can be charged using 2 types of different crime depending on what you have done. The two are vehicle code 23152(a) which states that you can’t operate any of the motor vehicles after drinking alcohol or under the influence of it.
The second is vehicle code 23152(b) which says that it is a crime to drive a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or any other higher level. This is for personal drivers. While on the other hand if you are a commercial driver, the basic and minimum amount of BAC level is less than 0.04%. If you have a BAC level of more than 0.04% than you are breaking the law.
This is for the people who are under the age of 21 years and have been arrested for the first time. They have a zero tolerance law when it comes to alcohol and DUI. If no one is injured or killed, it will be treated as a misdemeanor offense and if there is someone who is seriously injured or killed, then the law will treat you as a felony.
Amount of Penalties
If you exceeded the limit, you might face more penalties than you normally would. There are various rules that apply here considering whom you are driving with, or if there were any injuries caused. You can check all the situations where the penalties might increase.
- When you are driving with a passenger who is under the age of 14 years
- When you have a BAC level of 0.15%, you will be charged more
- Speed limit also matters here, if the limit is 10 mph and you are driving over that limit driving your vehicle, you will be faced with more penalties
- DUI where the injury is caused or someone is killed
- DUI where there is a fatality, Negligent Vehicular manslaughter or Gross vehicular manslaughter. Gross vehicular manslaughter will usually be charged around 4, 6, or 10 years of prison time.
Along with this, there are other statutes but these will be the most common.
Charges Reduced or Dismissed
DUI charges may be completely dropped by the prosecutor only if they are convinced that there is no probable cause to arrest you for any kind of intoxicated driving. If there is no evidence, the attorney would be able to drop all the charges.
However, if not, you can reduce the charge by applying different criminal offenses such as
- Wet reckless
- Dry reckless
- Drunk in public
It is important to contact an attorney as soon as possible. They will help you out in every situation you may be facing. So, don’t waste more time figuring out what to do and contact the best lawyers in the town.