Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

Call Today for a Free Consultation | Se Habla Espanol


Are There More DUI Arrests During the Holidays in California?

Posted on in DUI

Santa Clara County DUI Defense AttorneysIt is that festive time of year with the Christmas and New Year’s holiday soon to be upon us. ‘Tis the season for work parties or get-togethers with friends and relatives. Many of these gatherings involve traveling but can also involve cocktails. If people are going to partake in alcoholic beverages, they should always appoint a designated driver who remains sober. However, if a person has one or two drinks, he or she might think it is OK to drive. Driving under the influence (DUI) of drugs or alcohol impairs a driver’s ability to operate a vehicle safely. This impairment can cause a car crash, resulting in severe injuries or death.  

Know Your Limit

Many states have created drinking and driving prevention programs in an effort to reduce the number of car accidents caused by intoxicated drivers. Still, drunk driving is a leading cause of vehicle crashes that result in serious injuries and even fatalities. Reports from the California Highway Patrol (CHP) show there were 1,140 DUI arrests over the 2019 New Year holiday, and at least 36 people were killed in car accidents. 

Everyone’s tolerance for drinking alcoholic beverages is different depending on body type as well as the kind of alcohol. For example, the percentage of grain alcohol in beer or wine is typically less than what is found in hard liquor like vodka, gin, bourbon, or whiskey.  

Below are a few factors that can affect a person’s BAC:    

  • How fast the drinks are consumed
  • Body weight
  • Altitude
  • Drinking on an empty stomach
  • Male or female
  • The amount and type of alcohol 
  • Medications

California DUI Laws

Regardless of how alcohol affects you, it is important to know the legal limits according to California DUI laws. The state of California has some of the strictest DUI laws in the country. The blood alcohol content (BAC) limit in California is .08 percent. Penalties for offenders can include fines and incarceration depending on the circumstances, such as the number of offenses. A first DUI offense is punishable by up to $2,000 in fines, 48 hours in jail, license suspension, and a three-month alcohol education program. This is if there was no bodily injury or death involved. A third or subsequent DUI offense within a 10-year period can result in up to 16 months in prison, approximately $18,000 in fines, and a required 30-month alcohol treatment program.

According to the National Highway Traffic and Safety Administration (NHTSA), underage drinking presents a greater risk of fatal crashes. In California, the “zero tolerance” law covers those drivers who are under 21. The rules are different for these younger drivers in regard to being impaired. An underaged driver is found to have a .01 percent or higher BAC could lose his or her driving privileges for one year.

Contact a San Francisco DUI Defense Lawyer

The consequences of driving under the influence of drugs or alcohol can be devastating. At the Law Offices of Erik Steven Johnson, we understand how a DUI charge can impact your life, even if it was your first offense. Our qualified Santa Clara County drunk driving defense attorneys will carefully review the details of your arrest. We can determine if your rights were violated during your traffic stop, and we will work hard to clear your name. Call our office today at 408-246-3004 to schedule your free consultation. 




Back to Top