Drunk Driving Laws

California DWI

DUI Legislation in California, DWI Legislation in California DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Unofficial information about this California legislation is provided bythe following attorney: DUI, DWI & Criminal Legislation in California Vehicle Code , section: 13382 Administrative Driver's License Suspension, Immediate Suspension Upon Arrest (a) If the chemical test results for a person who has been arrested for aviolation of Section 23152 or 23153 show that the person has 0.08 percent ormore, by weight, of alcohol in the person' s blood, or if the chemical testresults for a person who has been arrested for a violation of Section 23140 showthat the person has 0.05 percent or more, by weight, of alcohol in the person'sblood, the peace officer, acting on behalf of the department, shall serve anotice of order of suspension or revocation of the person's privilege to operatea motor vehicle personally on the arrested person. (b) If the peace officer serves the notice of order of suspension orrevocation, the peace officer shall take possession of any driver' s licenseissued by this state which is held by the person. When the officer takespossession of a valid driver's license, the officer shall issue, on behalf ofthe department, a temporary driver's license. The temporary driver's licenseshall be an endorsement on the notice of the order of suspension or revocationand shall be valid for 30 days from the date of arrest. (c) The peace officer shall immediately forward a copy of the completednotice of order of suspension form, and any driver's license taken intopossession under subdivision (b), with the report required by Section 13380, tothe department. For the purposes of this section, "immediately" meanson or before the end of the fifth ordinary business day following the arrest. Comments : DMV License Suspensions For more information on DUI law in California, see CaliforniaDUI , or one of the firm's two websites: DUICentral and DUI Center . DUI Laws and Punishment inCalifornia The 20 Most Frequently AskedQuestions in a DUI Case The 20 MostFrequently Asked Questions in a DUI Case (at the NCDD) Regional legal information can be found at the following sites: Los Angeles DUI San Diego DUI Orange County DUI National College for DUI Defense Updatethis Section | Other Legislation in California Add a Link to a Case orList of Cases for this Section This is not the official web site for the California legislature. Add a Section 184 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

PENALTIES FOR A DUI CONVICTION SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT Penalties for a DUI Conviction PENALTIES FOR DUI CONVICTIONS Under Age 21 CONVICTIONS First Conviction Second Conviction Third Conviction Loss of driving privileges Minimum 2 years Minimum 5 years Minimum 10 years Eligible for Restricted Driving Permit Yes, after the first year.* Yes, after 1 year Installation of a BAIID is required in the driver's vehicle for the life of the RDP. Yes, after 1 year Installation of a BAIID is required in the driver's vehicle for the life of the RDP. Jail Possible imprisonment 0-12 months Possible imprisonment 0-12 months; mandatory 5 days (or 30 days community service) if in 5-year period Class 4 felony with possible imprisonment 1-3 years Community Service 100 hours 30 days (or 5 days in jail) if within a 5-year period If given probation, possible 30 days Fines up to $2,500 up to $2,500 up to $25,000 Note - See Driving Permits for information on BAIID . * An offender requesting a Restricted Driving Permit after a first conviction may be required to have a Breath Alcohol Ignition Interlock Device ( BAIID ) installed in the vehicle as part of driving relief. PENALTIES FOR DUI CONVICTIONS Age 21 and over with a BAC of .08 to .15 CONVICTIONS First Conviction Second Conviction Third Conviction Loss of driving privileges Minimum 1 year Minimum 5 years Minimum 10 years Eligible for Restricted Driving Permit Yes Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP. Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP. Jail Possible imprisonment 0-12 months Possible 0-12 months imprisonment; mandatory 5 days (or 30 days community service) if within 5-year period Class 4 felony with possible imprisonment 1-3 years Community Service 100 hours 30 days (or 5 days in jail) if within a 5-year period If given probation, possible 30 days Fines up to $2,500 up to $2,500 up to $25,000 * An offender requesting a Restricted Driving Permit after a first conviction may be required to have a Breath Alcohol Ignition Interlock Device ( BAIID ) installed in the vehicle as part of driving relief. Additional consequences A DUI conviction is a permanent part of an offenders driving record. The offender may lose work time. The offender will be required to complete an alcohol and drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated. The offender must meet the requirements of the Secretary of States Department of Administrative Hearings prior to obtaining a Restricted Driving Permit. The offenders vehicle may be impounded or seized. A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the offenders vehicle as a condition of driving relief. The offender is required to carry high-risk auto insurance for 36 consecutive months. The offenders vehicle registration will be suspended or revoked. The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of DUI who lost his/her driving privilegesbecause of a summary suspension will have that time credited to the minimum driver's license revocation period. Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20-year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum of 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If a driver is convicted of DUI in another state, Illinois driving privileges will be revoked. Of the driver's license revocations in 2003, 4,393 were for second offenses, 1,301 were for third offenses, and 734 were for fourth or subsequent offenses resulting in a lifetime revocation. Table of Contents Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Driving with a BAC of .16 or Greater | DUI with a Child in the Vehicle | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois | This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE

