Driving is a privilege not a right; one that comes with heavy responsibilities. A driver must always be aware of the surroundings – always a hundred percent alert, mindful, and, reactive, and responsive. Not only is his/her safety on the line but also the wellbeing of the passengers, pedestrians, and other traffic – everyone. That is why a driver must always remain in optimal driving condition while on the road. He/she must always remain calm and not ill-tempered while driving, his/her head should also remain free from stress and other factors that might affect the quality of his/her driving. There are a plethora of factors that cause terrible driving conditions like a worried emotional state, an unchecked mental condition, and of course, a compromised physical disposition. One of the major factors that can tamper the holistic driving capabilities of a driver is by engaging in the use of substances – particularly, alcoholic beverages.
Gin, rum, vodka, beer, wine – alcoholic beverages in general, are one of the most common reasons behind vehicular accidents. Some even result in lives getting lost. The situations usually go like this: A person went to an event or a gathering, there are alcoholic beverages available for the taking. The driver took a sip or two. There is now alcohol in his/her system.
DUI
The body can only take too much alcohol before it completely shuts down. As a matter of fact, any amount of alcohol in the system is already traceable, and after a certain volume is taken, it will start affecting the quality of driving. This is considered as Driving Under the Influence (DUI). Some might have different alcohol tolerance, however, this would not be the basis of the offense. A DUI is a criminal offense determined where the driver is caught, maybe due to road incidents, driving with a BAC (Blood Alcohol Content) of at least 0.08 percent. An intoxicated driver may experience the following:
- Decreased vision – The presence of alcohol in the system can negatively impact the driver’s vision. After a night of drinking, a person may start having blurry vision, uncontrollable eye movement, and decreased field of vision.
- Lack of coordination – Hand and foot coordination is crucial when it comes to driving. Without proper bodily coordination, one cannot reach the optimal driving condition and will be more prone to accidents.
- Limited reaction time – Alcohol in the system can greatly impact physical coordination, this means that his/her reaction time is at risk. The driver needs to keep his/her reaction time on point because this is used to make split second decisions that are needed to avoid accidents.
- Reduced concentration – Any amount of alcohol in the system can greatly affect the person’s concentration. Alcohol can lessen a person’s concentration. Driving requires full focus and concentration to maintain safe road practices.
- Poor judgement – The brain controls the body; alcohol corrupts it. The driver’s judgement skills are his/her ultimate weapon on the road. All the decisions made by the driver is based on his/her decisions. Poor judgement is the most dangerous thing to bring on the road.
California Vehicle Code 23247
Vehicle Code 23247 penalizes a person for driving on a restricted license with DUI charges. This is an offense where the driver operates a vehicle that is not equipped with Ignition Interlock Device (IID) when he/she is legally obliged to do so.
California Vehicle Code 23575
Vehicle Code 23575 VC obliges a first time DUI offender to install an IID before allowing him/her to return to driving. Failure to oblige can lead to criminal charges.
Ignition Interlock Device
Ignition Interlock Devices (IID) are miniature breathalyzer devices that are installed in a car’s dashboard to prevent the car from being operated unless the driver can provide an acceptable BAC sample.
Penalties
Violating the aforementioned Vehicle Codes are charged as misdemeanor. These are crimes punishable by:
- custody in the county jail for up to six months, and/or
- a maximum fine of $5,000.
Legal Support
A person charged with violating the California Vehicle Codes in relation to DUI charges can file a complaint to lower or dismiss the charges if he/she feels like the penalties were given unjustly. To deal with these legal issues, the accused can seek support from our defense lawyers. This can ensure that his/her rights are exercised properly and fairly.