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stopsubstanceabuse1-blog · 5 years

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DUI Laws in California

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DUI Laws in California

ARTICLE OVERVIEW: Have you been arrested for drinking and driving? This article reviews laws, penalties, and general legal procedures for DUI in California.ESTIMATED READING TIME: Less than 10 minutesTABLE OF CONTENTS:DUI vs. DWICheckpointsMisdemeanor or Felony?1st DUI2nd DUI3rd DUIJail TimeClasses and DUI SchoolStatute of LimitationsExpungementDUI Lawyer CostsIs Rehab an Option?In California, DUI and DWI are relatively interchangeable terms.DUI vs. DWIA DUI means “driving under the influence” while DWI stands for “driving while intoxicated”. [1] They are both acronyms for driving with a blood alcohol content, or BAC, over the legal limit or driving while impaired due to drug use.Across the country, the limit for BAC is 0.08% if you’re 21 or older. If you’re under 21, then the legal limit is 0.01%. If you’re caught breaking these limits, you will be charged with a DUI.In the state of California, there usually is no difference between DUI or DWI. Both terms refer to alcohol or drug-related driving incidents.The confusion between the definition of each lies in the fact that some states refer to a DUI when discussing an alcohol-related incident while using DWI to refer to a drug-related incident.Depending on the state and county you’re in, you may be charged with either a DUI or a DWI.Furthermore, there are certain rules within the state of California. [2] For example, if you’re on DUI probation, you’re not allowed to have over 0.01% BAC in your system. Or if you’re in a vehicle which requires a commercial driver’s license, you can’t have a limit of more than 0.04% BAC.CheckpointsIn California, sobriety checkpoints are allowed. Sobriety checkpoints allow police to briefly stop vehicles at specific, highly visible locations to see if the driver is impaired. Police may stop all or a certain portion of drivers. At a checkpoint, breath tests may be given if police have a reason to suspect the driver is intoxicated.What happens next?If you’re pulled over and the breathalyzer shows that your BAC is higher than the legal limit to drive … or if you refuse testing, administrative license revocation or suspension laws allow police to take away your license. You will also be arrested.If you’re arrested due to a DUI, the Department of Motor Vehicle will immediately take action and suspend or take away your license. This differs from the action which may be taken against you in court. Depending on your situation, you could face the following penalties in a court of law:Completion of DUI schoolDelay in Driver’s LicenseFineJail timeAny court convictions will be placed on record. This is done for the sake of notifying the court if new convictions appear in the future. With that in mind, penalties worsen if you drive under the influence again.Misdemeanor or Felony?Whether you receive a misdemeanor or felony in a California court entirely depends on your situation. If you’re pulled over at a DUI checkpoint and are have over 0.08% BAC, you’ll most likely be charged with a misdemeanor. Most classes of misdemeanors result in the following:A fine of $1,000.Community service.Counseling.Probation.Up to one year in jail.However, if someone else is either hurt or killed in an accident due to your DUI, then you’re likely to face a felony. Additionally, misdemeanors and felonies are divided into classes to better suit different crimes. [2] For example, a first-degree felony is charged or the worst of crimes and can result in life in prison or even the death penalty.1st DUIIf you’re a first-time offender, it’s in California’s best interest to make sure you don’t break the law again in the future. Therefore, much of the consequences you receive are to learn better from criminal tendencies.Upon receiving your first DUI,you’ll be charged with a misdemeanor which usually results in the following consequences [4]:A fine between $390 and $1,000.Jail time between 48 hours and 6 months.A 6 month license suspension.In specific counties, such as Alameda, Los Angeles, Sacramento, and Tulare, first-time offenders must install and preserve an ignition interlock device, or IID, for five months after completion of their license suspension.2nd DUIUpon receiving your second DUI in California, you’ll be again charged with a misdemeanor which usually results in the following consequences:A fine of anywhere between $390 and $1,000.Jail-time of anywhere between 96 hours to 1 year.Alternate house arrest or work programs.A 2 year license suspension.Probation for 3 years and 18 to 30 months of DUI school.Ignition interlock device for 12 months in some counties.3rd DUIUpon receiving your third DUI in the state, you’re likely to receive a higher level misdemeanor which usually results in the following consequences:A fine of anywhere between $390 and $1,000.Jail time of anywhere between 120 days to 1 year.A one to three year license suspension.Informal probation of 3-5 years with 30 months of DUI school.Ignition interlock device for 24 months in some counties.Why risk jail time? Call us to learn about rehab.Jail TimeSo, can you go to jail for DUI in CA?Yes, jail time is possible for DUI convictions in California. In fact, you may receive a sentence with jail time for a DUI if:Someone else was hurt due to your DUI.You refuse checkpoint testing.You enter a plea bargain.If another person is killed in an accident due to the DUI, you’ll immediately be charged under California Penal Code 191.5 with vehicular manslaughter. This can result in anywhere between 2 years to life in prison, depending on past criminal charges.Further, if you’re DUI is due to drug-related issues and you’re caught in possession of drugs during the time of your arrest, you can expect to be prosecuted.However, jail sentences are typically lower on your first offense cases. Sentencing terms rise if you re convicted of additional DUI offenses within a 10-year window. If these offenses are, jail sentences can also increase. You can expect increases in jail time sentencing for DUI if you:Are under the age of 21.Had a BAC of over 0.15%.Had a child under the age of 14 in the car.Were driving well over