Driving Drunk on Halloween
We have a tendency of thinking about Halloween as a holiday that is full of good-natured fun. It’s a holiday that allows us to wear crazy costumes, abandon our diets, and really cut loose. The only real risk we usually associate with the holiday is the need to drive carefully during the time frame that trick-or-treaters roam the streets.
What many of us don’t know is that Halloween is a holiday when many drivers overindulge and are legally drunk when they slide behind the wheel. Most of these drunk drivers are leaving Halloween parties.
College students in particular are prone to over drinking on Halloween. One research project revealed that the average college student usually drinks about 6.3 alcoholic beverages at Halloween parties. That’s about 1.4 more drinks than they would normally consume.
And it isn’t just college kids who drink too much at Halloween functions. According to the American Addiction Centers, Halloween is the fourth booziest holiday of the year. Americans consume less alcohol on Halloween than they do on the Fourth of July but more than they drink during Cinco de Mayo.
If you’re going to a Halloween party and plan on drinking alcohol, you still need to be smart. Assume that you’ll drink too much to safely drive home and create a plan. This plan could involve a designated driver, getting an Uber home, or simply staying at the host’s home until you’ve sobered up.
Hawaii patrol officers know how dangerous the streets are on Halloween night. They will be out, and they will be keeping an eagle eye open for any tell-tale signs that you’re driving drunk. It’s even possible that you’ll encounter a sobriety checkpoint on your way home.
If you are arrested and convicted of drunk driving on Halloween, the consequences will have an immediate impact on your life.
If this is your first DUI conviction, you could be sentenced to as much as six months in jail, fined up to $1,000, have your driver’s license suspended for six months, and have a vehicle ignition lock installed on your vehicle for up to a year while your driving privileges are restricted.
The third time you’re convicted of drunk driving in California, you could be sentenced to 120 days through 1 year in jail, pay a fine of $1,800, lose your driver’s license for up to 3 years, plus have an ignition lock installed on your vehicle for as long as two years.
If your drunk driving results in property damage, someone getting hurt, or the death of another person, you will face even more serious charges that could include vehicular manslaughter.
All things considered, finding a different way to get home after you’ve been drinking at a Halloween party is a really good idea.
The Legal Ins and Outs of Street Racing in California
Street racing is fun. It’s exciting. It might even seem like a good idea. It’s also the type of fun that can land you in a great deal of legal trouble.
California lawmakers believe that street racing is reckless and dangerous behavior which is why they’ve created strict laws. The hope is that the laws are enough to convince you to give street racing a pass and look for a different, legal way, to get your kicks.
It’s important to understand that California lawmakers are cracking down on all types of street racing. You aren’t allowed to drag race, drift, or engage in a straight-up speed race while you’re on a public road. If you want to race, find a private racetrack.
At this point, street racing is a misdemeanor in California. Don’t assume that just because it’s a misdemeanor that you’ll get away with a reprimand.
The potential consequences of first-time offense for street racing in California include:
- 40 hours of required community service
- Losing your driver’s license for between 90 days and 6 months
- Serving between 1 day and 90 days in county jail
- A fine that ranges from $355-$1000
- Potentially having your vehicle impounded for 30 days (which means 30 days of impound fees)
You probably already guess, the consequences are worse after the first time you’re convicted of street racing in California.
If less than 5 years have passed since your first street racing conviction, the consequences can include:
- A mandatory 6-month suspension of your driver’s license
- Serving 4 days to 6 months in the county jail
- Paying fines that could range from $500-$1000
- High impound fees
Many street racers are caught because someone is hurt during the race which means medical personal and police arrive on the scene. Not only do the injuries bring law enforcement, but the injury also means significantly worse consequences to everyone who was busted on the street racing scene.
Street racers who are caught in a race that resulted in minor injuries can be sentenced to 30 days up to 6 months, have their license suspended, be required to do a significant amount of community services, and be issued fines of $500 to $1,000.
When a person is seriously injured as a result of a street race in California, you could be sentenced to 16 months to 3 years in jail, lose your driving privileges for a long time, and be required to pay as much as $10,000 in fines. It’s also likely that you’ll be named as the defendant in a civil lawsuit.
If someone passes away because of injuries sustained in a street race, you could be charged with vehicular manslaughter.
Additional charges that are frequently added to the street racing charges include:
- Reckless endangerment
- Reckless driving
- Evading the police
- Speeding
- Failure to yield
When you consider the potential consequences of street racing, it really is in your best interest to take the time to find a private race track where you can legally race to your heart’s content.
Wet and Reckless in California
If you’ve never heard of a wet and reckless charge in California, you’re not alone. Very few people are aware of them. Most of the people who do know about wet reckless driving offenses are lawyers who specialize in DUI cases.
What is a Wet Reckless Driving Charge in California
A patrol officer won’t write a wet reckless ticket. The only way you’ll ever get such a thing is if you’ve been arrested for a DUI in California and your lawyer can talk it down to a wet reckless charge. The fact that it’s not a traditional driving violation is the reason so few people have even heard of wet reckless driving.
A wet reckless charge is a plea agreement the California lawyers use in drunk driving cases. They usually only apply the first time a person is involved in a DUI. The biggest difference between a wet reckless charge and a traditional DUI conviction is that the consequences connected to a wet reckless charge are milder than those attached to a DUI. In many cases, people find that having a wet reckless charge on their file doesn’t create as many problems when employers run a background check.
In the past, some lawyers haven’t been fans of wet reckless charges, but changes made in 2021 have altered their stance.
How a Wet Reckless Compares to a DUI
If you’re able to plea a DUI down to a wet reckless in California, there is no automatic suspension of your driver’s license, though there is an exception. If the DMV learns that your wet reckless charge resulted from a BAC of 0..08% they can still suspend your license, though the suspension might not last as long. It’s also important to understand that the charge will result in two points being added to your driving record.
A wet reckless charge doesn’t involve mandatory jail time. If the judge does sentence you to jail, the maximum amount of time you would serve is 90-days.
You’ll probably still be required to take a few DUI classes, but it’s normally far fewer than you’d have to take if you were charged with a formal DUI.
While there is still a probationary period connected to a wet reckless conviction, it’s significantly shorter. The probation for a wet reckless is generally one to two years, whereas for a DUI it’s three to five years long. This can have a huge impact on your life if you plan on moving out of state or doing much traveling.
Wet and reckless charges aren’t applicable in every single DUI situation. You’ll have to consult with a highly experienced DUI attorney to determine if this is the route you should take following a DUI arrest.