Posts Tagged ‘DWI Penalties’

A California DWI charge can destroy your life. If you have been arrested for DWI, you need to have a proper understanding of the California criminal court system or you may not be able to protect your driving license. One of the best things you can do is hire an experienced California DWI attorney.

Two Separate Cases

A California DWI arrest leads to two separate cases, one at the Department of Motor Vehicles and another in court. Both these cases are quite serious, especially the one at the Department of Motor Vehicles as it is very deadline oriented. If you are accused of drunk driving in California, you have just ten days from the date of your DWI arrest to request a Department of Motor Vehicles hearing. Your driving license is going to be suspended automatically if you do not request a hearing within ten days of your arrest.

The criminal case filed against you consists of two different statutes. The first one is the California Vehicle Code Section 23152 (a), proof of whether you were under the influence of enough alcohol to affect your driving skills. The second one is the Vehicle Code Section 23152 (b) where all the focus is on setting punishments and penalties.

Penalties and Punishments

Any penalties and punishment given by the California court in a DWI case are different from the repercussions possible at the Department of Motor Vehicles. Each time you are caught DWI, you risk having your license suspended for a longer period of time. The first offense means a suspension of four months; the second offense means a suspension of one year and the third offense for two years or more.

Even those who are licensed in other states and are arrested for DWI in the state of California can request a Department of Motor Vehicles hearing to protect their driving license. California is one of 45 states that are actively involved in the Interstate Driver’s License Compact. According to Interstate Driver’s License Compact, states can share details about DWI convictions and driver’s license actions with each other.

Felony DWI Charges

A number of drivers face felony DWI charges after being arrested for drunk driving in California. If you have three prior drunk driving convictions within the last five to six years, you will be charged with a felony after being arrested for the fourth time. Felony charges are also applicable to those individuals that cause injury to another individual regardless of whether it is your first offense or another. A DWI with an injury is commonly known as a wobbler offense in California.

According to California DWI laws, there is a washout period of ten years. This washout period is calculated from your first arrest date to your last arrest date. The penalties in California court for a second or third drunk driving conviction are much stricter in comparison to a first offense.

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.