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California - The Worst Place For a DUI Offense

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2007-08-26 17:34:58     
Article by Ioan Margineanu

A very unfortunately common problem that is found in the United States as well as the rest of the world it the problem of drunk driving. Driving under the influence or DUI as it is known in the U.S. is the act of driving a motor vehicle under the influence of alcohol or in inebriated condition. Driving under the influence is a fatal problem as well because 41 percent of total traffic deaths are caused by drunk drivers, and this is a very large number that should not exist at all.

And this is why DUI laws in the US have become extremely strict. For example, the California DUI offense laws have given way to approximately 200,000 DUI arrests every year. The DUI offense law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

California DUI offense laws are so strict that the state leads the nation in DUI arrests. These laws are meant to reduce the number of DUI cases. And victims and survivors of drunk-driving crashes have supported the DUI offense law. It is crucial to have strict DUI Laws so that drunk drivers are not allowed to put the lives of others at risk.

California DUI offense laws include specifics such as blood alcohol content level test, license suspension or revocation, checking of ignition interlocks device in the vehicle, field sobriety test to assess physical and mental alertness, and many others.

First time offenders charged under the DUI law could be sentenced to jail with minimum fine. However second offenses occurring within seven years of the first are dealt with more harsh law. It could be a minimum of ten days of jail and fines up to $10,000 and suspension of driving license for not less than three years. Similarly DUI schooling may also be recommended and this may range from 15 weeks to 18 months. And the state of California can also sale your vehicle or impound it with the proceeds going towards charity.

California DUI offense laws have severe criminal penalties based on the severity of the outcome of DUI related crash.

California DUI offense laws have changed over the years in order to curb the increasing number of deaths and injuries occurring due to DUI related accidents. DUI offense laws have been argued to be unconstitutional in that by automatically finding drivers guilty, a person loses his or her right to have a trial by jury. However at the same time it has been argued to be 'legal per se'. It is a very unfortunate fact that DUI accidents take an innocent life every thirty minutes, so it is argued that DUI laws should allow for impartial jury trials.

Based on the California DUI offense law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above 0.08% blood alcohol content

Statistics have proved that since the enactment of the 0.08% blood alcohol count California DUI offense law, the DUI arrests have decreased by an assenting rate of 45%. And also the number of deaths and injuries has shown a 50 percent decrease. These are positive indications, which prove that to an extent, the imposition of fines and punishments has shown affirmative results.

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