Second and Third DUI Charge
Penalties for Multiple DUI Charges
Some individuals may be arrested for a DUI, already having prior convictions on their record within the past 10 years. If this is the case, the penalty issued will be automatically increased. This means larger fines, a longer or stricter probation period and greater DUI school requirements. You will face a longer period of license suspension and a longer jail sentence. For all of these reasons, incurring another DUI conviction is something that should be avoided at all costs.
The Second Offense
A DUI charge can be difficult to navigate through and finding yourself back in the position is the last thing that anyone would hope for. An initial conviction can come with unfortunate consequences and after that, each instance will only be more difficult. A second conviction will result in fines up to $1000, DUI school for between 18 to 30 months, up to a year in jail or prison, five years of probation and a two years of a driver license suspension. A fourth DUI within a ten year period is instantly charged as a felony DUI.
The Third Offense
A third offense will be a further increase to the already steep penalties that are faced by the accused. They can result in up to five years of probation, a 30 month DUI educational program, fines up to $1,000, a year in jail and a license revocation of three years. It will also lead to another mark on your criminal record that may be viewed by those inquiring into your background.As even the lighter penalties of restricted driving privileges have a heavy impact on one's life, perhaps even more important is what can be done to maintain your rights and freedom. While many people feel they are at a loss to defend against a charge, there are often a number of aspects that can be investigated and used to build a case in your support. Points we may review include if police contact was made with sufficient grounds to suspect you were violating the law, if a breath test was administered correctly or if a blood test was done in the correct manner.
Commercial DUI Charges
What if I was arrested while driving commercially?
A commercial driver's license is required in order to drive vehicles such as commercial trucks (18-wheeler, tractor trailers, tow trucks) and buses, both public and private. In California, commercial drivers are subject to different DUI guidelines than non-commercial drivers. Vehicle Code 23152 (d) specifies that any commercial driver with a Blood Alcohol Concentration (BAC) of 0.04% is considered to be driving under the influence. Those found to be driving with this level of intoxication can be subject to lose their license for one year at minimum and up to life, depending on the circumstances.
A non-commercial driver can legally drive with a BAC limit below 0.08%. The laws are stricter for commercial drivers because of the large size of their vehicles and the higher risk of serious injury or fatality in the event of a car accident. Commercial trucks cause extreme damage when involved in accidents with passenger vehicles due to the disparity in weight and size. In bus accidents, the rates of injuries and fatalities are higher because of the greater number of passengers, lack of seat belt, and size of the vehicle. These factors all contribute to commercial drivers' tighter restrictions and harsher penalties for DUI convictions.
If you are convicted of driving under the influence with a commercial license, you could face such penalties as losing your license, fines up to $1,000, mandatory substance abuse treatment, up to 36 months of educational programs, probation or even up to a year in jail. While non-commercial drivers may have the ability to obtain a restricted drivers license, a commercial driver does not have this option open to them. When you are facing serious charges, you need to know your options and the potential penalties, as well as how to defend against them.
Zero Tolerance for MinorsLike many other states, California employs a "Zero Tolerance" law in regards to underage individuals and driving while intoxicated. It pertains to anyone that is under the legal drinking age of 21. A minor is not allowed to operate a motor vehicle with any amount of alcohol in their system. If they are found by law enforcement to have a blood alcohol level (BAC) of just 0.01%, while driving, they can be charged with DUI and face penalties that include drivers' license suspension for up to one year or a year delay of the ability to drive for those that have yet to obtain their license.
Penalties for Underage Drinking and Driving
Should they be found with a BAC of 0.08% (the standard level in adult DUI cases), they can face typical DUI charges which can result in penalties such as probation, mandatory enrollment in an alcohol treatment program, community service, fines and incarceration. In such cases, the parents of the child may be held responsible for any fines that the child is levied following their conviction. Under the California Vehicle Code a minor with a BAC level between .05% to .07% will face an infraction in which the penalties will increase for each occurrence.
Driving with a BAC above this level can constitute a misdemeanor that is punishable by up to a year in jail, $1,000 in fines, five years of probation, six month license suspension and alcohol classes. If your minor child has been charged with DUI, it is very important that you seek the help of a skilled attorney as soon as you are able to. If you secure legal representation immediately after your child's arrest, they may have a much stronger chance of a case resolution that sees their charges reduced or eliminated.
