Laws under DUI vehicle violence in California

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Laws under DUI vehicle violence in California 

Laws under DUI vehicle violence in California include two primary laws. Vehicle Code 23152 (a) VC  makes it illegal for the driver to drive under alcohol’s influence. And Vehicle Code 23152 (b) VC makes it illegal for the driver to drive with .08% BAC or greater. Below, we will explain the laws under DUI vehicle violation in more detail. 

Laws under DUI vehicle violation in California

The first law under DUI vehicle violation in California (Vehicle Code Section 23152 (a)) states that it is illegal to operate any motor vehicle when a person is impaired due to the influence of drugs and alcohol. Also, prosecutors try to substantiate the charge by reporting driving patterns and other symptoms and signs of intoxication. These include in the report of the officer. Some of these symptoms are the odor of alcoholic beverages on the driver’s breath. Also, one can find the odor on the person, watery, bloodshot eyes, poor performance on sobriety tests, and an unsteady gait.

The second law, or California Vehicle Code Section 23152 (b), mentions that it is not legal to drive a motor vehicle with BAC or blood alcohol content greater than 0.08%. Prosecutors attempt to substantiate the charge by considering the results of chemical tests. Such tests comprise urine tests, breath tests, and blood tests. In the cases of DUI, where only drugs are there and not alcohol, one can charge the driver with California Vehicle Code Section 23152 (a). 

Laws under DUI vehicle violence in California: Drunk driving penalties in California

First DUI

A person who gets convicted for a first DUI has imprisonment in county Jail for a period of 96 hours to 6 months. They may also have to pay a fine of three hundred ninety to a thousand dollars. Besides, the license suspension period for the driver is 6 months. 

Second DUI

Someone who gets charged with a second DUI within ten years of the first DUI faces imprisonment in the county jails for 90 days to a year. Additionally, he might have to pay a fine of three hundred ninety dollars to a thousand dollars. And the suspension period for a driver’s license is around 2 years. 

Third offense misdemeanor DUI

For a third offense misdemeanor DUI, one can face imprisonment for 120 days in the county jail with a license suspension of 3 years. Or one can drive with IID for 2 years along with 30 months in DUI school. In addition, the person with a third DUI will have to pay a fine of three hundred and ninety dollars to a thousand dollars.

DUI with an injury is a misdemeanor

A DUI with an injury is a misdemeanor that can cause the person responsible and imprison for 5 days to a year in the county jail. The fine will range between three hundred and ninety dollars to five thousand dollars and restitution to the injured parties. Suspension of the driver’s license will be for 1-3 years. Or the driver may drive for 6 months with IID along with 3, 18, or 30 months of DUI School.

First-offense DUI with felony

First-offense DUI with felony or injury can range from 16 months to 16 years in state prison. It can cost up to one thousand fifteen to five thousand dollars in fines along with restitution to the injured parties. Also, the suspension for the driver’s license can range from a year. Or you can drive with the IID for a period of 18 to 30 months of the DUI school.

Felony DUI

Lastly, a felony DUI can range between 16 months to 2-3 years in state prison. The fines can cost you between three hundred ninety to a thousand dollars. Additionally, a suspension of the driver’s license for around 5 years with 18-30 months of DUI school. 

Laws under DUI vehicle violence in California: Conclusion

We have discussed above all the laws under DUI vehicle violation in California. If you are charged with a DUI vehicle violation in California, you can reach out to the best law office at https://www.skbesq.com.

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