Dui: Risking An Innocent Life

Hitting an innocent pedestrian because youre intoxicated while youre driving bears legal implications but it can also cast a heavy weight on your conscience. Lately, DUI cases have risen in California. As a driver, your responsibility over the wheel and that says a lot about you as the driver.

Most states implement .08 BAC limit. Californias Vehicle Code section 23152 states that you are violating the law when you drive under the influence of alcohol and/or drugs and mandates that you cant operate a vehicle with a BAC of .08 percent or more.

Also, both offenses are charged nonetheless even if only one is violated. But you can be only punished for one since the punishments are identical. The penalties are set by the statute and can be rather complicated.
DUI penalties are based on the following factors:

* Previous conviction within 10 years
* Over speeding at least 20 mph over the limit
* Having a minor under 14 years old in the car
* Having a blood-alcohol reading over .08 BAC limit
* Saying no to chemical testing

The following are the penalties imposed on DUI violations: First DUI Offense

* Jail (96 hours to six months)
* Fine ($ 390 to $ 1000 fine)
* License Suspension (six months)
* Complete DUI Program
* Installed Ignition Interlock Device (IID)
* Proof of financial responsibility for reinstatement

Second DUI Offense (within 10 years of prior conviction)

* Jail (90 days to one year)
* Fine ($ 390 to $ 1000 fine)
* License Suspension (two years)
* Apply for Restricted Driver License (required IID)
* Complete DUI Program
* Proof of financial responsibility for reinstatement

Third DUI Offense (within 10 years of prior conviction)

* Jail (120 days to one year)
* Fine ($ 390 to $ 1000)
* License suspension (three years)
* Designation as a habitual offender
* Application for Restricted Driver License after a year
* IID requirement
* Complete DUI Program
* Proof of financial responsibility for reinstatement

Fourth DUI Offense (within 10 years of prior conviction)

* Jail (180 days to one year)
* Fine ($ 390 to $ 1000)
* License suspension (four years)
* Application for Restricted Driver License after a year
* IID requirement
* Complete DUI Program
* Proof of financial responsibility for reinstatement

Case can be affected by the following factors:

* Case facts
* Local courts and prosecutors policies
* Case weaknesses discovered by the defense lawyer
* Lawyers reputation

Felony DUI provisions applies when the victim was injured. Vehicular manslaughter may be charged if the car accident victim dies.

Be aware if the police are violating your legal rights. It is police protocol to advise you before you are made to submit to field sobriety tests and portable field breath tests. You have the right to choose between breath tests or blood testing. If you dont want do either then you should be advised of the legal consequences you will face.

If the breath test is done at the police station, you may be given the chance to have a blood sample for a testing for an independent testing requested by your lawyer.

When youre arrested, it is also a protocol that you are given or appraised of the Miranda Rights such as the right against self-incrimination prior to any further interrogation.