Frequently Asked Questions

  1. What is driving under the influence (DUI)?
  2. Driving under the influence refers to “driving under the influence of alcohol and/or other drugs.” If an officer suspects you may be intoxicated, he or she may require you to take a blood or urine test
  3. What is BAC?
  4. BAC refers to the individual’s blood alcohol concentration. It is measured as a percentage by mass, by mass per volume or a combination. For example, a BAC of.08% means there are 0.08 grams of alcohol per 100 milliliters of blood. (The National Highway Traffic Safety Administration 2007)
  5. What are BAC limits in California?
  6. It is illegal for any person to operate:
    • A motor vehicle with a BAC of .08% or higher.
    • A vehicle requiring a commercial driver license with a BAC of .04% or higher.
    • A motor vehicle with any measurable BAC, if the person is under age 21. (The California Department of Motor Vehicles 2007)

  7. Is there a difference between a DUI and DWI?
  8. No, there is no difference. Driving under the influence (DUI) and driving while intoxicated (DWI) are interchangeable terms that refer to drunk driving. (DM&R Attorneys at Law 2007)
  9. What happens if you get caught for a DUI and you are under 21?
  10. For individuals under 21 years of age:

    • If you are caught with an alcoholic beverage in your vehicle, it may be impounded for up to 30 days. The court may fine you up to $1,000 and either suspend your driving privilege for one year or require DMV to delay the issuance of your first license for up to one year, if you are not already licensed.
    • Your driving privilege will be revoked for one year, if you are convicted of driving with any measurable blood alcohol concentration (BAC). On the first offense you will be required to complete the educational portion of a licensed driving-under-the-influence (DUI) program. A subsequent offense may require a longer DUI program and you will not have a restricted license to attend the DUI program. (The California Department of Motor Vehicles 2007)
  11. What do you do if you are involved in a car accident?
  12. If you are involved in an accident:

    • You must stop. Someone could be injured and need your help. If you don’t stop, you may be convicted of “hit and run” and could be severely punished.
    • Call 9-1-1, if anyone is hurt.
    • Move your vehicle out of the traffic lane, if no one is injured or killed.
    • Show your driver license, registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to any peace officer.
    • You (or your insurance agent, broker, or legal representative) must make a written report to the police or CHP within 24 hours of the accident if someone is killed or injured.
    • You (or your insurance agent, broker, or legal representative) must make a written report to DMV within 10 days, if required.
    • Leave a note with your name and address in the car or securely attached to it if you hit a parked vehicle or other property. Report the accident to the city police or, in unincorporated areas, to the CHP.
    • Find the owner and report to authorities as mentioned above, if your parked vehicle rolls away and hits another vehicle.
    • Call the nearest humane society or call the police or CHP, if you kill or injure an animal. Do not try to move an injured animal or leave an injured animal to die. (The California Department of Motor Vehicles, 2007)
  13. How do you spot a drunk driver?
  14. The following signs can help detect an impaired driver on the road:

    • Turning with a wide radius
    • Straddling the center of the road or lane marker
    • Appearing to be drunk (i.e., eye fixation, face close to windshield, drinking in the vehicle)
    • Almost striking an object or another vehicle
    • Weaving or zigzagging across the road
    • Driving on surfaces other than a designated roadway
    • Swerving or abruptly turning away from a generally straight course
    • Turning abruptly or illegally
    • Driving slower than 10 mph below the speed limit
    • Stopping without cause in a traffic lane
    • Stopping inappropriately
    • Following others too closely
    • Drifting or moving in a straight line
    • Erratic braking
    • Driving into opposing or crossing traffic
    • Signaling that is inconsistent with driving actions
    • Slow response to traffic signals, including sudden stops and delayed starts
    • Driving with headlights off
  15. How do you report drunk drivers?
  16. The following protocol outlines how to report drunk drivers:

    1. Call 911 and tell them you wish to report a drunk driver.
    2. Give the exact location of the vehicle, including the name of the road or cross streets and the direction the vehicle is traveling.
    3. Give a complete description of the vehicle, such as make, model, color and license plate.
    4. Describe the manner in which the vehicle is being driven. (The California Department of Motor Vehicles 2007)
  17. What is the punishment for drunk driving?
  18. Drunk driving carries serious penalties. First-time offenders face the possibility of both fines and jail time. If the circumstances warrant it, however, the court may choose less restrictive options, including probation, community service, or alcohol awareness or abuse counseling. For subsequent offenses, the likelihood of imprisonment increases, and in all cases, the loss of driving privileges-at least temporarily-is almost guaranteed.