Breathalyzers: No Longer Just

Breathalyzers | Powerful tools HOME : BREATHALYZERS STOP the MADNESS Take Action Against Drunken Driving Coin-Operated Alcohol Breath Testers The Machine itself: It talks. It saves lives. It makes money. The Best Alcohol Testing Locations Make Money from Alcohol Breath Testing More Information about this Opportunity Breathalyzers: No Longer Just a Tool of the Police Early television and movies portrayed the drunk trying to walk a straight line as proof of intoxication. If that did not work, they were asked to close their eyes and touch their nose. These tests are part of the standard roadside sobriety test. Eventually, arresting officers were issued devices designed to test a driver’s BAC (Blood Alcohol Concentration) which took the guesswork out of the driver’s level of inebriation. That device is a breathalyzer. Today, the breathalyzer is the basis for a thriving business. There are various models no larger than the average cell phone that fit easily into a purse or pants pocket. There is even a new business growing up around a coin operated breathalyzer that bars and restaurants can install for their clients' use. For much less than the price of a drink, a person can test their Blood Alcohol Concentration to find out if their judgment and motor functions are sufficient to drive. The ability for drinkers to have their BAC measured before getting behind the wheel of their vehicle is reason enough to install the new vending machine. How many lives will be saved due to this new technology? Numerous studies have proven that the average drinker will begin to experience loss of their memory and impairment of reasoning even after one or two drinks. This means that a normally responsible person will lack judgment about their driving abilities and most likely drive when they are too drunk to operate a vehicle. A breathalyzer will provide a definite reading on the Blood Alcohol Concentration , giving the drinker and his or her companions an opportunity to make a more rational decision about driving. Breathalyzers offer a safeguard against financial loss as well as being a life saving device. There is a national trend by injured parties to bring lawsuits against enablers - the businesses that sell and serve the alcohol. In a major portion of the suits, courts are finding in favor of the injured. It just makes sense to provide some method to identify and help those drinkers who may have dangerous levels of alcohol in their blood systems, especially since it is difficult to impossible for most people to judge someone's specific level of impairment. For example, after a few drinks, would you be able to tell if you or someone else is over or under the .08% BAC limit? Probably not. That's one reason to install or use coin-operated breathalyzers like this . Drunk Driving Statistics :: Get More Information Poem Against Drunken Driving :: Sitemap Resources :: Articles p1 :: Articles p2 KeRo Corporation World Headquarters 7349 N. Via Paseo Del Sur, Suite 515/183 Scottsdale, AZ 85258 (480) 629-8297 Administrative Office ©2005 All rights reserved.

Blood Alcohol Level (BAL).

