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California DUI/DWI Facts and Statistics

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

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Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Originally published here.

The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.

Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher.  Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:

Jail

Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors.  In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.

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Monetary Fines

You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.

Loss of Driving Privileges

A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.

Mandatory Rehab and Counseling

Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process.  This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.

This information is provided solely for informational purposes and does not constitute legal advice.

Originally published here.