Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

Call Today for a Free Consultation | Se Habla Espanol

408-246-3004

Subscribe to this list via RSS Blog posts tagged in California DUI defense lawyer

San Jose DUI defense attorneyDriving under the influence (DUI) of drugs or alcohol has been proven to impair a driver’s ability to safely operate a vehicle. Studies show that many car accidents are caused by drunk driving, often resulting in serious to fatal injuries. That is why any motorist who does so can face stiff criminal penalties if caught and convicted. In California, a DUI may result in loss of driving privileges, steep fines, or even prison time. Depending on the circumstances of their arrest, some offenders may be mandated to install an ignition interlock device (IID) in their vehicle.  

How Does an IID Work? 

When an ignition interlock device is installed on a vehicle, it measures a driver’s blood alcohol content (BAC) and disables the vehicle’s ignition if a certain amount of alcohol is detected on his or her breath. They are similar to breathalyzer tests, but they control whether or not a car can be started. The majority of IIDs will alert a driver when it is time to give another breath sample. If it detects alcohol, an alarm will go off or the horn will honk to prompt a motorist to stop and turn off the car. It is important to note that the device cannot automatically turn off a vehicle’s engine. 

California DUI Laws

If you are arrested for DUI in California, the penalties can vary depending on the circumstances. First offenders can face between four days to six months in jail; a fine up to $1,000, and a license suspension for up to six months.

...

San Jose criminal defense lawyerDrunk driving is a problem throughout the country, and California is no exception. According to the most recent data provided by the Foundation for Advancing Alcohol Responsibility, California had 1,120 alcohol-impaired driving fatalities in 2017 and saw a 9.3% increase in alcohol-impaired driving fatalities from 2008 to 2017. Driving under the influence (DUI) is taken very seriously in California, and a recent death has prompted legislators to propose tighter restrictions on those who drive with alcohol in their system. 

Liam’s Law

On September 3, 2016, 15-month-old Liam Kowal died from traumatic brain injuries after being struck by a drunk driver. His death prompted his parents to advocate for tougher legislation on drunk drivers, including a stricter blood-alcohol concentration (BAC) standards for those on the road. Almost three years later, on February 22, 2019, California Assembly members Autumn Burke and Heath Flora proposed Assembly Bill 1713, also known as “Liam’s Law”.

If passed, the law will lower the BAC state tolerance level from 0.08 to 0.05. In other words, drivers may face DUI charges much sooner than before. This bill has resulted in different opinions from both sides. According to an ABC7 report, supporters claim that the restriction would reduce deaths by 11% yet many do not think that such a change is the right action to be taken to keep people safer on the roads. For most, this BAC reduction will put drivers over the legal limit after just two drinks.

...

California DUI defense attorneyWhile the number of people who die in alcohol-related car crashes has been decreasing significantly since the 1980s, it still remains a large issue today. According to the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people in the United States died in alcohol-related car accidents in 2017. In California alone, there were 3,602 deaths. In an effort to reduce that number, a new law was passed and went into effect at the beginning of the year that requires both first-time and repeat DUI offenders to install a breath-alcohol ignition interlock device into their vehicle.

SB 1046 Requires Ignition Interlock Installation

According to the new bill, which went into effect Jan. 1, 2019, first-time DUI offenders will now have to choose between:

  1. Six months of full driving privileges with an ignition interlock device installed on their vehicle, or
  2. A restricted driving permit for one year with no ignition interlock device.

If you are a first-time offender and you cause injury to another person, you have no choice but to have an ignition interlock device installed on your vehicle for one year.

...

California DUI defense lawyerIt is never safe to drive after you have consumed any amount of alcohol, which is why all 50 states, including the District of Columbia and Puerto Rico, have passed laws making it illegal to drive with a blood-alcohol content (BAC) of more than .08. While there is a limit to how much alcohol can be in your system before it becomes illegal to drive, many states have also made it possible for you to be charged with a DUI, even if your BAC is less than .08. The National Highway Traffic Safety Administration (NHTSA) has reported that, in 2016 alone, there were 2,017 people killed in alcohol-related crashes involving drivers with BAC’s that were between .01 to .07.

BAC and the Effects on Your Abilities

.02: After your first drink, your BAC will likely be around.02. You will probably begin feeling slightly warm, relaxed, and in a good mood. Your judgment will be slightly impaired, and your ability to track moving targets and multitask will be affected.

.05: The effects of the previous level will still be apparent, but more exaggerated. Your sense of alertness may be lowered, and you may experience difficulty focusing your eyes, and even more lapse in judgment abilities. Your ability to drive will also be affected by reduced coordination, difficulty steering, and a reduced response to emergency situations.

...
Back to Top