In the State of California, the Department of Motor Vehicles are using a “points system” to rate driving records with all drivers having no points at the start of the issuance of the license. This changes though when a traffic violation is committed or some other crime has been committed.
The DMV imposes points on an individual’s licenses for the following instances:
- One point imposition
- An accident wherein your vehicle is not at fault;
- A minor moving violation wherein a traffic ticket is issued;
- Two points imposition
- Reckless driving;
- Driving using a suspended or revoked license;
- Hit and run accident;
- Driving under the influence of drugs or alcohol
As an individual accumulates points for violations committed, the DMV has the right and duty to impose sanctions on the individual. These sanctions include the right to suspend or revoke driving privileges if one accumulates a minimum number of points over a given period. These are the following points limits for an individual in California.
- Four points in twelve (12) months;
- Six points in twenty four (24) months;
- Eight points in a thirty six (36) months
Do note that points accumulated are not removed from your record after a year.
Since the heaviest violation is driving under the influence or DUI, then proper safeguards have been put in place by the law to ensure full knowledge and consent has been obtained from the individual driver. One of these measures includes being fully apprised of your consent to being checked on your breath, blood or urine when one is suspected of driving under the influence. The effect of refusal to have an individual checked at any time would mean the suspension of an individual’s license after confiscation of the license.
The case for violating DUI laws is having a blood alcohol content concentration of 0.08% or higher. Once your license has been confiscated by the apprehending officer, you may request for a DMV hearing within ten (10) working days to prevent suspension of your driving privileges. After hearing and the individual is found guilty of violating the statute, an individual faces imprisonment, fines, DUI program attendance and suspension of driving privileges.
On the first conviction for DUI, the following are the imposable penalties:
- Imprisonment for up to six (6) months;
- Imposition of fines between $390 and $1,000;
- Imposition of a penalty assessment equal to three times the amount of the fine;
- Loss of driving privileges for up to six (6) months;
- Requirement of attendance in a DUI program;
- Payment of a reissue fee of $125 for reinstatement of one’s driver license;
- Lodging of an SR-22 or Declaration of Proof of Financial Responsibility with the DMV
For subsequent convictions, driving privileges would be suspended between two to four years. After completion of a nine-month DUI course, you would need to have an ignition interlock device installed in your vehicle. This device checks one’s BAC before allowing to start one’s vehicle. Also included is the issuance of a restricted license to allow you to operate vehicle. If another person is maimed or dies because of your actions, then one can be imprisoned for twenty-five years under current California statute and be liable for civil damages, aside from the fines and loss of driver privileges.
As can be seen, the DMV issues points for traffic violations and if it is a DUI case, a much more complicated situation. In order to be properly advised and guided on the steps towards facing this kind of legal problem, call the DUI Attorneys of the Law Offices of Ramiro J. Lluis for a free consultation today.