Second DUI in five years
While the penalties for a first time DUI are severe, for a second time DUI offense within five years of the first, the penalties are much worse. A second DUI in five years can come with more severe consequences, but it will also have minimum penalties. Driving under the influence is treated very seriously in the court of law, and the penalties are as follows.
Upon being convicted of a DUI, a minimum fine of $500 will be issued. While this is the minimum, the fine could be any amount up to $2,500. The fines will also greatly increase if there is a minor in the vehicle or a high blood alcohol content at the time the DUI is issued.
License suspension or revocation
The driver’s license will be automatically suspended for 60 days starting at the time that they are arrested for the DUI. This is called an administrative suspension. They will be arrested if their BAC is more than .08 or .02 if the driver is under the age of 21, or if they refuse to take a breathalyzer test. When the person is convicted of a DUI, their license will be revoked for three years if they have received their second DUI in five years. They will not be able to apply for a restricted license for at least one year.
A second offense DUI conviction in five years requires a minimum of twenty days in jail. They can be sentenced to a longer prison sentence if it is decided by a judge. There will be an increased minimum jail time if there is a minor in the vehicle or the driver had a high BAC.
The driver convicted of their second DUI in five years will be required to have an ignition interlock in any vehicle that they intend to drive on a restricted license. The driver must keep the ignition interlock installed in their vehicle for at least six months after their license revocation period has ended in order to be eligible to have their license privileges restored. The driver will receive six points on their license, and their DUI will remain on their license for 11 years. The second time DUI will remain on their criminal record for life. The driver will also be required to enroll in the Virginia Alcohol Safety Action Program. This program has classes every week and performs random drug and alcohol tests.
Those charged with a second DUI in five years can benefit by hiring a Richmond criminal offense attorney. A criminal offense attorney can help lessen your penalties or even get your charges dropped completely.
Although humans have mined asbestos for over four thousand years, it wasn’t until the 20th century that asbestos was rampantly used for its heat and flame resistance by the manufacturing industry. Asbestos’ natural and fibrous texture made it ideal for building materials, brake pads, and other purposes where heat and flame resistance was necessary. However, the use of asbestos drastically fell after the public learned about its severe toxicity to humans in the 1970s. People were shocked to hear that inhalation of asbestos fibers caused severe and sometimes fatal illnesses such as asbestosis (scarring of the lungs), lung cancer, and mesothelioma (a specific deadly form of cancer).
On top of exposure from buildings and in certain jobs, California has a tremendous amount of naturally occurring asbestos or NOA. For example, the California town Coalinga, where asbestos was previously mined and processed heavily, was given Superfund status from the United States Environmental Protection Agency (EPA).
While restrictions on the mining and industrial use of asbestos have certainly helped lower exposure, the mineral still remains in aging buildings, mining sites, and several places throughout the U.S. In addition, those who were exposed years ago are still discovering they’ve suffered asbestos-related conditions that they had no prior knowledge of.
See how a California personal injury attorney can help those affected by Asbestos.
Due to asbestos’ ability to cause serious illness and death, and because it still persists in heavily populated locations, its removal and handling are strictly regulated by both federal and state governments.
A summary of California’s Asbestos Regulations are provided below:
- 8 CCR §1529 (asbestos in construction)
- 8 CCR §5208 (asbestos in general industry)
- 8 CCR §8358 (asbestos in shipyards)
- 8 CCR §341.15 (certification of asbestos consultants and site surveillance technicians)
Asbestos Regulatory Agencies
- U.S. Environmental Protection Agency (USEPA) Develops and enforces regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health (See 42 U.S.C. § 7401 et. seq).
- Occupational Safety and Health Administration (OSHA)
- Cal/OSHA: Asbestos and Carcinogen Unit
Cal/OSHA Asbestos Contractor Registration
Asbestos Removal Regulations
Conditions Triggering Registration Requirements:
- Asbestos-containing construction materials (ACCM)– The work involves any manufactured construction material which contains more than 1/10th of 1% asbestos by weight.
- Asbestos-related work– The activity, by disturbing asbestos-containing construction materials (ACCM), may release asbestos fibers into the air and is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials.
- Size of job– The square footage of ACCM involved must equal or exceed 100 sq. ft. at a single worksite.
Rules for work involving less than 100 sq. ft. of ACCM:
- The employer must send a simple “report of use” to Cal/OSHA. Reports of use are also required for manufacturing and other general industry settings. See 8 CCR Section 5203, the Carcinogen Report of Use Requirements.