ADMIN PER SE
When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs or a combination of both.
Under 21 – Zero Tolerance for Alcohol Use. If you are under 21 you must submit to a preliminary alcohol screening (PAS) or one of the other chemical tests if you have been detained and a peace officer has reason to believe you were drinking alcohol. If your BAC measures .01% or a higher on the PAS, the officer may take your license, issue you a temporary license for 30 days, give you an order of suspension for one year, and then determine whether to release you, turn you over to juvenile authorities, or to contact your parents. You may request a DMV administrative hearing within 10 days.
If your PAS showed a BAC of .05%, the officer may require you to submit to either a breath or blood test. Some PAS devices provide a record which may be submitted in court as evidence. Other PAS devices do not provide a record, so the officer may ask for a breath or blood test after the PAS. You do not have a right to consult with a lawyer before selecting or completing a test.
If a subsequent test reveals a BAC of .05% or higher, the officer will arrest you for DUI and detain you until you can be turned over to your parents or juvenile authorities.(VC §23140)
If the officer reasonably believes you are under the combined influence of alcohol and drugs and you have already submitted to a PAS and/or a breath test, you may still be required to submit to a blood or urine test because the breath test does not detect the presence of drugs.
If you refuse to submit to any of the tests, your driving privilege may be suspended for the refusal. Even if you change your mind later and agree to a test, your driving privilege may be suspended for both reasons, although both actions will run concurrently.
Court DUI Convictions
If you are convicted of driving with excessive BAC or while under the influence of either alcohol or drugs or both (DUI), you may be sentenced to serve up to six months in jail and to pay a fine between $390 and $1000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and subject to storage fees.
On the first conviction the court will suspend your driving privilege for six months and require you to complete a DUI program before you can be reinstated. The length of the program may vary. If your BAC was . 15% or higher and you already had a record of violations for other reasons or you refused to submit to a chemical test, the court may order you to complete a nine-month or longer program. You could also be required to install an ignition interlock device (IID) on your vehicle. An IID prevents you from starting your vehicle if you have any alcohol on your breath. If anyone was injured as a result of your driving, the suspension period is one year.
In cases involving serious injury or death, you may be punished under California’s Three Strikes Law. You also could face a civil lawsuit. All DUI convictions will remain on DMV’s records for ten years and the courts and the DMV may impose more stringent penalties for subsequent violations during that period.
A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of driving under the influence even without a BAC measurement.
Drivers 21 and Older—DUI Programs and Restricted Licenses
Completion of a DUI program is required for all DUI convictions.
Generally, if you are over 21 and enroll in a DUI program, file a California Insurance Proof Certificate (SR 22), pay the restriction and reissue fees, DMV will issue you a restricted driver license which allows you to drive to/from work and during the course of employment (unless you hold a commercial driver license) and to/from a DUI program. However, if you would be considered a “traffic safety” or “public safety risk” if permitted to drive, the court may order DMV not to grant you a restricted driver license. Other actions against you may also prohibit the issuance of a restricted license.
Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/revocation and either enroll in, or complete a portion of, a DUI program, you may obtain a restricted license to drive anywhere necessary if you:
0. install an IID on your vehicle.
0. agree not to drive any vehicle without an IID.
0. agree to complete the prescribed DUI program.
0. file an SR 22.
0. pay the reissue and restriction fees.
Actions Against An Adult's License
If you are stopped by a police officer and cited for a traffic law violation, you sign a promise to appear in traffic court. When you go to court, you may plead guilty or not guilty, or you may forfeit (pay) bail. Paying bail is the same as a guilty plea.
If you ignore the traffic ticket and don’t keep your promise to appear in court, the failure to appear (FTA) goes on your driver record. If you fail to pay a fine (FTP), the court will notify DMV and this will also show on your driver record. Even one FTA or FTP can cause the department to suspend your license. Ending the suspension will cost you a reissue fee of $55.
Each time you are convicted of a moving traffic law violation, the court notifies the DMV and the conviction is placed on your driver license record. Convictions reported by other states are also added to your driver record.
Points on The Driver Record
DMV keeps a public record of all your traffic convictions and accidents. Each occurrence stays on your record for 36 months or longer, depending on the type of conviction.
You may be considered a negligent operator when your driving record shows any one of the following “point count” totals regardless of your license class:
4 points in 12 months 6 points in 24 months 8 points in 36 months
Some examples of one point violations:
0. A traffic conviction.
0. An at-fault accident.
Examples of two point violations:
0. Reckless driving or hit-and-run driving
0. Driving under the influence of alcohol/drugs
0. Hit-and-run driving
0. Driving while suspended or revoked
If you get too many “points,” you will lose your driver license. A violation received in a commercial vehicle carries one and one-half times the point count normally assessed.
人気blogランキングへ 電子辞書でスラスラ読める英語 ｹｰﾀｲをﾘｻｲｸﾙして しかも高額買取？ 美味しく★食べて 健康的にﾀﾞｲｴｯﾄ♪ ブラジリアン柔術 テクニック配信！ 韓流携帯翻訳登場 ﾊﾝｸﾞﾙでﾒｰﾙ作成!携帯ｻｲﾄ頂上決戦 ≪達人ﾗﾝｷﾝｸﾞ!≫
