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Corresponding Punishments for Offenders of DWI and DUI Laws in San Jose

In San Jose city,it is not only the owning of auto insurance in San Jose is mandatory. It also includes following the traffic laws dutifully. DWI and DUI laws allow a BAC (Blood Alcohol Content) level up to 0.08% for drivers over 21 years old, 0.04% for commercial drivers and 0.01% for drivers between 18 to 21 years. No alcohol is permitted to younger drivers than 18 years.

DWI/DUI has been a major cause of death and injury in San Jose city. Make sure to respect these regulations while you’re driving your vehicle. However, if you are drunk and you are stopped by a police officer while driving your vehicle, you should know which penalties to expect.

If you are an over 21 driver, the penalties for exceeding the maximum allowed BAC level varies depending on the number of offense. If this is your first offence, you could end up with a 6 months imprisonment or you could get a fine up to $1000. If your are found guilty to have violated the DWI law, you will also receive the following penalties: your driver license will be suspended for 6 months and receive two points to your driving license; your vehicle may be impounded and you will be needed to pay storage fees; and you might be required to drive using the Restricted License and become eligible to reinstate your driver license only after 30 days of mandatory suspension after meeting all reinstatement requirements. If you find yourself to a second offense you will receive the following penalties: a possible imprisonment for up to one year or a fine up to $1000 and you will have your driver license suspended for two consecutive years and you will also get points on your driving record. You might also receive an imprisonment sentence for less than one year or a fine up to $1000. Also, if you are found guilty of DWI law’s violation, you will be suspended for three years and two points will be added to your driving license.

In case you’re not yet 21 but you are over 18 and you had a BAC level greater than 0.01% when you submitted the breath or blood alcohol test, you will get specific penalties. Your driver’s license will be suspended for one year or even revoked if you are convicted under the “minor in possession / other alcohol offenses” law, and two points will be added to your driving record. In addition, you will have to pay a fine up to $100. If you find yourself at a second offense within one year, the specific fine will go up to $200 and you will no more be granted with a Restricted License. If a third offense occurs within one year, you will have to pay a fine of $300. If your BAC level is exactly 0.01%, the Peace Officer is allowed to issue you a 30-days temporary license. Still, your driver’s license will be suspended. If you got arrested with a BAC level of 0.05%, you will receive an order of suspension and you will be detained till handed over to juvenile authorities or your parents. If your BAC level is greater than 0.08%, you may be arrested by the peace officer. Regardless of your BAC level, your vehicle can be impounded for up to 30 days if you are caught in possession of alcoholic drinks in your vehicle. You might also be requested to pay a fine up to $1000 and your driving license will be suspended for one year. Moreover, the Department of Motor Vehicles could decide to delay your first driving license by one year. In addition to all these penalties, other ‘21 over’ specific penalties may apply, if you were found guilty of DWI/DUI laws’ violation.

What about the commercial drivers? Here are the possible penalties to be received if you have a commercial driver license (CDL) and found with a BAC level higher than 0.04%: you will no more be allowed to drive a commercial vehicle for one year with two points on your driving record. If you are found with a BAC level greater than 0.04 while driving a commercial vehicle containing hazardous materials, you might get your CDL suspended for up to three months. If you are convicted for a second offense of DWI/DUI, you will lose your CDL license for life, therefore, you will be never ever allowed to drive again a commercial vehicle.

If you are found with a BAC level exceeding the maximum allowed level while driving, you can schedule an administrative hearing in maximum 10 days of the suspension or revocation notice. It is mostly recommended to consult a specialized DWI/DUI lawyer. If you will not request a hearing in maximum ten days of the notice, the suspension/revocation becomes final and begins in the 30th day after the arrest. If your case involves serious injury or even death, you might also be punished under the Three Srikes Law of California. This law means that California state court must impose harsher sentence on the persons convicted of three or more serious criminal offenses. This law significantly increases the prison sentences of persons convicted of a felony and who have been previously convicted of two more violent crimes or serious felonies.

To be safe, avoid drinking if you plan to drive your vehicle. If you have drunk and you really need to change you location, consider one of the following actions: postpone your travel if it’s not very urgent, call a cab if possible or find someone else to drive your vehicle for you.

If you want to see how these penalties will also affect your auto insurance in San Jose, enter your zip code here and compare the offers you’ll receive to find the most suitable one for your needs.