DUI In California

Reader’s Question:

Is it true that having even just a glass of wine or a bottle of beer and then driving afterward can already have you arrested for DUI in California?

Mill

Concord, CA

It depends in if you are a minor and under what state you are in. In your case there in Concord, California the answer is yes, it is possible for you to be convicted of DUI even if you have consumed (in your opinion) a small amount of alcohol. It all depends on the result of the Blood Alcohol Content (BAC) test and the level of suspicion of the police officer who have pulled you over. California has one of the strictest laws in the nation governing underage drinking, so anyone caught under 21 and has had a BAC result of 0.01% or greater will face a DUI charge. If you resulted with a 0.05% or greater then you can be arrested and be subjected to two charges, one for underage and a regular DUI charges as well.

To put things in perspective, for most people drinking a 12-ounce beer or one 4-ounce glass of wine or one 1.25-ounce of liquor will already tip your BAC result to over 0.01% to near 0.05%. If this happens to you, you are looking at a one year driver’s license suspension and any subsequent violations and convictions will lead to even more sever punishments, including fines up to the thousands and even jail time. Similarly, individuals who refuse to be tested will mean an automatic suspension of his or her license as well. In some cases, however, if you are 18 or over and have had no prior convictions, you may be able to just attend a 12-hour class regarding safety and alcohol or drug abuse.

Reader’s Question:

A friend of mine was charged with DUI here in Burbank, California. I have done several researches about fines and other penalties a DUI offender might get for his first offense. What I need to know more is the probation involved. How long would be the probationary period for people convicted with DUI?

Bea

Burbank, CA

Penalties are designed to prevent offenders from committing the same offense again. The effect for any mistake is a punishment. Because of the potential consequences of injuries and deaths that may result from DUI offenses, the punishment for them are harsher.

The punishments are decided according to the different factors involved when DUI was committed and the number of times the DUI offense is committed. The type of punishment involves a combination of penalties such as fines, license revocation, court probation, attendance in DUI school and jail term.

Since your friend was charged with DUI in Burbank, California, if he will be convicted, the court probation period is for three to five years in which he has to avoid drinking and driving. The DUI offender does not need to report to a formal court officer. The fines are either paid in full or in installments. The driver’s license is nullified for a period of 6 months. The Department of Motor Vehicles (DMV) has the authority to issue restricted license to travel to school or work. Moreover, the DUI offender may have to attend a DUI school to attend alcohol and drug rehabilitation programs for a period of 12 to 45 hours depending on the level of alcohol concentration in the blood. In California, laws require mandatory jail of 48 hours this may be converted to community service.