Everyone has had a bad day now and again. Maybe you stayed up too late the night before, or you’re dealing with personal issues that make it hard to get through the day. Whatever the reason, having one too many drinks at any given time is something that many people can all relate to at some point in our lives.
However, getting involved in alcohol-related crimes is something nobody ever wants to experience. The authorities take these types of incidents very seriously, which means if you’re caught driving under the influence (DUI), being charged with public intoxication, or being arrested for another related crime, it could have severe repercussions on your life moving forward.
If you face these charges, knowing how an assessment and evaluation process works when dealing with alcohol-related crimes in California is essential. This blog post covers the basics to inform you about your options moving forward.
Common Alcohol-Related Crimes In California
Some of the most common alcohol-related crimes include the following:
Drunk Driving – DUI
Driving under the influence (DUI) is California’s most common alcohol-related crime. While the penalties for a DUI depend on the crime’s severity, they can include jail time, fines, and loss of your driver’s license. If you are charged with a DUI, you may face some of the following penalties:
First DUI Offense – Misdemeanor
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Jail time of up to six months
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Fines between $390 and $1,000
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License suspension for up to one year
Second DUI Offense – Misdemeanor
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Jail time of up to one year
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Fines between $390 and $1,000
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License suspension for up to two years
Third DUI Offense – Felony
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Jail time of up to one year
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Fines between $390 and $1,000
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License suspension for up to three years
Possession Of Alcohol By A Minor
A minor found to be in possession of alcohol may be charged with a misdemeanor. This is true even if the minor is not consuming the alcohol and has no intention of doing so. A minor found in possession of alcohol may be required to pay a fine of between $25 and $100.
An alcohol assessment is required for all offenders. Minors will also be required to complete an alcohol education program.
Public Drunkenness
California law prohibits public drunkenness. The term “public” refers to a place that is open to the public, including, but not limited to, a street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, or public transit system.
A minor found in public while intoxicated, regardless of whether they are consuming alcohol, may be charged with a misdemeanor. A drug and alcohol evaluation could be required.
Lewd And Lascivious Behavior
California law prohibits lewd and lascivious behavior. This criminal offense includes sexual activity in public, either with another person or by yourself, such as masturbating in public.
A minor found engaging in such activity may be charged with a misdemeanor. A minor found guilty of this criminal offense may be required to undergo psychological counseling as part of their sentence.
Assault With An Alcohol-Cautionary Cause
California law prohibits assault with an alcohol cautionary cause. Assault with an alcohol cautionary cause occurs when an intoxicated person physically contacts another person recklessly and negligently.
Assault with an alcohol cautionary cause is a misdemeanor. A minor found guilty of this criminal offense may be required to attend psychological counseling as part of their sentence.
This criminal offense may also impact your ability to obtain a job in the future. Alcohol testing may be required as a condition of employment.
Murder By Recklessness Or Misconduct While Intoxicated
California law prohibits murder by recklessness or misconduct while intoxicated. Murder by recklessness or misconduct while intoxicated occurs when a person, while intoxicated, engages in conduct that is likely to result in the death of another person.
Murder by recklessness or misconduct while intoxicated is a felony. A minor guilty of this criminal offense may be sentenced to life in state prison. This criminal offense may also impact your ability to obtain a job in the future.
Assessment
ThThe assessment will include a review of the individual’s criminal history, drug and alcohol use history, and mental health history.
The assessment portion of this process will typically involve meeting with a counselor or professional who will ask you questions about your drinking habits, criminal history, and other relevant information. They will use this information to assess your level of alcohol dependence and make recommendations for alcohol treatment assessment.
A court-ordered drug and alcohol assessment must be conducted within 14 days of the date of your arrest. If you fail to comply with this requirement, you may be subject to a fine or jail time.
Evaluation
A substance abuse problem is often diagnosed through a clinical evaluation. This assessment process will include taking into account your medical history, family history, psychological symptoms, and social functioning.
Substance abuse evaluations are typically conducted by licensed psychologists or other mental health professionals.
What Is The Assessment And Evaluation Process?
The assessment and evaluation process is law enforcement’s initial step when someone is suspected of driving under alcohol. This process confirms the suspected BAC (blood alcohol content) levels while also considering the person’s general health.
This helps to determine whether or not you are fit to drive or whether or not you are too intoxicated to operate a vehicle.
During the assessment and evaluation process, you will be required to take a breath or a breathalyzer test, as well as a blood test, so that authorities can confirm your BAC levels. If you fail one or both of these tests, you will be arrested and taken to a medical facility for an Intoxilyzer 8000 test.
When Is An Assessment And Evaluation Required?
In California, an assessment and evaluation are required if you are caught driving under the influence (DUI) and have a BAC level of 0.08% or higher, if you are found driving under the influence of drugs (DUID), or if you are caught driving with a minor in the car who is under the age of 15.
However, if you are suspected of being under the influence of drugs or alcohol while driving a commercial vehicle or if you are found driving unaccompanied by a minor under the age of 15 in the car, the assessment and evaluation process could be required.
Drug evaluations are also required if you are on probation for a DUI offense and are required to enroll in and complete an approved drug treatment program.
The Roadside Breathalyzer Test
If the authorities determine that you are too intoxicated to drive, you will be asked to take a roadside breathalyzer test. This preliminary breath test is used to confirm a person’s BAC level based on their breath.
Suppose the breathalyzer test results show that your BAC level is at or above 0.08%. In that case, you will be issued a citation for driving under the influence of alcohol and given the warning to take an evidential breath test at the police station.
If the roadside breathalyzer test results show that your BAC level is lower than that 0.08%, you must still take an evidential breath test at the police station.
Confirming The Requirements With A Blood Test
If the breathalyzer test at the police station shows that your BAC level is at 0.08% or higher, or if you refuse to take the test, an arresting officer will take a sample of your blood to confirm the results.
However, if you are charged with driving under the influence of drugs, you must take a blood test to confirm the results. Alcohol evaluations and alcohol screening tests may be used to help make the diagnosis of an alcohol use disorder.
Consequences Of Failing The Assessment And Evaluation
If you fail the assessment and evaluation process, you will be arrested and taken to a medical facility to take a blood test or an Intoxilyzer 8000 test. If the results show that your BAC level is 0.08% or higher or that you have drugs in your system, you will be arrested and charged with driving under the influence.
If you have a minor in the car, you will also be charged with child endangerment. Failing the assessment and evaluation process can lead to severe and long-lasting consequences, such as losing your driver’s license, a criminal record, expensive fines, and increased insurance rates.
Conclusion
The assessment and evaluation process works to confirm a person’s BAC level and determine whether they are too intoxicated to drive.
This process may include the person taking a roadside breathalyzer test or a breathalyzer test at the police station. If a person fails the assessment and evaluation process, they will be arrested and taken to a medical facility for a blood test.
Treatment centers are also available to help those struggling with alcohol abuse and addiction if needed or recommended by the evaluators. The consequences of failing the assessment and evaluation process can be severe, but treatment is available to help those struggling with alcohol abuse and addiction.