BUI: Boating Under the Influence
Anyone can be charged for boating under the influence of alcohol and/or drugs (BUI), just as they can be charged for driving under the influence. It parallels a DUI in many ways through the procedures carried out and the penalties imposed. A BUI charge can have serious consequences such as a jail or prison sentence, educational programs and fines. Due to the nature of the environment and activity involved, a BUI case has its own peculiarities. There are varying kinds of BUIs including a simple BUI, aggravated BUI, BUI with a BAC over the legal limit and one that leads to manslaughter.
Boating under the influence can refer to the operation of any watercraft which carries people on water, including water skis. Such things as kayaks, which are propelled using the force of water alone, are exempt from BUI laws. California Harbors and Navigation Code 655 defines the crime of operating a vehicle under the influence, restricting the use of a water vessel from an operator with a BAC concentration of .08% or more, and limiting the use of any vessel besides a recreational one to those with a BAC under .04%.
At Floyd, Skeren & Kelly, LLP, the first thing we will do is review your case to see where errors may have been made. For example, it can occur that the officer at the scene inaccurately judged you to be impaired by alcohol or drugs. While it is legal to operate a watercraft with a BAC lower than .08%, a police officer need not administer a chemical test in order to deem you guilty of BUI. He or she may instead use field sobriety tests to determine your mental and physical state. After the physical exertion of boating, possibly in heat and sun, and a period of not walking on solid land, your appearance and activity may be misleading. Bloodshot eyes, red skin, and the inability to walk smoothly can all result from boating itself, rather than indicate BUI.
This is just one circumstance that can be investigated and may lead to charges being dismissed or to your acquittal. We are familiar with the many other intricacies of a BUI case and use our knowledge and experience to your benefit however possible. We are interested in the legal, financial and practical effects of your case. We will do all we can to resolve it quickly and endeavor to achieve the best outcome.
What is a federal DUI?
While most DUI cases are addressed in the state legal system, incidents that occur on federal property are prosecuted in Federal Court. A DUI arrest in such areas as a national park or military base would therefore result in a federal DUI charge. As increased or additional penalties may apply, it is vital you defense against a charge for driving while intoxicated.
If the arrest took place in a national park, the case falls within the jurisdiction of the National Park Service. It is thus governed by the Code of Federal Regulations and can result in up to six months in a federal penitentiary. You may be fined up to $5,000 and placed on probation for up to five years. Arrests that occur on other federal property are prosecuted and penalized per the guidelines of the State Superior Court.
Consequences of a Federal DUI
At Floyd, Skeren & Kelly, LLP, we are committed in our attempts to resolve your case as positively and as swiftly as possible. We understand that the outcome of a DUI case is of great significance and can have a heavy impact on your life. Our superior knowledge and expertise regarding DUI cases means we have a grasp of all the options and actions that can be taken. The skill with which your federal DUI case is handled can mean the difference between imprisonment and your freedom.
In the event of an arrest on federal property, there can be increased penalties for refusing to submit to a test to determine blood alcohol content. This applies even if the case will be handled at a state level. You can face up to six months in a federal penitentiary, fines or both. You may also be denied the right to drive on federally owned property for a period of one year. An attorney who understands the nuances of a federal DUI case is of great value when faced with such a charge. No matter the specifics of your case, we will endeavor to protect your liberty, finances and your freedom of mobility.
DUI Charges & Drugs
Driving Under the Influence of Narcotic
A DUI involving illegal drugs presents a serious legal situation for the defendant. Also known as a DUID or driving under the influence of drugs, in such an instance, there are three separate legal processes which you will need to address. These are the DUI charge in the criminal court, the actions the DMV may take against you, and the criminal drug charge. Of course each will affect the others but each must also be addressed in and of itself. A drug includes anything type of substance that can affect the brain, muscles or nervous system of a person.
As a breath test cannot be used to confirm the presence of drugs in one's system, a blood or urine test will be administered. As results are not instantaneous, the DMV will not instantly confiscate your license; a conviction is required for a license suspension to occur. If convicted, DUI penalties will be leveled on an enhanced basis due to the additional criminal charge.
Consequences of a Conviction
The crime of driving under the influence of drugs alone is considered a misdemeanor. It is increased to a felony charge when there is a prior DUI conviction, a third party is injured from a resulting accident and if it is a subsequent or fourth DUI offense. Penalties for a DUI offense involving drugs will typically result in fines of $1800, DUI school, suspension of a driver's license, a jail sentencing and up to five years of DUI probation.
Our firm offers the service of attorneys who are highly trained in all aspects of DUI cases. We have the knowledge with which to question drug test results and may find they do not qualify to be used against you as evidence. If you are found guilty, we can propose consideration of certain circumstances in an effort to achieve lesser penalties for both the DUI and drug charges.