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Drunk Driving Laws in California
January 19, 2010
Author:
Chris M. Alexander
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California has implemented and formulated certain laws pertaining to driving under the influence of alcohol or drugs. The following information is related to laws and penalties for DWI/DUI in California.
California DWI/DUI Laws
- Any person driving under the influence of alcohol or drug is against the law
- Any person having 0.08% or more, by weight, of alcohol in the blood is not liable to drive
- The state of California forbids driving for any person driving under the influence of any kind of illicit drug or alcohol
- Any person having 0.04% or more by weight of alcohol in the blood cannot drive a commercial vehicle in the state of California
California Secretary of State and Driving Laws
- Section 23152 of CA law says if a person is under the direct or combined influence of any alcoholic beverage or drug, they are not permitted to drive in the state.
- If 0.08% of alcohol is found in the blood of a person while doing a chemical test within three hours of driving, that person is not allowed to drive any vehicle
- If a person is participating in a narcotic treatment program, they can drive a vehicle if permitted by the Secretary of State of California
DWI Penalties in California
Penalties for drunk driving are incredibly complex in the state of California. If you have a conviction for driving with a BAC of 0.08% or more within the past ten years, you will bear a minimum jail sentence. Two or three priors within the last ten years will result in felony charges and state prison time. If the blood alcohol content in your body is 0.15% or higher, the state of California imposes a longer sentence. Also, if you refuse the chemical testing, you are subject to an increased jail term as per the administrative suspension for refusal.
Driving in excess of a specified speed or recklessly with a BAC measuring .08% or more leaves you subject to punishable laws. The state of California may impose enhancement of the punishment depending on the seriousness of the situation.
If you are under the influence of alcohol or drugs and have a minor passenger under the age of fourteen in the vehicle, California imposes increased penalties for the person.
The state of California also imposes stricter laws in case of injuries or accidents caused by a person driving under the influence of alcohol or drugs. The existence of property damage or personal injury may trigger to a more serious sentence. Also there are jurisdictions in the state that elevate the offense of personal injury to felony status.
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Tags: BAC, Driving Under the Influence, Drunk Driving, Drunk Driving Laws, DUI, DWI Penalties This entry was posted
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Tuesday, January 19th, 2010 at
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Blood Alcohol Content, DUI, Drunk Driving .
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Drunk Driving Laws in California – DWI Penalties – State and Driving Laws | DWI Blog…
California has implemented and formulated certain laws pertaining to driving under the influence of alcohol or drugs. The following information is related to laws and penalties for DWI/DUI in California….