CA DUI Laws

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California DUI/DWI Facts and Statistics

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Originally published here.

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California drunk driving law: A comprehensive reference to the law of drunk driving in California

Virtually everyone knows how destructive any type of car accident can be to drivers, passengers, bicyclists, and even pedestrians. Drunk driving accidents are perhaps the most destructive accidents of all because unlike many regular car accidents that occur every day, drunk driving accidents are preventable. Unfortunately for many in Los Angeles, California personal injury cases, these accidents are not only occurring in large numbers—they are occurring more frequently now than ever before. These types of accidents can have short-term and long-term effects on both the perpetrators and victims. Many people lose their licenses due to drunk driving. Even more are fined for their reckless behavior and careless endangerment. And in the most severe cases, when substantial injuries and even wrongful death are the result, drunk drivers are imprisoned for their misdeeds. This may seem like just retribution in itself to some, but if you’re been injured by a drunk driver or if someone you love has been killed as a result of an accident caused by a drunk driver, this may not be enough. You will likely need the expertise and experience of a Los Angeles or California drunk driving accident lawyer to help you receive all the remuneration you deserve from the accident.

Victims of drunk driving accidents often describe the experience as one of the worst they’ve encountered in their lifetime. It’s no wonder why this is when thousands are injured and killed each year by intoxicated drivers. Many injuries can be incurred as a result of your accident, including trauma, back pain, skeletal break and fractures, and even internal hemorrhaging. Luckily, not all injuries are so substantial, and some people may only experience short-term damage, such as mild joint pain, slight muscle discomfort, and whiplash. However severe your injuries, you should immediately contact a drunk driving accident lawyer immediately following the incident. He or she will help you receive retribution for your injuries and any other damage that may have occurred to your car or other form of transportation.

A drunk driving accident lawyer will also be able to help you determine how much your settlement is worth. Medical bills are expensive, even for minor injuries, and if you were the unsuspecting victim of a drunk driver, you should not be liable for the medical expenses they’ve caused you to incur. You will also likely have received damage to your vehicle. This is also an expense you should not be forced to cover with your own money. Remember, this accident and all of its incurred expenses were forced upon you. Your insurance company will likely demand that you seek financial retribution for your injuries as well. They recognize that your injuries are the result of another’s negligent and careless conduct, and therefore may require you to press charges against the perpetrator in order to receive their financial help. Your income is another factor that should be considered when determining how much your settlement is worth. If your injuries are so severe that you are unable to work, or if you are spending time away from work during your court proceedings, you could potentially be losing hundreds or thousands of dollars from a loss of income. Your lawyer will factor that amount into your settlement as well.

Originally published here.

Joel McLaughlin
Learn more about Los Angeles Drunk Driving Accident Lawyer
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