the speed limit.In order to get a clear sense of whether or not you risk jail time and how much of it, you’re going to want to talk to a lawyer. Lawyers have the best understanding of your case and the consequences which may follow.Classes and DUI SchoolUnder Vehicle Code 23152, drivers convicted of a DUI or “wet” driving offense must enroll in a California DUI school. There are around 500 licensed DUI programs within California, all of which provide in-person classes. It should be noted, online classes DO NOT count towards California’s DUI programs.The amount of time and money you spend on DUI school depends entirely on your situation. The following information is an estimated cost and classes provided by Shouse California Law Group:Under-21 first offender- $270 – 12 hours“Wet reckless” offender – $270 – 12 hoursFirst DUI with BAC of under 0.2 – $843 –30 hours within 3 monthsFirst DUI with BAC of 0.2 or greater – $1,850 –60 hours within 9 monthsRepeat wet reckless offender – $1,850 –60 hours within 9 monthsRepeat DUI offender – $1,900 to $2,600 – 18 monthsRepeat DUI offender with BAC of 0.2 or greater – $3,000 – 30 monthsRepeat DUI offender with more than 2 offenses – $3,000 – 30 monthsAgain, the price and how much time you spend in DUI school will depend on the county you’re from and the specific laws of that area.Repeat DUIs is a sign of a drinking problem.Statute of LimitationsFrom the date of your DUI arrest, the district attorney has one year to file charges for a misdemeanor. If your case involves a felony, the government is allowed three years to file charges.This means that if the state prosecutors don’t file a criminal charge within the limits, you’ll be free from prosecution. The logic behind this statute of limitations is that:Eyewitness memory weakens over time.Evidence worsens over time.Furthermore, if you are charged with a DUI, it will stay on record for about a ten-year period. In some cases, DUIs are held on record for an indefinite period. These statute of limitations are for first-time offenses and WILL DIFFER with a second or third-time offense. You can contact the county’s public record office where you were convicted of DUI for more information.Your DUI record is logged in the judicial system for 10 years.ExpungementMany people look at expungement as a “do-over”. It is possible in California. The practice of expungement is authorized under Penal Code 1203.4. Usually, people seek out this option when trying to find a job.However, the only way to expunge a DUI off your criminal record is to do so after the case is over. Anyone who received a California misdemeanor or felony will be allowed expungement from their DUI as long as:They’ve completed their probation for the offense.Didn’t serve time in a state prison.You’re covered by the realignment law under Proposition 47.In order to receive an expungement, you must petition the court of your conviction. Your petition will then be handed to a judge for review and s/he will determine your eligibility. If you are eligible for expungement, you’ll be granted the ability to enter a “not guilty” plea or given a verdict to expunge your record.It should be noted that the main purpose for expunging DUI charges is for the sake of employment. If you were to receive another DUI within a 10-year period, your conviction will still be tracked as a “prior offense” in the same manner as if it had not been expunged.Considering your options? Ever thought about rehab?DUI Lawyer CostsIt’s no secret that lawyers are expensive. When it comes to DUI charges, there are some instances where accepting the consequences is less consequential than hiring a lawyer. This is due to the wide range of lawyer costs within the state of California.For this example, we’ll be using Los Angeles county where a basic lawyer with just enough experience will cost you anywhere between $2,500 to $3,500. As you can see, if you’re a first time offender, that price is already more than the fine you might be given for your DUI.However, if you want a good lawyer, you’re going to be looking at a cost of around $4,000 to $5,500. If you’re looking to hire a great lawyer with plenty of experience defending people with DUI’s, you’re going to pay a price which exceeds $6,000.A lawyer may sound like a good option in order to reduce the penalties you’ll receive from your DUI. However, it must be noted all the other expenses a DUI comes with. For example:Courts and fines will add up to around $2,000.DUI School can be anywhere from $400 to over $1,000.Your insurance rates will go up to around $2,500 per year.You might receive an ignition interlock device which can cost $500 or more.Drug courts can order rehab in lieu of penalties.Is Rehab an Option?As mentioned above, it’s in California’s best interest to get criminals off the streets and offer them the help they need. Therefore, if you’re facing a DUI in California, it’s in your best interest to look into drug courts in your area. Drug courts can order rehab in lieu of other penalties.A drug court is a specialized court which offers different possibilities other than traditional imprisonment for drug and alcohol use. Both adults and juveniles have access to these courts. According to the Judicial Branch of California, the goal of these courts:Decrease the likelihood of a repeat criminal offense and drug abuse amongst those who offend.Increase the chances of offenders successfully reach sobriety through treatment.Under the Assembly Bill No. 848, certain offenders are granted access to treatment facilities and other initial treatment services. However, your allowance for a drug court will depend on your case. If you are sentenced with a misdemeanor, you’re more likely to gain access to a drug court than someone sentenced with a felony.Again, speak with a lawyer for more information about this option.Your QuestionsIf you have any further questions pertaining to DUI laws in the state of California, we invite you to ask them below. If you have any further information on California DUI laws, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.Reference Sources[1] NHTSA: Drunk Driving [2] State of California: Blood Alcohol Limits [3] Driving Laws: Penalties for DUI in California [4] California DMV: Driver Safety School NHTSA: Crash Stats Source: https://addictionblog.org/california/laws/dui

