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DUI Laws In California
Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher. Overview Like almost every other state, California has a "per se" BAC limit of 0.08% pursuant to California Vehicle Code Section 23152(b); and based on the aforementioned federal legislation, a lower limit of 0.04% for drivers holding commercial drivers licenses ( CDL). California also has a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses pursuant to California Vehicle Code Sections 23136 and 23140. California also makes it illegal for persons who are on probation for a DUI conviction to drive with a blood or breath alcohol concentration of 0.01% o ...
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Commercial Driver's License
A commercial driver's license (CDL) is a driver's license required in the United States to operate large and heavy vehicles (including trucks, buses, and trailers) or a vehicle of any size that transports hazardous materials or more than 15 passengers (including the driver). United States In the United States, the Commercial Motor Vehicle Safety Act of 1986 established minimum requirements that must be met when a state issues a CDL. In some states, a CDL may be required to drive a recreational vehicle or agricultural vehicle. However, such vehicles are federally exempt from having to obtain a CDL. The following types of CDL licenses are: *Class A – Any combination of vehicles that has a gross combination weight rating or gross combination weight of 26,001 pounds (11,794 kilograms) or more inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds (4,536 kilograms). *Class B – Any single vehicle which has a gross ve ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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SR-22 (insurance)
In the United States, an SR-22 (sometimes referred to as a certificate of insurance or a financial responsibility filing) is a vehicle liability insurance document required by most state departments of motor vehicles (DMV) offices for "high-risk" insurance policies. An SR-22 is not an insurance policy, but a filing, or an add-on, that is added to a personal automobile liability insurance policy. Not all insurance carriers offer SR-22 filings in all territories. For instance, an insurer may offer traditional base coverage in a particular state but not issue an SR-22 in that state. A DMV may require an SR-22 from a driver to reinstate his or her driving privileges following an uninsured car accident or conviction of another traffic-related offense, such as a DUI. An SR-22 may be required for three years for conviction of driving without insurance or driving with a suspended license and up to five years for a DUI. If an SR-22 should expire or be canceled, the insurance company is re ...
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Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordere ...
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Defense Attorney
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case. United States In the United States, criminal defense lawyers deal with the issues surrounding an arrest, a criminal investigation, criminal charges, sentencing, appeals, and post-trial issues. Often an attorney will specialize in a niche within criminal defense, such as drug defense or DUI defense. They could work for t ...
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Ignition Interlock Device
An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration (which varies between countries), the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring. An ignition interlock interrupts the signal from the ignition to the starter until a valid breath sample is provided that meets maximal alcohol guidelines in that jurisdiction. At that point, the vehicle can be started as normal. A breath sample is not required to start the vehicle if the engine has been running within a time-out period, to allow quick re- ...
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List Of Alcohol Laws Of The United States
In the United States, the Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As such, laws pertaining to the production, sale, distribution, and consumption of alcoholic drinks vary significantly across the country. On July 17, 1984, the National Minimum Drinking Age Act was enacted. The Act requires all states to either set their minimum age to purchase alcoholic beverages and the minimum age to possess alcoholic beverages in public to no lower than 21 years of age or lose 10% (Changed to 8% in 2012) of their allocated federal highway funding if the minimum age for the aforementioned is lower than 21 years of age. As of July 1988, all 50 states and the District of Columbia had a minimum purchase age of 21, with some grandfather clauses, and with the exception of Louisiana's complicated legal situation that was not resolved until July 2, 1996. Prior to 1988, the minimum ...
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Drunk Driving In The United States
Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating ''avehicle under the influence of alcohol (OVI), or operating while impaired (OWI). Notability Prevalence According to the Bureau of Justice Statistics, approximately 1.5 million drunk driving arrests were made nationwide in 1996. In 1997 an estimated 513,200 DUI offenders were under correctional supervision, down from 593,000 in 1990 and ...
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Alcohol Law In The United States By State
Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcoholic beverage, sometimes referred to as "alcohol", any drink containing ethanol ** Surrogate alcohol, any substance containing ethanol that is intentionally consumed by humans but is not meant for human consumption * Methanol, a commodity chemical that can serve as a precursor to other chemicals * Alcohol fuel, a fuel containing alcohols * Alcohol powder, a powdered form of alcohol * Fusel alcohol, a mixture of several alcohols (chiefly amyl alcohol) produced as a by-product of alcoholic fermentation. * Alcohols (medicine), the use of alcohols in medicine ** Rubbing alcohol, a solution of denatured or isopropyl alcohol used in medicine Music * "Alcohol" (Barenaked Ladies so ...
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Driving Under The Influence
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the influence (OVI), and drink-driving (UK/Ireland)—is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. Terminology The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific criminal offense is usually called driving under the influence, but states may use other names for the offense including "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", and "operating a vehicle under the influence" (OVI). Such ...
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