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California's DUI Laws: Impact of Prior Convictions on Penalties

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Each state has its own laws pertaining to road use and violation. Driving under the influence (DUI) is one violation included by many if not all states in their laws. In fact, each state has its own DUI / DWI Laws Enforcement. Most states adopt laws making illegal driving with a blood alcohol concentration (BAC) of .08 percent or above.  Devices may be used as reference to determine the BAC. Calculators and charts are used to predict BAC percentage. However, these tools are not 100% certain. The BAC equation can be attributed to factors such as weight, gender and body fat. Hence, it does not take much alcohol to become legally drunk.

Penalties for a DUI in California

While the laws of each state are similar, each state, however, does not treat a DUI conviction exactly the same. Each state imposes different penalties and fines for drunk driving.

Moreover, DUI conviction imposes jail term, fine payment, license suspension or revocation. There is a greater possibility that license may be confiscated upon failure or refusal to take a breath or chemical test. In some states, this act of confiscation is called an administration license suspension that usually falls under the state’s implied consent law.

In other states, convicted drunk drivers are only allowed to drive if their cars have ignition interlock device. This device is used to analyze a driver’s breath and disable the ignition if the driver has been drinking. In other states also, multiple drunken offenders face the probability of having their cars seized and auction off by the state.

In California for instance, different jail terms and fines are imposed depending on how many times a motorist has been convicted.

Impact of Prior DUI Convictions in California

For first drunk driving conviction, the convicted driver will spend jail time from 96 hours to 6 months, pay fine from $390 to $1,000 and have his license suspended for three years. The driver must also complete a Driving under the Influence Program; install Ignition Interlock Device in his vehicle; and provide proof for financial responsibility for reinstatement.

For second conviction, aside from the above penalties, the convicted driver may apply for a restricted driver license.

For third and fourth convictions, higher penalties than that of first time DUI convicts apply.

California's DUI Specific Bills

California also implements various laws addressed at DUI offenders. These laws are as follows:

  • Assembly Bill 911
  • Assembly Bill 1165
  • Senate Bill 1190
  • Senate Bill 1388
  • Assembly Bill 2802

If a DUI driver causes injuries to innocent individuals or damage a certain property, a personal injury case or a damage suit may be filed against them. A car accident lawyer may be hired to pursue compensation claims against them.

More info: Driving Under the Influence

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