Saturday, September 19, 2009

Can You Drink and Avoid the DUI Laws

Because everyone's bodies are different and the law needs a place to draw the line, drunk driving laws in every state have a set blood alcohol content level that is considered "drunk driving." This is .08 in most states. However, many people can be drunk with levels far below this, and the amount of alcohol it takes to reach the "legal limit" according to DUI laws varies from person to person. For this reason, it is best to never drive after drinking.

When does impairment begin? We know that .08 is an unsafe level because once blood alcohol content reaches this point drivers are 11 times more likely to be involved in a car accident. However, what about a blood alcohol content of .02? Is this considered "safe" to drive?

When researchers look at blood alcohol levels to determine what is safe, participants with blood alcohol levels of .02 are already showing a loss of judgment. This is the point where alcohol helps you to relax and enjoy yourself. You do not yet feel drunk, but you are able to party a little harder. However, when you step behind the wheel of a car, you will suffer from lowered visual functions. You will also find it difficult to multitask. This means that simply reaching down to turn on the radio while you are driving could be too difficult for you, causing you to be in a crash.

What about a couple more drinks? Let's say that your blood alcohol content increases to .05. At this level, you can expect to see exaggerated actions, inability to focus your eyes quickly, less alertness, less inhibition, and more impaired judgment. Your coordination is greatly reduced, which is particularly dangerous when you are driving. Your response in an emergency situation is going to be very slow, putting those around you at severe risk. Yet at .05 you are still far below the legal DWI limit.

The good news for other people on the road is that most states have DUI laws that allow the officer at the scene of a crime to arrest you for DUI even if your blood alcohol content level is less than .08. Of course, many drivers are able to get out of these convictions with a skilled DUI attorney, but this will require quite a bit of money out of your pocket, and you will still live with the consequences of causing an accident. If you are going to drink, designate a driver. Even just one or two drinks can severely limit your ability to function behind the wheel of a vehicle.

California DUI Penalties

Driving under the influence (DUI) of alcohol or drugs is an offence that is liable to be punished by law. Drunk driving is the act of operating a motor vehicle under the influence of alcohol. In California, conviction for the offence of DUI carries stringent penalties & punishments.

Penalties for a first DUI offense may include probation ranging from 3 to 5 years, a fine that may go up to $1800, or a 6 month loss of California driver license. A court may also ask an offender to attend DUI schooling for a period ranging from 12 hours to 45 days. Apart from this, there also exists a 48-hour mandatory jail sentence that a person is bound to serve. However, it is possible to have this sentence converted to work service.

Penalties for a second DUI offence may include a probation period ranging from 3 to 5 years, a fine that may go up to $2800, or an 18 month loss of driving license. An 18-month compulsory DUI program may also be awarded. On the occurrence of a second offence a mandatory 96-hour jail term is sentenced. It is also possible to have this sentence converted to work service.

On being charged for a third time with a DUI offence a 3 to 5 years of court or formal probation may be awarded. A formal probation unlike court probation requires a person to report to a probation officer on a regular basis. The amount of fine charged may range from $1800 to $2800. Being charged a third time might also lead to a loss of license for up to 3 years. 18 months of compulsory attendance to a DUI school may also be awarded. The above-mentioned penalties may be combined with a required jail term of 120 days.

A fourth offence is generally considered a felony DUI. Punishment for the same includes up to three years in state prison, permanent termination of license and more. On being charged with DUI it is advisable that a person seeks the help of a professional attorney having adequate amount of defense expertise in the same.