Drivers License Suspension After DUI
One of the consequences of a California DUI conviction is that you’ll lose your driving privileges. The county courthouse where you were convicted usually doesn’t waste any time when it comes to contacting the DMV and letting them know that your license has been suspended.
For many of us, the loss of our driver’s license is about more than simply a loss of independence. In many cases, especially for those who live in rural areas, it means you can no longer earn an income.
In a perfect world, you would be able to use public transportation in order to get back and forth to your job while you wait for your California driver’s license to be reinstated following your DUI conviction. While this plan works in the larger cities that have buses, in rural areas, public transportation isn’t available and many live too far from the workplace to easily walk to work.
Too often, individuals who have a suspended driver’s license because of a DUI conviction decide to ignore the fact that they’re not legally allowed to drive and continue driving themselves to work and to other places. While this seems like it may not be a bad idea, everything changes when you’re caught driving on a suspended license following a DUI conviction.
Many people assume that driving on a suspended license is a simple traffic violation. They assume that if they’re caught, they’ll get a ticket and have to pay a fine. That’s not the case at all. The truth is that driving on a suspended license in California is a misdemeanor, meaning that if you’re caught and convicted, you’ll have another criminal charge on your record. If you’re convicted, the judge could sentence you to spend anywhere from 10 days to six months in a county jail and order you to pay a fine that’s as large as $1,000.
That’s for the first time you’re convicted for driving with a suspended license following a DUI conviction. The second time you’re caught driving with a suspended license, the potential consequences include a fine as large as $2,000 and up to a full year in a county jail.
If your license has been suspended, it’s in your best interest to convince someone for a lift or to appeal to the court about the possibility of restricted driving privileges which would at least allow you to drive yourself to and from work.
Riding Your Bike Under the Influence of Drugs or Alcohol
The rising fuel costs are causing many of us to take a second look at our bikes. Now they not only seem like a pleasant way to stay in shape but also a viable way to ease transportation costs. Not only can you use your bike to get from your home to your workplace, but you can also use it to go out at night. Not paying for gas means you’ll have more money in your pocket for drinks, and since you’re cycling rather than driving you don’t have to worry about watching how much you drink.
California law prohibits you from driving and cycling while under the influence of drugs and alcohol.
California is so serious about making sure that you don’t bike while under the influence that they created an entire law that deals with anyone who is under the influence when they mount their bike.
The law is California Vehicle Code 21200.5 VC and it states that:
“Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.”
The good news is that while the law prohibits you from cycling while under the influence (CUI) the fallout from doing so is nowhere near as life-altering as getting a DUI.
When you’re charged with a CUI you will only face misdemeanor charges. If you’re convicted of CUI in California you won’t spend any time in jail and the maximum fine you’ll face is $250.
While the potential fallout from a CUI isn’t as severe as what you’d get if you were convicted of a DUI, that doesn’t mean you shouldn’t take the situation seriously. The first issue is that you will have a criminal record that shows an alcohol-related offense.
The second thing to consider is that if you’re cycling under the influence and accidentally hurt someone you will face additional legal and civil penalties that could have a long-term negative impact on your life.
While it’s okay to go out and have a good time, when all is said and done, it’s better to have a designated driver than to cycle home after an evening of fun and drinks.
Avoid a DUI This Thanksgiving
Thanksgiving is right around the corner. This is a time for family stories, friends, and great food. Many of us use the few days at home to catch up with loved ones that we rarely get to see.
Thanksgiving should be spent with friends and family. You shouldn’t spend it in jail facing DUI charges, yet that’s exactly what happens to many people.
There is something about the Thanksgiving holiday that inspires people to drink. This is particularly true the night before the actual holiday. Each year an astounding number of people are charged with DUI during the holiday weekend. In addition to not drinking and getting behind the wheel, make sure you’re buckled up.
Getting charged with a DUI will do more than ruin your Thanksgiving, it will ruin your immediate future.
If this is your first DUI offense, you can:
- Be fined $390-1,000 (plus penalty assessments can be added, driving the total even higher)
- Be sentenced to between 48 hours and six months in jail
- 3-5 years of probation
- Lose your driver’s license for at least six months.
The consequences of a Thanksgiving DUI go far beyond ruining the holiday, they can have a huge impact on the quality of your life the entire following year. Even once you’ve completed all the requirements connected to the legal system, you’ll likely have to deal with significantly higher insurance rates and the fact that you now have a criminal record.
When it comes to drinking and driving this Thanksgiving, it’s in everyone’s best interest to and error on the side of caution. If there is even the slightest chance that you could drink while you’re hanging with friends and family, take precautions and find a place to either crash or a way to get home safely. You should expect that the police will be out in force with their eyes peeled for drunk drivers.