Posts Tagged ‘DUI’

Holidays are a nightmare for traffic handlers as this the time when most accidents related to drunk driving occurs. It is a fact that most individuals feel compelled to increase their alcohol intake during holidays and then unfortunately think that they will have the same responsiveness as when they are sober.

It is also a fact that during holidays, alcohol-manufacturing companies increase their ads to lure drinkers to increase their intake in order to boost their profits. This advertising is done both directly and subliminally and it is the drivers who are left holding the stick at the wrong end of the law.

Holiday Drunk Driving and Young Drivers

Statistics show that young drivers between the ages of 21 to 34 accounts for most of the alcohol related accidents and road deaths during holidays. The same study shows that of all arrested DUI offenders, this age group pool possess the highest blood alcohol content levels and this same group are most unlikely to change their drinking habits during holiday periods.

Many cops will tell you that young drivers are some of the most inexperienced individuals behind the wheel of a car. They are unable to negotiate difficult or unsuspecting traffic maneuvers and are the most likely to cause traffic accidents. This fact coupled with the loss of coordination caused from alcohol consumption is like a time bomb waiting to explode.

Peak Holiday Drunk Driving Crashes

Most individuals would think that New Year’s Eve would have the highest levels of drunk driving crashes. This is due to the high consumption of Champaign and other beverages. However, to the surprise of many, New Year’s is a distant second to thanksgiving.
Thanksgiving is a time of family togetherness where families come together to celebrate the year’s successes and just share time with each other. During this time, there is extensive alcohol consumption that leaves individuals usually spent by the end of the day. Most family members will visit from locations all over the country and then must leave by the end of the day to prepare for regular events the following day. During their travel back home, they are then left at the mercy of fate. Unfortunately, many do not make it, as they are unable to negotiate their way back home and end up included in the statistics of holiday drink driving crashes.

Alaska the Queen of Holiday Drunk Driving Crashes

A little known fact is that Alaska has the highest rate of holiday drunk driving fatal crashes in the US. Many theories have been put forward as to why this is so, but just as the reasons are many, the same is the amount of rebuttals.

However, one of the strongest suggestions is that these holiday crashes are related to the extended cold seasons that exist in the state. This extended cold season results in individuals consuming more alcohol in an effort to keep their internals warm. This high alcohol consumption coupled with the icy road conditions make controlling a vehicle almost impossible. This then leads to severe traffic accidents that unfortunately are often fatal.

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.