Monday, January 15, 2007

Drink Responsibly

From my weekly (AM) radio segment titled "Legal Minute".

During this season of holiday parties and year-end celebrating, alcohol is everywhere, so everybody needs to remember the laws regarding drunk driving. California has two basic drunk driving laws found in Vehicle Code sections 23152(a) and 23152(b). 23152(a) makes it a misdemeanor to drive under the influence of alcohol and drugs. 23152(b) makes it a misdemeanor to drive with a blood alcohol level of .08% or greater. Drinking and driving can result in being convicted of both offenses but the punishment will be singular. Punishment varies by facts but generally, for the first offense, it will consist of a fine, a 90 day license restriction in addition to a DMV suspension, attendance at DUI school for up to 9 months and probation for up to three years. Vehicle Code section 23153 sets forth the felony DUI provisions where an injury results from the drunk driving. The Penal Code sections 191.5 and 192 describe the crime of vehicular manslaughter where a death results from the drunk driving. Be safe on the road this season.