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California DUI – Frequently Asked Questions and Information

| Gazette, Police Blotter, Uncategorized | March 28, 2013

There are two situations in which the state of California can convict any person of DUI (Driving Under the Influence). California laws are based on two different statutes:

California Vehicle Code Section 23152 (a) – Which says that it is unlawful for any person who is under the influence of any alcoholic drink or drug, or under the combined influence of any alcoholic drink and drug, to drive a vehicle.

California Vehicle Code Section 23152 (b) – Which says it is unlawful for any person who has a blood alcohol content (BAC) of .08 % or more in his or her blood to drive a vehicle.

If someone you know is arrested on DUI, you’ll want to find out all the facts of the DUI charge. You should ask the following questions to verify if the arrestee will require a bail bond:

Q: Is this the first time they’ve been arrested on a DUI / DWI offense?
A: If it is, a bail bond may not be required. You may see or hear that their bail has been set at a certain amount between, $1,000 to $5,000. However, this is the typical bail amount based on the Los Angeles County bail schedule.

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The arrestee may be required to sit in the jail cell for approximately eight hours or more to be allowed to “sober up.” 
As such, the jailer may later release the defendant on an O.R., also known as their “Own Recognizance.” In this case, they will be released without the need for any “financial security,” such as a bail bond, to make certain they’ll return to court.

They may also be “Cited Out,” or released on citation. This means they will be trusted to get to court on their own. In either case, they will not require a bail bond. We recommend that people wait at least eight hours to find out what decision will be made and if the defendant will be released on his/her own.

Have any of the following situations occurred? If so, it may be necessary to procure a bail bond for the arrestee as a “Cite out” / O.R. won’t be offered:

Q: Has there been a prior DUI / DWI arrest or any other past arrest or citation with regards to the defendant driving while intoxicated?
A: If yes, a bail bond may be required.
Q: Is the driver under the age of 21?
A: If yes, a bail bond may be required.

Q: Has an accident or injury occurred?
A: If yes, (whether involved with another vehicle, or only one vehicle was involved,) a bail bond may be required.

Q: Was there another passenger in the vehicle who is a minor?
A: If yes, a bail bond may be required.

Q: Was there significant speeding or reckless driving involved?
A: If yes, a bail bond may be required.

California DUI penalties vary according to the individual circumstances of each case.

As a final note, many do not know that the “field sobriety test” is optional and that people are not required by law to submit to them. Officers however, are not required to divulge that information.
In many cases, it is in your right to politely refuse the test if you find yourself in a DUI situation. However, if you do, you may face penalties beginning with a one-year suspension of your license and fines.

The penalties could even be steeper if you refuse a chemical test. Further, refusing the test doesn’t mean you won’t be arrested or convicted of DUI. If you do consent to the test, you may be asked to conduct up to five various tests, including blood, breath or urine. For more information, you can read California’s implied consent law in the California Vehicle Code Section 23612.

Robin Sandoval is a California Licensed Bail Bondsman and owner of SCV Bail Bonds. Robin writes blogs and articles to help increase community awareness of the bail industry. If you have questions or want to suggest a topic, email robin@scvbailbonds, visit www.scvbailbonds or call 661-299-2245.

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