Car Accident Lawyer

California DUI

By: KEVIN STITH

Drunk driving is operating a motor vehicle while in an intoxicated state.

Driving under the influence of alcohol or drugs is illegal in the state of California. Apart from motor vehicles, the law also applies to boating and piloting of an aircraft. The lives of hundreds are at risk in an aircraft and even more stringent laws exist for pilots.

In the state of California it is illegal to drive under the influence of alcohol and/or drugs. A person is considered to be driving in an intoxicated state if his or her blood alcohol content is .08% or greater. A lower standard applies to those under the age of 21. A person convicted of DUI for the first time can be jailed for six months and fined $1000. The offender’s license can be revoked and the car impounded by authorities. Any prior offense of a similar nature can increase the penalties.

Police are well-trained in identifying a drunk drivers. Swerving, lane straddling and driving too close to another vehicle are the first signs that put a police patrol on alert. When they pull the driver over, they look for slurred speech, bloodshot eyes and the odor of alcohol on the driver's breath. A driver, if suspected to be driving while in an inebriated condition, may have to undergo a Field Sobriety Test. This involves tests such as being asked to walk in a straight line or recite the alphabet. They may also have to undergo a breath test as well as have a blood sample taken for testing.

Based on California law, a drunk driver 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.

Alcoholism and drug abuse are also diseases and offenders, apart from being punished, must also be treated. Merely serving a jail term does not achieve much, as the offender could once again revert to their old habits, once they are free.

Laws such as the California DUI have been designed to prevent the social ill effects arising from drunken people causing harm to themselves and others around them.

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