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person cought at a drive threw sleeping at the wheel, awakened, not given any sobriety test just taken in, had a blood alcohol level of .16

2007-07-10 12:17:56 · 15 answers · asked by Valerie M 1 in Politics & Government Law Enforcement & Police

this was in california

2007-07-10 12:37:38 · update #1

15 answers

As of June 2007, it's Jail Time baby....

2007-07-10 12:21:08 · answer #1 · answered by Alisha 3 · 1 2

1

2016-06-11 12:43:28 · answer #2 · answered by ? 3 · 0 0

You did not indicate what State this occurred in as it will make a difference. A .16 BAC (blood alcohol content) is twice the legal limit in Michigan. A conviction could mean a maximum of 90 days in Jail and/or a $500 fine. What you actually get sentenced to depends on the judge. Some are more lenient with first time offenders and others want to make an example out of them. You can also expect up to 6 points on your driving record and a suspension of your driver's license for up to 6 months. Usually you can apply to the court for a restricted license after 30 days. I highly recommend an attorney for representation as they can assist you with the legal stuff. It's pretty hard today to beat a drunk driving charge as the BAC usually speaks for itself.

2007-07-10 12:33:45 · answer #3 · answered by chill out 4 · 0 0

It depends on their circumstances... if they can prove they need to be able to drive in order to earn a living... e.g. a taxi driver, the courts will take that into consideration and may not revoke the driving license. There was 1 case in which a tired father was basically let off because doing anything else would have only made his situation worse... Try and think of any mitigating factors that might help the defense.. but a solicitor or barrister would be able to give a better idea. Since its a criminal charge, the defendant would get the chance of getting their own lawyer or having one provided... they would have a rough idea and ultimately, it depends on the judge on the day!

2007-07-10 12:25:41 · answer #4 · answered by Anonymous · 0 1

If I understand the ? correctly, you already stated the offense that this person was charged with: DUI (driving under the influence) 1st offense. Are you asking if there are other potential charges that may arise? Or, what the penalties are?
Again the simple answer to your ? above would be DUI-1st offense. Hope this helps. Elaborate if this isn't the ans. you're seeking.

2007-07-10 12:31:20 · answer #5 · answered by colhadley 2 · 0 0

DUI is the charge -- driving while intoxicated.

And driving, for purposes of that law, usually includes being behind the wheel on a public street or at a public place.

The sentence can vary, depending on the state and many other factors, but almost always includes some loss of license.

2007-07-10 12:22:17 · answer #6 · answered by coragryph 7 · 0 1

It depends where. In my neck of the woods it would usually be 3 days in DUI school, 60 day suspension of license, and about $1000 in fines.

2007-07-10 12:30:25 · answer #7 · answered by Anonymous · 0 0

nicely in CT... on your first offense you're put in sped up rehabilitation.. and you in basic terms lose your license for 90days and can desire to do 10 drug/alcohol classes and you're executed.. Plus fines and attorney costs in case you come to a determination to get one. and you're placed on a year probation. i think of maximum states you lose your license for 90days on your first DUI. **** after readign a remark above approximately not being ab le to get a job now and having to place that throughout your utility.. From very own adventure it wont' happen in a backround examine!!!! So no concerns approximately that...**** i've got not had one activity flipping burgers.. that DUI hasn't affected my life in any respect whilst it contains jobs!!

2016-09-29 11:39:16 · answer #8 · answered by ? 4 · 0 0

The States are enforcing strict law against drunk driver, even our celebrities are being punished for first time dui. Check-out this website very interesting at http://www.eonline.com/news/article/index.jsp?uuid=8703ee6d-8ff2-4628-a1f9-bba2fc74843a, this website quotes:

"Ty Pennington has home improvement down pat—it's self-improvement he's still working on.

The Extreme Makeover: Home Edition hunk pleaded no contest Friday to one misdemeanor count stemming from his drunken driving arrest earlier this month.

Pennington worked out a deal with prosecutors to enter the plea for willfully operating a vehicle with a blood-alcohol level of 0.08 percent or higher; in return, a second misdemeanor charge of driving under the influence of alcohol and/or drugs was dismissed.

He was sentenced to three years' probation, fined $390, ordered to attend alcohol-education classes for three months and had his license suspended for 90 days. He also must do community service in the form of a Mothers Against Drunk Driving speaking engagement.

A spokesperson for the Los Angeles city attorney said the punishment was typical for a first-time offender and Pennington received no special treatment.

"I'm happy to bring closure to my recent court proceedings," Pennington said in a statement. "Drinking and driving is never acceptable. I have pleaded no contest and will abide by the court's ruling.

"I hope this experience can help others as much as it has helped me."

The experience that so helped the 42-year-old pretty-boy TV personality: an early morning arrest May 5 in Los Angeles.

Neither police nor prosecutors have detailed the particulars of the bust, other than to confirm that the camera-ready carpenter was pulled over just after 12:15 a.m. and registered a blood-alcohol level of 0.14 percent, nearly twice the state legal limit. He was taken into custody and was released on $5,000 bail after just two hours.

Pennington quickly issued a statement acknowledging his screw-up.

"I made an error in judgment," he said after his release. "We all make mistakes, however this is about accountability.

"I could have jeopardized the lives of others and I am grateful there was no accident or harm done to anyone. This was my wake-up call."

Pennington's damage control appeared to do the trick, not just with fans, who failed to get into much of an uproar about the incident, but with his ABC bosses as well.

The network has renewed Extreme Makeover: Home Edition for a fifth season this fall, with the Emmy-winning Pennington back on board to host."

2007-07-10 12:36:23 · answer #9 · answered by kikaida42 3 · 0 1

DUI 6 months license suspension and a fine up to 1,000 first offense he should of thought of that then not now

2007-07-10 12:22:21 · answer #10 · answered by Anonymous · 0 1

If he was in possession or has lone access to the key to this vehicle, he is/was correctly charged for DUI.

2007-07-10 12:26:38 · answer #11 · answered by Jan Luv 7 · 0 0

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