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Santa Cruz Criminal Defense Blog 2015 October Potential Criminal Charges for DUI
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Potential Criminal Charges for DUI

Posted By The McGuire Law Corporation || 21-Oct-2015

Anyone arrested for driving under the influence of alcohol, drugs or both is charged with violating Vehicle Code Section 23152(a), (e), (f), commonly referred to as the DUI count and is prosecuted for a misdemeanor. An attempt to drive while under the influence is included. It is no defense that the driving occurred on private property. If the arrestee submitted to a blood alcohol test and the results show a blood alcohol content of 0.08 percent or more, the arrestee will also be charged with violating Vehicle Code section 23152(b) commonly called the 0.08 per se count. Some jurisdictions will charge a violation despite a result less than 0.08 on the basis that at the time of driving the BAC was equal to or greater than 0.08. A first dui will result in a one year suspension of a commerical license and a second dui will result in a lifetime suspension of the commerical license regardless of whether the dui offense occured while working.

Driving while addicted to a drug is a potential criminal charge. Illegally or negligently causing bodily injury to others while dui is a potential criminal charge. This is a wobbler meaning it is chargeable at the prosecution agency's discretion as either a misdemanor or a felony. Child Endangerment if a child was in the vehicle is a potential criminal charge. Driving with 0.01 or great BAC if on probation for a dui related offense is a potential criminal charge and will trigger an adminstrative hearing and possible suspension of a driver license. The prosecution may charge a felony when three drunk driving priors and the current drunk driving charge have been accumulated within 10 years as determined by the date of the offense. A dui that results in a homicide may lead to prosecution under Vehicular Manslaughter charge, a wobbler, when death resulted from criminal negligence. Vehicular Manslaughter with gross negligence may be charged which is a felony when death results from criminal negligence or Second Degree Murder may be charged which is a felony with an indeterminate life sentence when the defendant acted with implied malice.

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