Posts Tagged ‘ california dui laws penalties ’

California DUI Laws

Wednesday, November 4th, 2009

California DUI Laws are so strict that the state leads the nation in DUI arrests. These laws are meant to reduce the number of drunk driving cases. Victims and survivors of drunk driving crashes have supported the DUI Law. It is important to have strict DUI Laws so that drunk drivers are not allowed to put the lives of others at risk. Drunk driving is the most frequently committed violent crime in California. It is necessary to punish an offender under different DUI laws that try a person accordingly, including varying penalties if causing death, injury, or personal or property damage.

dui-laws

California DUI laws include specifics such as blood alcohol content level test, license suspension or revocation, checking of ignition interlocks device in the vehicle, field sobriety test to assess physical and mental alertness, etc. First time offenders charged under DUI law could be sentenced to jail with minimum fine. But second offenses occurring within seven years of the first are dealt with more harsh law. It could be minimum ten days of jail and fines up to $10,000. And suspension of driving license for not less than three years. DUI Laws have severe criminal penalties based on the severity of the outcome of DUI related crash. One must also consider the emotional aspect that can affect the passing of DUI laws.

California DUI laws have changed over the years in order to curb the increasing number of deaths and injuries occurring due to DUI related accidents. DUI laws have been argued to be unconstitutional in that by automatically finding drivers guilty, a person loses his/her right to have a trial by jury. But at the same time it has been argued to be ‘legal per se’. Unfortunately, DUI accidents take an innocent life every thirty minutes, so it is argued that DUI laws should allow for impartial jury trials.

California DUI Fines

Wednesday, November 4th, 2009

When a person is found guilty of driving under the influence of drugs or alcohol, DUI fines can be a part of his/her penalty. DUI fines may be subject to the discretion of the judge presiding over the DUI related case. Nature of fines depends on the type of DUI charge a defendant may face. There are two types of DUI fines namely criminal fines and restitution. The former are generally imposed in a criminal case, while restitution ordered in a civil case. As criminal DUI fines are intended to punish the offender for their crimes, restitution fines are intended to compensate the victim of personal injury or other losses as a result of a DUI accident. State’s motor vehicle department can also impose DUI fines by revoking offender’s license permanently or for a period of time. DUI fines also include changes in the insurance premiums to be paid for automobile insurance.

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The factors that affect DUI fines include the specific facts of a defendant’s case, and the state or jurisdiction where the crime took place. DUI fine is determined through criminal justice system. In addition to DUI fines there could be jail term, revocation of offender’s driving license, etc. Sometime the offender may be require to complete DUI school, community service, or a drug/ alcohol treatment program under criminal justice system. These programs sometime reduce the DUI fines. DUI fines are intended to punish a DUI convict and deter him/her from committing similar offenses in future.

DUI fines can be enhanced under a number of circumstances. A lawyer can protect your interests in a DUI case. They know the laws applicable to your case and may be ale to find ways to reduce DUI fines and other penalties. You should also consider the time that will be required of DUI legal proceedings and a variety of related costs.