BLOOD ALCOHOL LEVEL (BAL) BLOOD ALCOHOL LEVEL (BAL) MONITORING The amount of alcohol in your blood stream is referred to as Blood Alcohol Level (BAL). It is recorded in milligrams of alcohol per 100 milliliters of blood, or milligrams percent. For example, a BAL of .10 means that 1/10 of 1 percent (or 1/1000) of your total blood content is alcohol. When you drink alcohol it goes directly from the stomach into the blood stream. This is why you typically feel the effects of alcohol quite quickly, especially if you havent eaten in a while. BAL depends on: 1. Amount of blood (which will increase with weight) and 2. The amount of alcohol you consume over time (the faster you drink, the higher your BAL, as the liver can only handle about a drink per hour--the rest builds up in your blood stream). Understanding the effects of a rising BAL can be very useful in controlling drinking. Below are the effects of increasing BAL. .02 MELLOW FEELING. SLIGHT BODY WARMTH. LESS INHIBITED. 05 NOTICEABLE RELAXATION. LESS ALERT. LESS SELF-FOCUSED. COORDINATION IMPAIRMENT BEGINS. .08 DRUNK DRIVING LIMIT. DEFINITE IMPAIRMENT IN COORDINATION AND JUDGMENT. .10 NOISY. POSSIBLE EMBARRASSING BEHAVIOR. MOOD SWINGS. REDUCTION IN REACTION TIME. .15 IMPAIRED BALANCE AND MOVEMENT. CLEARLY DRUNK. .30 MANY LOSE CONSCIOUSNESS .40 MOST LOSE CONSCIOUSNESS; SOME DIE. .50 BREATHING STOPS. MANY DIE. As can be seen, the most reliably pleasurable effects of alcohol occur when BAL rises to about .03-.05. Alcohol researchers have discovered that low levels of alcohol have a specific effect on thinking; alcohol results in a reduction of "self-monitoring." What this means is that small quantities of alcohol enable you to take your mind off yourself and your worries. Not surprisingly, this effect reduces tension and enhances relaxation in many people. Some people find this effect so rewarding that they continue to drink. Unfortunately, the effect on self monitoring diminishes as BAL rises above .05. Instead emerge a host of negative effects, such as less emotional control, coordination and judgment impairment, hangovers and obnoxious behavior. One way of controlling alcohol is to learn to gauge BAL by internal sensations and to attend to the reinforcing signs of a low BAL. Doing so will enable you to be more in control of how much you drink and, by focusing your attention on the initial pleasurable effects, be able to enjoy alcohol more. There are charts available for assessing your approximate BAL by gender and weight. DISPOSABLE BREATHALYZERS can also be useful in monitoring BAL. Your BAL can be quickly assessed so that you get immediate feedback. We recommend that you assess your general physical and psychological state immediately before drinking and then measure your BAL after drinking 1-1-2 drinks. Pay attention to the effects associated with a low BAL. Are you more relaxed? If you end up drinking heavily, assess BAL again. Are you still relaxed, or are you just more emotionally labile, loud, drunk or self absorbed? As you continue to monitor, you begin to learn how to recognize the cues of a low BAL and enjoy them without the use of the breathalyzer. In short, you learn to be more in control of alcohol by capitalizing on its pleasurable effects and not over doing it. HABITSMART DOES NOT RECOMMEND DRIVING IN CONJUNCTION WITH ANY AMOUNT OF ALCOHOL. THEREFORE, WE DO NOT ADVOCATE THE USE OF BREATHALYZERS TO DETERMINE THAT ONE IS SAFE TO DRIVE. Back to HabitSmart SELF-SCORING ALCOHOL CHECK-UP COGNITIVE THERAPY RESOURCES HARM REDUCTION PAGES