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attorneygroup · 7 years

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Recall Report: Week of April 17, 2017

This week saw a recall on almond drinking powder, recalls on peanut butter chocolate chunk cookies, recalls on shrimp and lemongrass satay, recalls on whole foods cookies, recalls on beyond meat crumbles, recalls on dining chairs, recalls on dietary supplements, recalls on mango flavored ice cream, recalls on food dehydrators, recalls on motorized caster boards, and recalls on chicken burritos.

Details are below, courtesy of cpsc.gov and recalls.gov.

If you would like more information on a recalled product, or if you have been injured by a product, including one of the products listed below, contact the Attorney Group for more information. We offer free, no obligation consultations. We can help answer your questions. If you have a case and would like legal counsel, we can connect you with an affiliated product liability attorney who can assist you through the legal process. Get informed; get connected. Contact the Attorney Group today.

Product Recalls for the Week of April 17, 2017:

Almond Drinking Powder: Feng Mao Biotechnology Organic Food CO. of R.O.C is recalling Almond Drinking Powder in 600 g cans, because it may contain undeclared peanuts. People who have an allergy or severe sensitivity to peanuts run the risk of serious or life-threatening allergic reaction if they consume these products. Almond drinking powder was distributed by Richin Trade Inc., Walong Marketing Inc. and Tiffany Foods CORP. through retail stores. The product at issue can be identified by the expiration date and UPC number listed on the left end of the package, including: UPC 4714582563070 and expiration dates 2017/4/27, 2017/4/21, 2017/5/24, 2017/6/8, 2017/6/20, 2017/8/18, 2017/9/7, 2017/10/26, 2017/11/30, 2018/1/24, 2018/12/17, and 2018/3/11. Consumers should return the affected product to the store where they purchased it for a full refund. Consumers who may have questions or concerns should call the phone number on the labeling of product. Recall Date: 4/14/2017

Peanut Butter Chocolate Chunk Cookies: Jimmy’s Cookies LLC is recalling LOT #047 The Bakery Peanut Butter Chocolate Chunk Cookies from all retail stores, because it may contain undeclared milk. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume this product. The Bakery Peanut Chocolate Chunk Cookies LOT #047 was sold in retail stores and distributed Nationwide in bakeries. The Bakery Peanut Butter Chocolate Chunk Cookies LOT #047 are packed 10 cookies to a 14 ounce container with an orange label. LOT #047 can be found printed in black ink on the top of the package. The recall was initiated after it was discovered that the product containing milk was distributed in packaging that did not reveal the presence of milk. Subsequent investigation indicates the problem was caused by a temporary breakdown in the company’s labeling processes. Consumers who have purchased The Bakery Peanut Chocolate Chunk Cookies from retail stores are urged to return it to the place of purchase for a full refund. Recall Date: 4/14/2017

