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halloween dui costs in california

Halloween and DUI’s

halloween dui costs in california

October is here and that means Halloween is only a few weeks away. For kids, this means getting ready for a massive candy score after trick-or-treating. Adults are often more concerned with what parties they will be attending that night. These can be a lot of fun, provided the person is responsible with their actions.

It’s no secret that there will be alcohol at these parties, and most adults will enjoy themselves. This alone isn’t a problem. The real problem arises when people who have been drinking decide that they are going to drive. Drunk driving is always a bad idea. It can get a person into a lot of trouble, and yet people break this law all of the time.

DUI Is Illegal in California

It is illegal to get behind the wheel of vehicle while intoxicated, or high, in the state of California. The reason for this is that being drunk, or high, greatly reduces a person’s mental capacities. They have less control over their body movements and have slower reaction times.

All of this adds up to really bad driving. If something unexpected happens in front of a drunk driver, they will be less likely to react in time to avoid an accident. They also struggle to perform simple tasks such as driving in a straight line. Bottom line, all of this puts people in danger.

Penalties of Driving While Drunk

The penalties for driving while drunk here in California depend on a few different factors. For starters, is this the driver’s first time breaking this law, or have they done this before? Also, was someone injured or even killed due to the driver’s actions. All of this plays a part in how the driver is punished for driving drunk.

For a first time offense, a person faces:

  • Up to 6 months in county jail.
  • A max fine of $1,000.
  • A 4 month driver’s license suspension or 6 months with an ignition interlocking device (IID).
  • 3 – 9 months of DUI school.

A second offense comes with:

  • Up to 1 year in county jail.
  • A max fine of $1,000.
  • A 2 year driver’s license suspension or 1 year with an IID.
  • 18 – 30 months of DUI school.

Third and subsequent offenses come with:

  • Up to 1 year in county jail.
  • A max fine of $1,000.
  • A 3 year driver’s license suspension or 2 years with an IID.
  • 30 months of DUI school.

If another person is injured due to the driver’s actions, then the driver can face either misdemeanor or felony charges. For a misdemeanor DUI with injury, the penalties are pretty much the same as a first time DUI offense, except the max fine is increased to $5,000. For felony DUI with injuries, the penalties are:

  • 16 months to 16 years in state prison.
  • A max fine of $5,000.
  • 1 year of driving with an IID.
  • 18 – 30 months of DUI school.

As one can see, the more often a person drives while drunk, or high, the worse the consequences become.

Don’t Drive While Drunk

Driving while drunk is bad enough on any other day of the year, but becomes extra dangerous on Halloween. On this night, lots of kids are out and about trick-or-treating. This means that a drunk driver is more likely to get into an accident on this night, and that accident is more likely to involve children.

No sane person would want to risk getting into a car accident with children, so why take the chance? That is why anyone planning on drinking this Halloween should also plan a safe ride home. Assign a designated driver (DD) before going to the party, and make sure the DD knows they are the DD. In addition, getting a safe ride home is less than a phone call away nowadays with apps like Uber and Lyft. There is no reason for anyone to drive drunk.

A person can usually also count on a friend or family member to come pick them up too. While the loved one may not enjoy the call, it is arguably better than finding out someone was hurt because they decided to drive drunk rather than bug someone.

Let’s keep this Halloween safe and fun by not driving while drunk or high this year!

new bac level in california

Will California Make it Easier to Get a DUI?

new bac level in california

Most people are aware of the fact that driving while drunk is a very bad thing to do. Driving under the influence (DUI) is an incredibly risky and dangerous act, not just for the driver, but everyone else they pass on the road. This is due to the fact that alcohol impairs a person’s abilities and thoughts, making them unfit to drive any sort of vehicle.

Despite knowing this fact, many drivers out there still break this law every single day. These drivers convince themselves that they are fine to drive, and that they aren’t that drunk. They drive off to wherever, and that’s where things go wrong.

There are laws against drunk driving in every single state in the Union in order to keep people safe. The laws here in California may just become a bit stricter thanks to a proposed bill currently going through the California State Assembly.

Current DUI Laws in California

The laws against drunk driving here in California are pretty straightforward and mesh with the laws in most other states. Anyone who is caught driving a motor vehicle, whether it be a car, truck, or boat, with a blood alcohol concentration of .08% or greater is guilty of committing DUI under state law.

For the most part, DUI in California is charged as a misdemeanor offense, unless someone was injured as a result of the crime. A first time DUI offense earns a driver:

  • Up to 6 months in jail.
  • A max fine of $1,000.
  • 4 month driver’s license suspension.
  • Up to 9 months of DUI School.

Subsequent offenses earn a driver more jail time, longer license suspensions, and more required DUI School. After a driver receives four DUI’s, or injures someone due to their recklessness, they will be charged with felony DUI.

This comes with much heftier consequences, including:

  • A state prison stay ranging from 16 months to 16 years.
  • A max fine of $5,000, plus any owed restitution to victims.
  • A driver’s license suspension ranging from 1 to 5 years.
  • 18 to 30 months of DUI School.

The exact consequences of felony DUI are dependent on the circumstances of the crime in question, mainly if another person was injured or not.

California Assembly Bill 1713

Recently, California lawmakers in the State Assembly began considering Assembly Bill (AB) 1713. This new bill seeks to tighten restrictions on drunk driving by lowering the legal BAC in California. At first, this bill seeks to make it more legal for those who have been drinking to drive, it actually does the opposite.

By lowering the BAC from .08% to .05%, as the bill proposes, less alcohol would be required to be in a person’s blood for them to be considered drunk while driving. Many people across the state are in favor of this because they feel that having the standard at .08% is too high, and far too many drivers get away with driving while drunk because they didn’t reach that threshold.

This new proposed standard may seem extreme, but it is important to remember that commercial drivers, taxi drivers, truckers, and bus drivers, are all held to this standard already here in California. This proposed bill would be relatively new ground, since only one other state in the country has lowered the BAC of DUI’s, that state being Utah.

Don’t Drive While Drunk

Driving while drunk is never a good idea. It puts the driver’s own life at risk, as well as everyone else’s. While intoxicated, a person’s brain is not up to the task of controlling a motor vehicle. They have slower reaction times, less control over their body, and therefore are more likely to get into an accident.

With today’s modern technology, there is no reason to drive drunk. Anyone with a smartphone in their pocket can easily call a friend or family member to come pick them up, or better yet, hire a driver to come get them. With taxis, Lyft, and Uber, getting a ride home has never been easier.

What do you think of this proposed bill? Should California go through with lowering the BAC of DUI’s, or should the limit be left where it is at .08%? Let us know what you think in the comments down below.