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Downey California DUI Lawyers |
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California DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
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State
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"Per Se" BAC Level
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"Zero Tolerance" BAC Level
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Enhanced Penalty BAC Level
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"Implied Consent" Law
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| California |
.08
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.01
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.15
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Yes
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DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
"Per se" laws in DUI or DWI cases generally establish that, once an individual is shown to have a blood-alcohol concentration (BAC) at or above .08 percent, that person will be considered intoxicated by law. In such circumstances, no further evidence of intoxication or impairment need be demonstrated for purposes of a DUI case.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
Zero-tolerance laws make it a criminal DUI offense for motorists under the age of 21 to drive with even a negligible amount of alcohol in their system, ranging from 0.00 to 0.01 percent BAC.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
California imposes additional penalties on DUI offenders with a particularly high BAC at the time of the offense, .15 percent. DUI offenders with a BAC at or above Californias enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
California DUI Law Highlights: Selected Penalties (Table 2)
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State
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Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
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Mandatory Alcohol Education and Treatment/Assessment
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Vehicle Confiscation Possible?
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Ignition Interlock Device Possible?
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| California |
6m/ 2y/ 3y
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Both (Education if under 21)
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Yes
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Yes
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Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .15). Some counties, such as Sacramento, require offenders to pay the costs of installation, rental, and maintenance of an ignition interlock device.
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California DUI Lawyers
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