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Anyone who has a driver's license gives permission to be tested for chemicals in their body by blood or breath. Furthermore, with the zero-tolerance law, drivers younger than 21 who have a blood alcohol reading higher than .05 percent may be arrested and could have their license suspended or revoked.
If an owner or driver of a vehicle has an open container of alcohol in a vehicle, except in a trunk or out of reach of occupants, they may be charged with violating the open container law.
It also is illegal for truckers to operate a commercial vehicle if they have a blood alcohol reading higher than .04 percent. There are essentially two legal proceedings for every driving under the influence arrest: one in the court system and one with the Department of Motor Vehicles.
Several factors influence the punishments for a DUI conviction:
- Having a prior conviction within the past seven years
- Speeding 20 mph or more at time of DUI
- Exceeding a blood alcohol reading of .15 percent
- Refusing to submit to a chemical test
- Having a child 14 or younger in the car at the time of the DUI
Blood Alcohol Levels *
- (.01% - .04%) May be DUI: Anyone, after one drink during a two-hour period - and people weighing 170 pounds or more, after two drinks.
- (.05% - .07%) Likely DUI: People weighing less than 170 pounds, after two drinks - people weighing 150 pounds or more, after three drinks - and people weighing 190 pounds or more, after four drinks.
- (.08% - UP) Definitely DUI: People weighing less than 150 pounds, after three drinks - people weighing less than 190 pounds, after four drinks - and anyone, after five drinks.
Trust us to fight on your behalf. Campbell & Jayne LLP are experienced professionals who want to represent you. We are San Francisco's premier criminal defense firm committed to providing each client with personalized and outstanding representation. We have experience representing clients both in California courts and federal court.
As former prosecutors, we bring extensive trial experience and a unique insight into the courtroom. Our backgrounds give our clients a great advantage as we work to strategize his or her defense.
We represent individuals in all criminal cases in the Bay Area including San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, Santa Cruz, Marin, Sonoma, Napa and Solano counties. If you are being investigated for or have been charged with a DUI or DWI, contact us today to represent you.
Related Links :
Colorado State University : Blood Alcohol Level Charts
DUI Arrest: DMV Administrative Hearings vs. Criminal Court Trials
Arrest for Driving Under the Influence (DUI): General Information
National Institute of Alcohol Abuse and Alcoholism of the National Institutes of Health
DUI & DWI Enforcement Program
MADD
American Council on Alcoholism
How a DUI Conviction Affects your Insurance
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