DRIVERS UNDER 21
California also includes a lesser charge of driving with a BAC of 0.05% for drivers under the age of 21. All states also now have zero tolerance laws; the license of anyone under 21 driving with a BAC of .01% or higher will be suspended.
The blood-alcohol limit for commercial drivers is 0.04%
Pilots of aircraft may not fly less than eight hours after consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04%.
CHARGING LEVEL – FELONY OR MISDEMEANOR
The various versions of “driving under the influence” generally constitute a misdemeanor (punishable by up to one year in jail). However, the offense may be elevated to a felony (punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), or if the defendant has 3 prior convictions within 10 years. California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists – that is, where the defendant exhibited a reckless indifference to the lives of others.
ADMINISTRATIVE LICENSE SUSPENSION (ALS)
If you are stopped for DUI and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer will take your driver’s license on the spot.
An SR-22 is official documentation required to redeem a suspended driver’s license and get your car registered at the local department of Vehicles (DMV). A SR-22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV’s office on your driving privilege. The most common reason for an SR-22 filing is when you are arrested for guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason.
Penalties for driving under the influence commonly include incarceration, fines, driver’s license suspension or revocation, mandatory attendance at DUI schools, community service, probation and installation of an Ignition interlock device. Click here for a list of DUI penalties in Ventura County.