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VOLUME 100, ISSUE NUMBER 35FOUNDED IN 1934
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MISDEMEANOR DUI LAW IN CALIFORNIA - PART 1
A driver convicted of a DUI in the state of California may be punished by a courtimposed penalty. The most common DUI offenses are the misdemeanor offense and felonyoffense. Although misdemeanor DUI offenses are punished less severely than felony DUIoffenses, a driver may still be sentenced to jail and fined up to $1,000. The most impor-tant distinction between a misdemeanor offense and a felony offense is that a misdemeanoroffense does not involved injuries to the other driver.When a driver is convicted of a misdemeanor offense the judge is required to imposeat least the minimum fine, penalty assessment, license suspension period and treatmentprogram duration required by law. Drivers convicted of a misdemeanor offense are typical-ly ordered to pay two types of fines: (1.) an offense fine, and (2.) a penalty assessment. Amisdemeanor offense fine generally ranges from $390 to $1,000 and penalty assessmentstotal 170% of the offense fine. In terms of the driver’s actual license it may be restricted,suspended or revoked. A restriction on the license limits when and under what circum-stances a driver can use a vehicle and typically only allows for transportation to and fromwork or a treatment program. If a driver’s license is suspended it will be entirely withdrawnbut only for a specified time period or until a certain condition is met by the driver. Lastly,if a driver’s license is revoked it will be completely terminated and the driver will berequired to reapply for a license after the revocation period ends. Drivers who are convict-ed of a misdemeanor offense must also complete a drinking and driving treatment programprior to license reinstatement. Repeat offenders will never receive credit for programscompleted prior to the current violation. In some cases, the judge may even have the dri-ver’s vehicle impounded if the offender is the registered owner of the vehicle, although thisis not occur very often. Judges have the power to impose additional sanctions on top of those mandated by thestate and may ensure that an offender’s sanctions are the maximum allowed by the state fora misdemeanor. For example, if a driver is convicted by the court of their first offense mis-demeanor DUI it is up to the discretion of the judge whether the offender is sent to jail orgranted probation. In the instance that the judge decides to impose a 48-hour jail sen-tence, they must also mandate probation. Court-ordered probation for DUI offenders typ-ically lasts three to five years. During this time drivers must ensure not to commit anycriminal offense, drive with any measurable amount of alcohol in their blood, and can notrefuse to submit to a chemical test upon the court’s request.I will discuss second part of misdemeanor DUIs in the next article.Alan Forester is an attorney, CPA and an expert witness in Alcoholic Beverage ControlLaw. For more information, please visit www.ABClawyer.com or call 800-464-1040.
I
Disclaimer: This article is not to be construed as legal advice. Please check with an attorney before taking action.Editor’s Note: In BIN's June 2009 issue, the article discussing DUI Law in California was incorrectly called“Sexual Harassment.” The correct title for the article is: “DUI Law in California.”
INDUSTRY INSIGHT
BY
ALAN FORESTER, CPA, ATTORNEY
WWW.ABCLAWYER.COM 800-464-1040
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