California DUI Penalties
Each year, countless California drivers are arrested for driving under the influence of alcohol, or DUI. Unfortunately, if you are one of these individuals, you face a number of severe criminal penalties if you are convicted of the offense. With the state’s tough sentencing guidelines, California DUI penalties are some of the strictest in the nation. As a result, any person caught driving with a BAC above this percentage is considered legally impaired-regardless of his or her ability to drive. State law also prohibits underage motorists from driving with any amount of alcohol in their system at all, while commercial drivers are deemed impaired with a BAC of 0.04% or higher. If you do not submit to these tests, you can expect to be arrested for driving under the influence. Regardless of the reason for your arrest, a drunk driving conviction carries a number of penalties, including a fine, license suspension, and jail sentence. Assuming it’s your first offense, the court may impose a fine ranging from $390 to $1,000, as well as suspend your driver’s license for up to four months. If you think the penalties for a first-time DUI offender are tough, consider this: if you have a prior conviction on your record, a second offense carries up to a one-year jail sentence, $1,000 fine, one-year license suspension, and three to five years of probation-and these penalties only increase with each subsequent DUI conviction. You can also expect harsher punishment if you had an extremely high BAC, were traveling with a passenger under the age of 14, or were driving 20 miles or more above the speed limit at the time of your arrest. There are a number of ways to challenge a drunk driving arrest.
Laws, Penalties, Diversion, and Administrative License Suspension Information
ISSUE ONE: The Kansas Implied Consent / Administrative Suspension Proceeding: Under Kansas implied consent law, any person who operates or attempts to operate a vehicle within the State of Kansas is deemed to have given consent to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. Kansas license was most likely suspended pursuant to the above implied consent law. Important: The administrative license suspension proceeding and the criminal DUI case are completely separate from one another. RELATED TO ISSUE ONE ABOVE: Your Kansas driver license may be suspended in the administrative license suspension for failing or for refusing a chemical test for alcohol and / or drugs. Talk to your Kansas DUI lawyer for possible license suspension lengths and restrictions for your situation. No. Kansas law does not allow for the issuance for any type of hardship / work license. Note 2: Expect more jail time if you have a child under 14 in the car with you at the time of your DUI.Note 3: A fifth or greater conviction will result in a permanent revocation of your Kansas drivers license. In the Kansas DUI diversion program, you must admit that you are guilty of a DUI and agree to be supervised for one year. If you are a Kansas licensed driver and you are convicted of a DUI / DWI / OWI charge in another state, Kansas will suspend your license if it learns of the conviction. You have an absolute constitutional right to represent yourself on any criminal charge no matter how serious including an Kansas DUI. Keep in mind that Kansas DUI defense is complex as shown by the information in this website.
Drunk Driving in Canada. Finding an Impaired Driving Lawyer
Canada’s roads and its drivers are protected under the Highway Traffic Act. The purpose of the act is to guarantee the safety of all drivers at all times, which is why it includes provisions which limit the amount of alcohol drivers may have in their bodies. BAC can be measured by a device called a breathalyzer, which has small tube police officers can make a driver who they suspect has been drinking blow into. The federal legal blood alcohol content for driver is 0.08; anything over that number is a criminal offense. Drivers do not have to be over the 0.08 limit to be charged with impaired driving if they are driving recklessly with alcohol in their system. You don’t need a breathalyzer or blood test to have an impaired charge, nor does it need to be alcohol related. An impaired driving can result where the person’s ability to operate the car is impaired by alcohol or a drug. Although the charges are different, the penalties associated with it are exactly the same as an impaired driving charge. As mentioned above there are many terms for Impaired Driving. Province1st Offence2nd Offence3rd OffenceSubsequent OffencesAlberta1 year3 years5 years5 yearsBritish Columbia1 year3 yearsindefinitelyindefinitelyManitoba1 year5 years10 yearslifetime suspensionNew Brunswick1 year1 year1 year1 yearNewfoundland and Labrador1 year3 years5 yearsLifetime suspensionNova Scotia1 year3 yearsIndefinitelyIndefinitelyOntario1 year3 yearsIndefinitelyIndefinitelyPrince Edward Island1 year3 years5 years5 yearsQuebec1 year3 years5 years5 yearsSaskatchewan1 year3 years5 years5 yearsNorthwest Territories / Nunavut1 year3 years5 yearsIndefinitelyYukon1 year3 yearsIndefinitelyIndefinitely.