ca dui laws | Apple Valley Bail Bonds

Published March 11, 2019

Will California Make it Easier to Get a DUI?

M.ost 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 restitutions 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%?

Published March 7, 2018

Autopilot Is Not the Same as Automated Driving

Today’s modern world has granted us all access to a lot of different and spectacular technologies. You can now print from any smart device without needing to plug a cable into the printer. If you have a Tesla, you can even summon your car from its parking spot. This is called Enhanced Autopilot and it allows Tesla vehicles to do some pretty amazing things.

However, this autopilot feature does not allow the car to drive itself, nor does it allow a driver to drive while drunk. This is a lesson one San Francisco man learned the hard way. Recently, one San Francisco man was pulled over by California Highway Patrol on the Golden Gate Bridge. The reason being, the car was stopped in traffic with the driver passed out behind the wheel.

When officers awoke the man, he assured them that everything was okay because his car was on autopilot. He swore that made his drunken state okay, however, it does not. Tesla’s Enhanced Autopilot should not be confused with automated driving. Enhanced Autopilot is an advanced driver-assistance system, it does not drive the car on its own.

Due to that fact, it is not okay for someone to get behind the wheel of their Tesla while drunk, like this San Francisco resident did. When officers tested the man, he had a Blood Alcohol Concentration (BAC) of more than double the legal limit. The California Highway Patrol immediately arrested the man on suspicion of DUI.

Since the incident, Tesla has confirmed that its Enhanced Autopilot feature is meant to be used only with a fully attentive driver. Fully automated cars are still pretty new technology, and are pretty hard to get a hold of. For the time being, people will just have to keep driving on their own, which means staying away from the wheel while drunk.

Published January 23, 2018

Drive High, Get a DUI

2018 is bringing a lot of new changes to California laws. One of the biggest is that licensed dispensaries will be able to sell marijuana to anyone who is over the age of 21. This new law will make it easier for individuals to get ahold of marijuana, which will likely lead to more people using this. Unfortunately, this can include drivers.

A person should never get behind the wheel of a vehicle when they are under the influence of any kind of substance. Doing so can negatively affect their ability to safely drive a vehicle, and lead to an accident. This is why the California Highway Patrol (CHP) has started a new campaign: Drive high, get a DUI.

This new campaign is to remind everyone that it is illegal to drive while under the influence of drugs or alcohol. This includes driving while high on marijuana. Being high can impair a person’s motor skills and reaction times. This makes them more likely to get into an accident than drivers who do no smoke marijuana.

In an effort to keep the roads safe, the CHP will pull over anyone who they suspect is driving under the influence of drugs or alcohol. If a person wishes to avoid this, then they need to be safe while driving. This means they should not drink alcohol, or ingest marijuana, before getting behind the wheel of a motor vehicle.

Published September 6, 2017

DUI Checkpoints in California

If you did a lot of driving over the Labor Day weekend, it is likely that you encountered a DUI checkpoint at some point. It might have been a bit bothersome, since the checkpoint probably backed up traffic slightly, but it was for a good reason. The point of DUI checkpoints is to identify drivers who are under the influence and get them off of the road.

This becomes very important over 3 day weekends, since they tend to involve a lot of partying and drinking. This can lead to a sharp rise in drunk driving for that weekend. Law enforcement officers know this, which is why they set up checkpoints in an effort to reduce the number of accidents caused by drunk drivers.

Checkpoint locations will be posted ahead of time, usually online or in the local paper. As a citizen, you have the right to know this and plan a route that avoids any checkpoints.

If you decide to go through a checkpoint, or you simply did not know it was there, do not worry. Not every car gets stopped, and even if an officer stops you, there is nothing to worry about. Usually, the officer will ask to see your license and registration, before asking you a few quick questions. Unless they find reason to believe that you have been drinking, such as slurred speech or the smell of alcohol on your breath, they will let you go on your way. If they do believe that you have been drinking, they will ask that you pull over to the side and they will treat you like a typical DUI stop.

The ultimate goal of these checkpoints is to reduce accidents caused by drunk drivers. According to the Center for Disease Control and Prevention, DUI checkpoints have the ability to stop 1 in 10 deaths caused by DUI related accidents.

Published June 6, 2017

Is Driving While Hungover Ok?

Everyone knows that driving while drunk is a bad idea. While drunk you have poor motor control, and lack a sense of adequate risk assessment. Basically, you can’t control your actions well, and you do things that you wouldn’t normally do while sober. It is easy to see why people should not be driving in this state of inebriation.

However, what many people do not realize, is that driving while hungover can be just as bad. When a person is hungover, they may not have any more alcohol in their system, but they are experiencing other symptoms. People who are hungover are usually experiencing sleep deprivation, dehydration, and short-term alcohol withdrawal. The symptoms of all of these can make driving difficult and dangerous for the person.

A study conducted by researchers at Utrecht University in the Netherlands found that hungover drivers drove worse than drivers who had a blood alcohol concentration (BAC) of 0.05%. The drivers exhibited erratic behavior and slowed reaction times.

Similar results were found by a study conducted at the University of West England.

If a person was out drinking the night before, he or she should think twice before getting behind the wheel the next morning. Doing so could be as disastrous as if he or she had driven the night before. After a night of drinking, a person should take it easy the next morning. Stay at home, rest, and get hydrated. Doing this will be much nicer than driving anyways, and it will be safer too.