Shrimp and Lemongrass Satay: TP Food Processing, Inc. is recalling Lemongrass Satay and Shrimp Satay (Lot code 2016) because the acidified sauces were not properly produced making them susceptible to contamination with Clostridium botulinum. No illnesses, customer complaints, or illnesses have been reported to date. Products subject to recall include TPF Lemongrass Satay, 9 ounce, Lot Code 2016; and TPF Shrimp Satay 6 and 9 ounce, Lot Code 2016. Symptoms of Clostridium botulinum typically begin with blurred or double vision followed by trouble speaking and swallowing, then progress to muscle weakness starting in the upper body and moving downward. Botulism can lead to life-threatening paralysis of breathing muscles requiring support with a breathing machine (ventilator) and intensive care. People experiencing these symptoms who have recently eaten Lemongrass Satay and Shrimp Satay should seek immediate medical attention. Consumers in possession of these products should not eat them, rather product should be returned to the place of purchase. Recall Date: 4/14/2017

Whole Foods Cookies: Nine Whole Foods Market stores in Northern California are voluntarily recalling some decorated (iced) cookies from the self-service cookie displays because the products contained egg allergen that was not listed on the product sign. The store in Napa, California is also recalling a decorated (iced) cookie because the product contained wheat allergen that was not listed on the product sign. People who have an allergy or severe sensitivity to eggs or wheat run the risk of serious or life-threatening allergic reaction if they consume these products. All affected products have been removed from store shelves. The affected cookies are iced in the shape of eggs, bunnies or chicks and were available unwrapped in the self-service bulk cookie displays. The products were sold on or before April 14, 2017. No illnesses have been reported to date. The cookies were sold in the following locations in Northern California: 777 The Alameda, San Jose, CA 95126; 390 Coddingtown Mall, Santa Rosa, CA 95401; 4800 El Camino Real, Los Altos, California, 94022; 3682 Bel Aire Plaza, Napa, California, 94558; 1001 Galleria Blvd., Roseville, California, 95678; 2001 Market Street, San Francisco, California, 94114; 6910 McKinley St, Sebastopol, CA 95472; 911 Soquel Avenue, Santa Cruz, CA 95062; and 201 W. Napa Street, Sonoma, CA 95476. Customers who purchased these products and wish to return them can bring a valid receipt into stores for a full refund. Recall Date: 4/15/2017

Beyond Meat Feisty Crumbles: Beyond Meat is voluntarily recalling certain bags of Feisty Crumbles from three production lots because they may contain low levels of undeclared peanuts. People who have an allergy or severe sensitivity to peanuts run the risk of serious or life-threatening allergic reaction if they consume these products. The products and lots in question include Feisty Crumbles (5 pound bags), UPC 852629004415, Lot No. 20170202T, Best by 2/2/2018; Feisty Crumbles (5 pound bags), UPC 852629004415, Lot No. 20170203T, Best by 2/3/2018; Feisty Crumbles (11 pound bags), UPC 852629004613, Lot No. 20170202T, Best by 2/2/2018; and Feisty Crumbles (5 pound bags), UPC 852629004415, Lot No. 20170209T, Best by 2/9/2018. The recalled Feisty Crumbles products were distributed to multiple distributors and stores. All recalled product will be removed from the warehouses and store shelves and destroyed. Consumers who have purchased the Feisty Crumbles from above lots are urged to return them to the place of purchase for a full refund. Recall Date: 4/17/2017

Windsor-Style Dining Chairs: Cost Plus Management Services Inc. is recalling Stafford Windsor-style dining chairs because the legs on the chairs can break, posing a fall hazard to consumers. This recall involves wooden Stafford Windsor-style dining chairs with four legs. The chairs have a walnut finish and are intended for indoor use. Purchase order number 200519526, 400519526, 200519525, 400519525, 200524057, 200536057, 200536058 or 400524058 is printed on the UPC label attached to the underside of the chair seat. Recalled chairs were sold exclusively at Cost Plus World Market and World Market stores nationwide and online at www.worldmarket.com from June 2016 through December 2016. Consumers should immediately stop using the recalled chairs and return them to any Cost Plus World Market or World Market store for a free replacement chair. Recall Date: 4/18/2017

