the legal limit
for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is
considered to be under the influence, even if they do not show any physical
signs of impairment.
1st
Offense DUI California Prosecution
How
a DUI case is prosecuted depends on a number of factors. The age of the person
being charged, their blood alcohol level at the time of arrest, any injuries or
property damage caused by the defendant, and any prior convictions are
considered. DUI is often a misdemeanor charge, but it can be charged as a felony
if the defendant has had a number of prior convictions or if serious injuries
have been caused. The prosecutor in the case will rely on chemical testing
results and statements from law enforcement officers to try to convict those
charged with driving under the influence.
1st
Offense DUI California Administrative Penalties
If
convicted of driving under the influence, two sets of penalties are imposed. The
first penalty is administrative in nature and is imposed by the Department of
Motor Vehicles. For a 1st offense DUI California case, the penalty is a
four-month license suspension period. If the convicted driver refused chemical
testing, the penalty is a one-year license suspension, even if they are not
convicted in a criminal trial at a later date. The administrative penalties
increase with each subsequent driving under the influence offense.
1st
Offense DUI California Criminal Penalties
There
are a number of criminal penalties that can be imposed for a 1st DUI offense in
the state of California. The courts consider a number of factors when imposing
these penalties on offenders. If the convicted offender’s blood alcohol level
was extremely high, or if injuries or property damage occurred, the sentence may
be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines
up to $1,000 and a six-month license suspension. Offenders are also expected to
attend alcohol education classes.
1st
Offense DUI California Ignition Interlock Device Penalty
Some
offenders are required to have an ignition interlock device install in every
vehicle they own. An ignition interlock device is a device that is installed in
a vehicle and tests a breath sample of an offender each time they attempt to
start the engine. If the offender has any alcohol in his or her breath, the
vehicle will fail to start and they will be unable to drive. These devices have
both proponents and critics. Those who support ignition interlock devices think
they cut down on driving under the influence. Critics of the devices believe
they do not work because offenders could easily ask a friend or relative to
breathe into the device if they have been drinking. The device would read that
breath sample and allow the vehicle to be started even if the offender had been
drinking. This can allow repeat offenders to get away with driving under the
influence even though ignition interlock devices are supposed to prevent it from
happening.
If
you are facing a 1st offense DUI California charge, contact a qualified attorney
to help you prepare your case and give you the best chance of experiencing
success during your trial.
By
Michael Tasner
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