In California, people are still being arrested for DUIs at a record pace. Thousands of people are arrested every single month. I've been practicing criminal defense now for twenty-five years, and I still see, just based on my own business, that most of the crimes that people are arrested for are DUIs. And yes, a DUI is considered a crime.
Whether it's filed as a felony or a misdemeanor, a DUI can lead to serious repercussions. You could be looking at jail or prison time, along with a host of other life-altering consequences, including the loss of your driver's license for an extended period.
These DUIs are taken very seriously, and I think part of the thinking behind it is that you're not just putting your own life at risk when you get into a car after consuming alcohol. You're putting other people's lives at risk, and when you do that, the government feels justified in getting involved and ensuring that those who do this are punished.
It's crucial to understand that a DUI is not just a legal issue, but a deeply political one. Organizations like Mothers Against Drunk Driving are actively campaigning against it, reflecting the societal pressure and collective responsibility against this dangerous behavior.
The CHP — California Highway Patrol — all these guys are trained to do is catch people drinking and driving on the road or using other things that could put them in a dangerous position—for example, drugs, prescription medication, alcohol, and both.
The bottom line is that California is taking this very seriously. Recently, Colorado passed a law establishing a new legal limit of .05, and there are many talks that California will follow suit. The problem with this not happening is that there is nobody to champion the rights of individuals who drink and drive. However, it's important to note that these potential changes are still under discussion and have not been implemented yet.
I mean, who would do that? How would they do it, and they would be laughed at. So, that lets the legislature run wild. They can do whatever they want. They can pass laws, and everybody's going to say, That's such a good law, and of course, when they give it, they're going to have victims/families of victims of DUI accidents there right behind them, and nobody's going to take up any challenge against that.
New Drunk Driving Bill Could Make California One of the Toughest in the Nation
If the new legal drinking level goes to .05, that will be devastating for many people because there are still people who go out, drink alcohol, and drive.
The .05 means that for many people, a drink or two will put you in a position where you're going to get arrested for a DUI, even if you argue that you feel fine.
You do not feel like you're under the influence of alcohol. Many people don't realize that you don't have to be drunk to get a DUI.
If you're drunk, you're going to get a DUI for sure. The issue is whether you can safely operate a motor vehicle, which is why field sobriety tests are conducted in the field. These tests, which include tasks like walking in a straight line and standing on one leg, are designed to determine whether someone can safely operate a motor vehicle. If you fail these tests, you're likely to be arrested for a DUI.
Additionally, they incorporated this presumption into the law. If your blood alcohol is .08 or greater, it's presumed you can't safely operate a motor vehicle. Reducing it to .05 will put many people at risk.
Making The Decision to Drink and Drive
Another thing people should realize is that deciding whether to drive a vehicle is a decision that should be made after consuming some alcohol. It's not a decision that should be made when you're out in the community, can't get back home, and your car is there.
The decision as to whether or not you're going to drink and drive is a decision that needs to be made before you take off that night. Before you drink, you need to say, 'I may be drinking tonight. '
Therefore, I'm going to set things up so that I don't put myself in a position to get a DUI, and that means taking Uber, letting somebody else drive, walking — whatever you have to do — because once you get arrested for a DUI, you're put in the back of a police car. You're handcuffed. You've put in a drunk tank with a bunch of other people.
Then you'll realize what I've done here? What type of position have I put myself in? Now, the DMV will receive a notification, so they will attempt to revoke your driver's license. You will have to appear in criminal court, potentially face fines, attend DUI classes, and have an ignition interlock device installed in your vehicle. These are just some of the potential consequences of a DUI arrest.
If the legal driving limit is reduced, we can expect a significant increase in DUI arrests. This underscores the urgency of making responsible decisions when it comes to drinking and driving, and the potential consequences of not doing so.
So, if you have a DUI and need help, damage control, or to get out of the criminal justice system as fast as possible, pick up the phone and call The Hedding Law Firm. We've been handling these matters for many years with great success.