Natural Male and Female Sexual Enhancement Supplements: Organic Herbal Supply, Inc. announced that it is conducting a voluntary nationwide recall of all lots of Uproar, Cummor, Zrect, Monkey Business, Xrect, Rectalis, Tornado, Zdaily, BigNHard, Enhancerol Natural Male Enhancement capsules. FDA analysis has found the products to contain Tadalafil. Tadalafil is a FDA-approved drug used as treatment for male Erectile Dysfunction (ED), the presence of tadalafil in these male enhancement products renders it an unapproved drug for which safety and efficacy have not been established and, therefore, subject to recall. Organic Herbal Supply is also recalling Zrect for Women and LabidaMAX. FDA analysis has found these two products contain Flibanserin, an FDA-approved prescription drug for Hypoactive Sexual Desire Disorder (HSDD) in women. There have been no reports of illness to date. Uproar, Cummor, Zrect, Monkey Business, Xrect, Rectalis, Tornado, Zdaily, BigNHard, Enhancerol Natural Male Enhancement capsules are marketed as a dietary supplement for erectile dysfunction. They are packaged in 2, 4 and 10 count packages and sold nationwide. Zrect for women and LabidaMAX were packaged in 30 count packages and sold nationwide through Amazon.com and through Zrect.com. A complete list of affected products can be found here. Organic Herbal began shipping this product on or around December 2014 through February 2017. Use of these products may pose a threat to consumers because the undeclared active ingredients may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. ED is a common problem in men with these conditions, and consumers may seek these types of products to enhance sexual performance. Organic Herbal Supply, advises any customers in possession of the Uproar, Cummor, Zrect, Monkey Business, Xrect, Rectalis, Tornado, Zdaily, BigNHard, Enhancerol, Zrect for Women, LabidaMAX to stop using and return any unused product for a full refund to the company directly. Recall Date: 4/18/2017

Mango Flavored Ice Cream: La Granja INC of Doraville Georgia is recalling 4000 units of Hand crafted Paleteria, Mango Flavored Ice cream, because it has the potential to be contaminated with Salmonella Enteritidis, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy individuals may suffer only short-term symptoms pain and diarrhea. Long term complications can include severe arthritis. The ice cream was distributed in Georgia, Alabama, North Carolina and South Carolina through retail stores, by direct delivery. The popsicle comes in a clear bag with La Granja logo, Mango Flavor Ice Cream and the dates of expiration are 210218 (February 21, 2018) and 280218 (February 28, 2018). UPC code 0010439212. Consumers who have purchased La Granja Ice cream are urged to return it to the place of purchased for a full refund. Recall Date: 4/18/2017

EZDRY Food Dehydrators: Greenfield World Trade Inc. is recalling its EZDRY Food Dehydrators because the food dehydrator can overheat, posing fire and burn hazards. The recall involves white, EZDRY, six-tray food dehydrators. The dehydrator weighs about 4 pounds and measures 12 inches tall by about 8 inches deep by 10 inches wide. EZDRY is printed on the front of the dehydrators. EZDRY and the model number EPD60W are printed on a white label on the bottom of the unit. They were sold in a white box labeled “EZDRY by Excalibur” Home Dehydrator with a picture of the product. These products are marked “Date Code: 2116, 2416, or 3316” engraved at the bottom of the label located on the bottom of the unit. Recalled dehydrators were sold at Kohl’s stores nationwide and online at Amazon.com from June 2016 through February 2017. Consumers are encouraged to immediately stop using the recalled food dehydrators and contact Greenfield for instructions on returning the recalled food dehydrators with a prepaid shipping label for a free replacement or full refund. Recall Date: 4/20/2017

RipStik Motorized Caster Boards: Razor USA LLC is recalling RipStik electric motorized caster boards because the rear wheel can stop rotating and lock up while in use, posing a fall hazard. This recall involves Razor RipStik electric motorized caster boards. The boards have two wheels, a hub motor and a lithium ion battery. They have a wireless digital hand remote that controls the speed up to 10 mph. The manufacturing date is on the bar code label located on the bottom of the product and Razor USA LLC is embossed on the bottom. “RipStik” is printed on the top of the board. They are blue and black in color. Recalled products were sold at Target, Toys R Us, Walmart, and other stores nationwide and online at Amazon.com, Razor.com, Target.com, toysrus.com and Walmart.com and other websites from February 2016 through April 2017. Consumers should immediately stop using the recalled caster boards and contact Razor to receive a free repair kit. Recall Date: 4/20/2017

Atkins Chicken with Cheese and Bean Burrito: Request Foods, Inc. is recalling approximately 30,537 pounds of burrito products due to misbranding and undeclared allergens, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced. The products are mislabeled as a chicken with cheese and bean burrito but contain an egg and sausage burrito product. The product contains egg and soy, known allergens, which are not declared on the product label. The frozen burrito items were produced on Dec. 19, 2016. Products subject to recall include 6 ounce plastic package containing “ATKINS CHICKEN WITH CHEESE AND BEAN BURRITO” with a “Best By” date of Dec. 19, 2017. The products subject to recall bear establishment number “P-17644” inside the USDA mark of inspection. These items were shipped to retail locations nationwide. Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase. 4/20/2017

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