Legal Question in Criminal Law in California

Driving Under the Influence of Alcohol (DUI)

Hello,

I am a law student in Israel researching Drinking and Driving and it's connection with the criminal law. I would like to know if a difference exists between the californian law and other parts if the US. Also, which state in Ameirca is the most strict regarding Drinknig and Driving? Thank You.


Asked on 8/03/06, 8:29 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Driving Under the Influence of Alcohol (DUI)

The federal government has tried to standardize state laws via the granting or withholding of federal highway construction funding, see www.nhtsa.gov . Virtually all states now enforce a 0.08 per mil blood alcohol level and drinking age of 21. How "strict" any locality is in a given case depends on a number of factors such as the attitude of the officer and whether the defendant can afford bail/lawyers. The only places where drinking and driving is tolerated, if at all, are some portions of rural Western states where there are very few vehicles on the roads.

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Answered on 8/03/06, 12:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Driving Under the Influence of Alcohol (DUI)

Each state has its own DUI laws. Which one is most strict depends upon what you consider strictness, so there is no easy answer for your question.

Some states set the legal limit for blood alcohol content lower than others, and setting a low threshold can be considered being strict.

Different states set different penalties, but no state has a on-size-fits-all punishment. It is possible for state A to punish some types of DUIs more seriously than state B and other types less seriously.

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Answered on 8/03/06, 9:39 pm


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