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DUI
laws vary from state to state. As, a general rule, you are in trouble if your
blood-alcohol concentration level is over .20%.
First
and foremost, the legal drinking age is twenty-one. This rule itself leads to
the zero tolerance law. In simple terms, this means that since it is illegal for
people under 21 to drink alcohol, it is also illegal for them to drive any
vehicle with alcohol in their system. So, if you are under 21, and charged with
driving while intoxicated, be prepared to have your license taken away.
In
California, driving under the influence of alcohol invites stiff penalties,
fines and punishment. The offense may also be termed as "operating while
intoxicated" (OWI) or "driving while intoxicated" (DWI). Driving
with an excessive blood-alcohol concentration (BAC), means when you are charged
with DUI, you will need to undergo a BAC test that can involve testing your
blood sample or taking a breath test. As per California law, you can be booked
for DUI if the BAC test confirms a concentration level to be higher than .20%.
Suppose
you are charged with DUI and refuse to take a chemical test. In this case your
driver's license will be suspended, even if you are not found guilty of the DUI
charge. In California, the suspension is for a period of one year. A police
officer may take your license and serve you with a notice of suspension after a
breath-test. This is because in California a "per se" statute provides
for immediate suspension if the breath test result is above the legal limit.
In
California, DUI convictions involve stiff penalties and punishment. The fines
vary by the nature and frequency of the crime. While first time offenders are
fined $250 to $500, a second conviction within a period of five years may invite
a fine to the tune of $500 to $1000. Also, it becomes mandatory for offenders to
take a DUI education course. Keep in mind that these fines and penalties are
aggravated with factors such as the presence of a child under 14 years of age in
the car or the confirmation of an extremely high blood alcohol content.
by
KEVIN STITH
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Los
Angeles - DUI Lawyers.com
