Posts Tagged ‘jailtime’

Attempting to drink alcohol and drive is never a good idea. The moment that you make that ill-advised decision to put your keys in the ignition of your vehicle after consuming alcohol is a moment that could haunt you forever. There are many negative consequences for getting behind the wheel of a car intoxicated: you could permanently injure or kill yourself or a loved one, or you could permanently hurt or kill someone else. Below you will find a few facts about DUIs that are not common knowledge. 

 

1. Only time can make you sober again

Contrary to popular belief, eating food and drinking water will not make you sober. Though eating and drinking non-alcoholic beverages will prevent you from continuing to drink alcohol, your blood alcohol content will remain unchanged. The only thing that can sober you up is time. Depending on your body type, approximately one ounce of alcohol will leave your system every hour. One ounce of alcohol is equal to 1 shot of liquor 70 proof or higher, a 5-ounce glass of wine or one 12 ounce beer. So if you happen to drink two shots of Jagermeister in an hour, a hamburger will not help you pass a breath, blood, or urine test. However, if it takes you an hour and a half to eat that burger, your body may have disposed of the alcohol in your blood to drive legally. It’s smart just not to drink and drive if you’ve had anything to drink at all, however. But in the event that you know you are intoxicated, do anything besides drinking more. If you have to, order an Uber, Lyft, or taxi. There’s no need to put yourself or anyone else at risk just because you felt like having one too many gin and tonics at dinner.

2. You can get a DUI in anything that is motorized.

That’s right. People are arrested for DUIs on ATVs, lawnmowers, mopeds, snowmobiles, Power Wheels, and even motorized wheelchairs. If it has a drive-train, it can get you arrested for a DUI. Though many people believe that DUI’s can only be given to people in cars, vans, trucks, and motorbikes, there have been cases where people have been arrested for a DUI from driving a motorized bar stool.

On a side-note, bicycling under the influence of alcohol is also a crime. Though it doesn’t come with the same criminal repercussions as a DUI does, if you are caught pedaling a bicycle, and you happen to be found under the influence of alcohol, you will be hit with a CUI and a fine of not more than $250.00. Furthermore, a CUI can result in a driver’s license suspension. The administrative hearing surrounding a CUI is very similar to that of a formal DUI. So it’s essential that you do not drink and ride a bike on the street or the highway. It’s also important to note that a “Drunk in Public” charge could also be added to your CUI.

3. Sobriety Checkpoints are legal in California

In the event that you ever have to drive through a sobriety checkpoint, know they do not (yet) violate the 4th amendment to the United States Constitution in the state of California. The California Constitution allows for the sobriety checkpoint to be carried out as long as it meets certain guidelines. There are quite a few guidelines that need to be met for the stop to be legal, and if you ever find yourself being detained by law enforcement officers at one of these stops, it would be smart to consult an attorney and hire him to find out if those officers dotted their I’s and crossed their T’s. In more times than not, an experienced attorney can reduce or dismiss your charges solely on the fact that there was a tiny discrepancy in the manner at which law enforcement set up their sobriety checkpoint.

4. You are not required to perform a field sobriety test

If you are ever pulled over by a law enforcement officer and he has concerns as to whether or not you were drinking, you are not obligated by law to perform a field sobriety test. In most cases, these tests are designed to allow a police officer to gauge whether or not they have enough evidence to arrest you for a DUI. By simply not performing the field sobriety test, however, you are taking away some of the power that the officer has in arresting you. Performing circus acts on the side of the street will not earn you a get-out-of-jail-free card, it could earn you a visit there, though.

5. First-time DUI offenders can still receive time in jail

Depending on the circumstances of why you were pulled over, your calculated blood alcohol content, and other aggravating factors, you could still receive jail time regardless of whether or not it was your first arrest for a DUI. In many cases, the prosecutor will give you the same deal that they give most first-time offenders which include, but is not limited to, fines, classes, community service/work release, an ignition interlock device installation, and probation. However, if you happen to have had a child in the vehicle, blew more than twice the legal limit, or damaged your or someone else’s vehicle, you could be facing a stint in the county jail. Moreover, if you injure or kill someone, you will be facing much harsher penalties than just jail regardless of whether you were a first time DUI offender or not.

 

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