Preparing to take a driving exam or permit test can seem like an overwhelming task; however, with conscientious studying and careful thinking the test will be a breeze.
In California, the driving permit test covers all aspects of operating a motor vehicle. Students seeking a permit are tested on his or her knowledge of rules of the road, safe driving, driving in bad weather, and on the laws of the road. In addition, the permit exam tests student’s knowledge of various crimes associated with operating a motor vehicle.
The DUI questions on permit test are designed to inform, educate, and test individuals on their knowledge of what a DUI is, what it means, and what its consequences are.
Clearly, the state of California wants to encourage safe and sober driving even before the individual is old enough to drink. It is important that obtaining a driver’s license is a privilege that can be stripped away at a moments notice. Drinking and driving is not only illegal, but also dangerous to the driver and others on the motorist.
If you believe you might be intoxicated make the right decision by not driving drunk. Below, we’ll look at some of the most common DUI questions on permit test and discuss the best answers.
1. A DUI conviction remains on your record for how long?
Answer: 10 Years
Explanation: In California, a DUI conviction remains on an individual’s record for 10 years. Within those 10 years if the individual is arrested for another DUI than the first conviction can count against him or her for sentencing parameters. DUI offenders can apply for their record to be expunged if they choose too.
2. Driving/Operating Under the Influence Means?
Answer: Driving impaired by alcohol or under the effects of a drug.
Explanation: A DUI is an extremely serious criminal charge that is due to either operating a vehicle while intoxicated or while taking a drug. California does not differentiate in punishments for those convicted of a DUI due to drugs or alcohol. For drugs, a driver can be considered driving under the influence even if they have a prescription of the drug.
More information can be obtained by visiting the California DMV website: http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm.
3. When is a DUI Considered a Felony Arrest?
Answer: When either a 3rd party is injured, if the individual has had 3 or more DUI convictions in 10 years, or if the person has at least one prior felony DUI conviction.
Explanation: Normally, a DUI is considered a misdemeanor offense; however, if any of the above parameters are met that the police can charge the individual with a felony DUI. Minimum punishments include a 180 day jail sentence, $3000 fine, four year license suspension, and mandatory attendance at a DUI education program.
4. What is the Typical Punishment for a First Time DUI Offender?
Answer: Probation, Fine, License Suspension, and a drug and/or alcohol education program.
Explanation: It is important to remember that these are the typical punishments for a first time DUI offender and can vary greatly depending on the circumstances of the crime and any additional information.
Generally, if convicted the DUI offender receives a fine of between $300 and $1000, mandatory completion of a 3 or 9 month DUI program, a driver’s license suspension that can be converted to a restricted license allowing the defendant to drive to and from work or for medical reasons, and three to five years of probation.
5. At What Blood Alcohol Level is a Driver Considered Under the Influence in California?
Answer: .08% BAC
Explanation: A driver can be arrested and charged with a DUI if a blood alcohol test reveals a BAC of .08 or higher. However, a driver can still be impaired and subsequently arrested even if his or her BAC is below that percentage. While many factors need to be considered to determine how many drinks makes an individual drunk the standard belief is that drinking more than one “standard” drink (12 oz beer, 5 oz glass of wine, 1.5 oz shot of liquor will make an individual be over the legal limit.
The DUI questions that appear on a permit test are designed to test the individual on their knowledge of California laws and safe driving practices. While many of the answers appear to be common sense it is important to understand the reasoning behind each law.
Remember to never drink and drive; however, if ever arrested for a DUI it is best to contact an attorney immediately. Look for a qualified DUI lawyer that offers a free consultation.
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Christopher J McCann is a DUI lawyer in California. You can visit my site by going to cjmdefense.com or on my Orange County DUI lawyer YouTube Channel. You can also check out the latest updates from my tweets at @cjm_law_firm.