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Call us: (619)231-1400

PRACTICE AREAS Law Office of Gerald E. Smith

DUI

Former Police officer AND Prosecutor

a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. 

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. 

e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. 

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Punishment for DUI

First DUI:  up to 6 months county jail, up to one thousand dollars ($1,000) license suspended/restricted, DUI School 3 or 9 months

Second DUI:  96 hours to 1 year in county jail, one thousand dollars ($1,000), license 2 years suspension, DUI School 18-30 months 

Third DUI:  120 days to 1 year in county jail, one thousand dollars ($1,000), license suspension 3 years, DUI School 30 months. 

DUI with accident and serious injury:  Felony charge. 16 months to 16 years in prison, up to five thousand dollars ($5,000), license revoked for 5 years, DUI School 18-30 months.

 

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