Intoxicated Driving

Fulton Daily News - Fulton, New York - Sheriff Department 8/8/2005 Home Page News Sports Weather Entertainment Your News About Us Special Sections Send Us Your News All Stories Community Cop Log Obits Raidernet Daily Health Hannibal Ideas Good Kids Business Money TOOLS: TELL A FRIEND PRINTER FRIENDLY VERSION Sheriff Department 8/8/2005 Ernest A. Holmes, 40, of 3 Whitaker Drive, Fulton On 8/05/05, Ernest A. Holmes, 40, of 3 Whitaker Driver, Fulton, was arrested for Criminal Contempt, Second Degree, a class A misdemeanor, stemming from an incident that occurred on 7/02/05 at the Scriba Town Park when he was accused of violating an Order of Protection. Holmes was issued an appearance ticket returnable to Town of Scriba Court on 8/18/05. David A. Deep, 32, of 17 Maple Ave., Lacona On 8/06/05 at 2:59 a.m., David A. Deep, 32, of 17 Maple Ave., Lacona, was charged with Driving While Intoxicated, Driving With .08 of One Percent or More of Alcohol, and Failure to Keep Right, following a traffic stop at the off ramp of I-81 at SR 104, after his vehicle was observed drifting into the passing lane and driving over the fog line while on I-81. Deep was issued tickets returnable to Town of Mexico Court on 8/23/05 and released to a third party. Accident Reported On 8/06/05, Kimberly A. Farmer, 27, of 63 Fitch Avenue, Auburn, was traveling westbound on SR 3 in the town of Volney at 6:25 p.m. when her 1990 Oldsmobile was struck on the rear passenger side by bicyclist, Brittany M. Reed, 9, of 4256 SR 104, Oswego. The incident occurred one half mile west of Silk Road when Reed was unable to brake properly while in a driveway. Reed was transported by ambulance to A. L. Lee Memorial Hospital in Fulton. The bicyclists confusion appears to have been a contributing factor in the incident. Accident Reported On 8/06/05, J.L. Kinzie-Middleton, 26, of 107 E. Utica St., Oswego, was operating a 2005 Hyundi southbound on West Fifth Street Road in the Town of Granby at 6:35 p.m., when an unidentified westbound ATV struck her vehicle. The impact caused the drivers head to strike the windshield of the vehicle. She was subsequently transported by ambulance to A.L. Lee Memorial Hospital in Fulton. The incident occurred one quarter of a mile north of Doolittle Road. Joseph A. Fontana, 41, of 194 North St., Mexico On 8/07/05 at 12:39 a.m., a sheriffs officer initiated a traffic stop two-tenth of a mile west of Cole Road on CR 41 in the Town of Mexico after observing a southbound pickup truck cross the centerline into the northbound lane, nearly striking a patrol car. Further investigation led to the arrest of Joseph A. Fontana, 41, of 194 North St., Mexico, for Driving While Intoxicated, Driving With .08 of One Percent or More of Alcohol, and Failure to Keep Right. Fontana was issued tickets and is scheduled to answer the charges before Town of Mexico Court on 8/23/05. He was released to a third party. 17-year-old male from the Town of Volney On 8/07/05 at 4:27 a.m., a 17-year-old male from the Town of Volney was charged with Driving While Intoxicated, Driving With .08 of One Percent or More of Alcohol, Speed Not Reasonable and Prudent, and Crossing Hazardous Road Markings, following a property damage accident that occurred at CR 45 and Hawk Road in the Town of Volney. The accident occurred when he was traveling southbound and failed to negotiate a curve, struck a tree, then left the scene. Located at his residence, the youth was issued tickets returnable to Town of Volney Court on 8/22/05 and released to a parent. MORE NEWS: Fulton Daily News Oswego Daily News B'ville Daily News Liverpool Daily News ALSO VISIT: Our Fulton Business Directory Our Oswego Business Directory Our B'ville Business Directory Our Liverpool Business Directory Our Amazon.com store Area Jobs Guide.com Area Food Guide.com Daily News Source for Fulton, New York This site and all of its contents © Dot-Publishing, Inc. | Terms of Use | Privacy Policy Phone: 593-2510 | Fax: 593-2515 | E-mail: fultoneditor@dailynewsdirector.com 117 Cayuga Street Fulton, NY 13069