Effective January 1, 2010, the courts and the DMV are requiring inter-locking devices on first convictions. The restriction is for a three year court probationary period at a $1,000.00 additional cost.
If you have been arrested and charged with drunk driving in California, you could face severe penalties if convicted. The Law Offices of Holden W. Green, A Professional Corporation, defends individuals charged with drunk driving in the San Jose area. To schedule a free 35-minute consultation with a DUI / DWI defense lawyer, contact the firm.
Driving Under the Influence of Alcohol and Drugs
Vehicle Code § 23152(A) applies to driving under the influence of alcohol, illegal drugs, and prescription drugs. If you are on prescription medications and are pulled over because a police officer suspects you have been drinking (reckless driving may prompt this), you could be charged with DUI even if you have not consumed any alcohol. Subsequently, you face the penalties associated with DUI: large fines, two points on your driver’s license, license suspension, jail time, and more.
Commercial drivers are held to a different standard than ordinary drivers in DUI cases. If a commercial driver is found to be driving with a .04 blood alcohol content (BAC) level or above, he or she will be charged with drunk driving. Besides the penalties normally associated with DUI / DWI, a commercial driver will lose his or her professional license for one year, and thus, the ability to work at that job.
What to Do if Arrested for Drunk Driving
Your actions during and after a DUI arrest can affect how your case will ultimately be resolved. Remember to:
◾Remain silent; don’t offer any explanations to the police
◾Talk to no one after the arrest
◾Call a DUI / DWI defense lawyer as soon as possible
You will also need to schedule a DMV administrative hearing within 10 days of the arrest to keep your license. If you do not do this, your license will automatically be suspended. The DMV hearing is separate from any court case. It deals with driver’s licensing matters, not the crime of drunk driving. Moreover, if your license is suspended and you are stopped driving after the suspension, your vehicle may be impounded and you are subject to enhanced penalties, including jail time and fines.