Eat drink and be merry, just don’t get behind the wheel when you do. The likelihood of getting caught seems to be greater now than before because Traffic tickets, Dui arrests bring in money, something a lot of us don’t have or are reluctant to spend and here’s what you might encounter if you make that choice.
California has two basic drunk driving laws, found in vehicle code section 23152, sections (a) and (b):
A. It is a misdemeanor to drive under the influence of alcohol and /or drugs.
B. It is a misdemeanor to drive with .08% or more of alcohol in your blood.
In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a driver charged with drinking and driving can be convicted of both offenses. Vehicle Code section 23153 sets forth the “felony DUI” provisions where an injury results from the drunk driving, while Penal Code sections. 191.5 and 192 describe the crime of “vehicular manslaughter” where there is a death.
Under section B, if it is determined that your blood alcohol level is a .08% or greater at the time you were stopped, your license will be immediately suspended, under “admin per se,” you will be given a temporary license for thirty days and then your privilege to drive will be taken away, for a specific period of time, and a conviction will stay on your driving record for ten years.
It’s easy to cite laws and consequences this time of year, however a Dui is expensive and the likelihood of being charged with a “wet and reckless”, a serious driving offense involving alcohol, but not high enough for the .08% level is very good.
These tickets mean money to local, county and state municipalities, courts, jails, sheriff. The public is protected, and it’s a safer holiday season,. If you want to have a drink, keep in mind, it only takes one or two beverages, glasses of wine, bottles of beer, shots of a distilled spirits to be charged with a dui, don’t take the chance.
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