Posts Tagged ‘California DWI Laws’

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DWI Felony in California

Posted on Mar 14, 2011

If you are charged with DWI in California for the fourth time in ten years, then according to the DWI laws of California you will be charged with a DWI felony. However, if your DWI has led to the death or severe injury even in the first offense, it will be still considered as a felony.

Felony DWI Charge in California

A felony DWI is considered to be extremely serious and can affect your life tremendously. Though, in California every DWI is not considered to be felony, repeated DWI charges can lead to a felony. However, if you have been convicted for the first, second or third time and there are no aggravating factors, then your DWI will be considered a misdemeanor. A DWI will be considered a felony in California under conditions like:

Has led to one or more injuries or deaths
Three or more DWI convictions within the past 10 years
At least one DUI felony conviction

Penalties for a DWI felony in California

While DWI in California results in a misdemeanor changes, you can be charged with felony depending on the crime committed. Penalties for a felony charge are much severe as compared to misdemeanor. A felony will result in longer duration of jail time in the California prison system.

Under California Vehicle Code Section 23153, if you are driving a motor and your BAC is 0.08% or greater and has caused bodily injury, you can be convicted of a felony DWI charge. In case of first offense, the penalties will include imprisonment in the county jail for 180 days to 1 year for a misdemeanor, and imprisonment in the state prison for 16 months or 2 or 3 years for a felony, and a fine of $390 to $1000. Apart from this, you will have to face a 3-5 year probation sentence and you might also have to attend some alcohol treatment/counseling programs.

If you have had earlier DWI charges and it is your third DWI/Wet Reckless offense, you will be charged with a DWI Felony pursuant to California Vehicle Code Section 23152. This will result in imprisonment in the county jail for 180 days to 1 year for a misdemeanor, or in the state prison for 16 months or 2 or 3 years for a felony with a fine of $390 to $1000. It will also lead to a 3-5 year probation sentence along with alcohol treatment/counseling programs.

Arrest and court procedures for a DWI felony

When you are arrested for DWI, the police officer will provide you with the Miranda rights. If it is a California felony DWI case, then you will have to surrender your driver license but you can still continue to drive the vehicle for 30 days pending a review by the Department of Motor Vehicles (DMV). But if you refuse to submit to a chemical test to analyze your BAC at the time of the arrest, then it will result in 1-3 year license suspension.

California has strict rules for DWI and can lead to felony which can affect not only your driving record but also your life. You should therefore, avoid drunk driving and save yourself from such severe charges.

Christina Aguilera Arrested for Public Intoxication

Posted on Mar 07, 2011

Christina Aguilera was detained for public intoxication early this week and many media outlets are reporting that her new boyfriend was arrested for DWI. Law enforcement officers in Southern California booked Christina on a misdemeanor charge and detained her because she was so drunk that she could not take care of herself.

Christina Aguilera Arrested for Public Intoxication

Christina Was Extremely Drunk

The 30 year old songstress, was “extremely intoxicated” while riding in a vehicle that was pulled over just after 2:30 am on an L.A. street a County sheriff spokesperson said. Matthew Rutler was driving the vehicle.

Star Had No Idea Where She Was Due To Drunkenness

Sheriff’s department reported that Christina Aguilera did not know where she was but she did cooperate with law enforcement officials. They also state that she was not belligerent.

The Traffic Stop and DWI Arrest

The incident began when sheriff deputies observed a Ford Mustang burning rubber and fishtailing onto a street. In Los Angeles, if tire burnout can be heard more than 100 feet away it is considered to be an exhibition of speed which gives law enforcement the reason to stop the vehicle.
After stopping, the Mustang, deputies could smell alcohol on the breath of the driver. This prompted them to perform a field sobriety test to determine the driver’s BAC (Blood Alcohol Content). The test revealed that the driver was over the legal limit. A driver in California is over the legal limit if the BAC is over 0.08%.
The Mustang was pulled over near Los Angeles’s famous Sunset Strip, which is home to many Hollywood nightclubs. Aguilera’s male companion was arrested on suspicion of DUI but later released on bail.

California DWI and Drunk in Public Statutes

Sheriff spokesperson said that the singer/songwriter appeared drunk and could not take care of herself during the traffic stop and after the driver was arrested, she had no one to take her home. She was arrested on suspicion of being drunk in public so that the Sheriff’s Department could hold her until she could take care of herself. California DWI law permits law enforcement officers to detain drunken citizens for their own protection until they can take care of themselves without any intent of prosecuting them.

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California SR22 Auto Insurance

Posted on Oct 21, 2010

Drivers in California need SR22 auto insurance policies because of a DUI or many other reasons. When driving license is suspended the Department of Motor Vehicle (DMV) may allow them a restricted drivers’ license which will also require an SR22 auto insurance filing. A California SR22 auto insurance filing shows that a driver has adequate liability insurance.

California SR22 Auto Insurance Filings And DUI Convictions

Most of the time when the liability insurance of a driver is cancelled in the state of California they will have to get automobile insurance again before 90 days. Insurance carriers of drivers will let the Department of Motor Vehicle know that drivers insurance has been cancelled. When a driver is involved in a traffic accident and they have no liability insurance or get convicted of a DUI their driving license will be taken away. The driver can be given a restricted drivers license and a California SR22 auto insurance filing will be required from the driver. This filing shows a driver has adequate liability insurance.

DMV Notification And California SR22 Auto Insurance

All states in the US require that drivers have adequate liability insurance at all times. The state of California also requires that insurance carries notify the DMV of the insurance disposition of all automobiles. Drivers must show proof of insurance when they renew the registration of a car or when they first register a vehicle in the state. A SR-22 auto insurance filing is the notification of liability insurance for a driver that is considered a high risk driver. This filing has variances depending on the reason for the suspension of driving license. 36 months is the average amount of time required for this filing. When there is a change or a driver cancels the liability coverage before the 36 months, the insurance carrier will notify the California Department of Motor Vehicle that a driver no longer has coverage.

Finding California SR22 Auto Insurance

Acquiring a California SR22 auto insurance carrier is a tough job however it is not impossible if drivers start looking early on and give a little effort to locating one. Quite a few California auto insurance carriers provide driver with DWI convictions liability coverage. The insurance they provide to DUI convicted drivers is affordable when compared to regular insurance carriers. Many California liability carriers have quotes available on the internet. Drivers can look at quotes from many different SR22 insurance carriers to pick the best and cheapest policies.

California SR22 auto insurance issues can be difficult for drivers with DUI convictions to understand so these drivers should seek proper representations when dealing with these issues.

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