DUI in a Highway Construction Zone: Enhanced Penalty
California Vehicle Code §42009 calls for an automatic doubling of the standard DUI financial penalty, or fine, for any DUI committed in a Highway Construction or Maintenance Zone where a restriction or regulation of traffic exists and workers are present.
California Vehicle Code §42009:
Misdemeanor Penalty Enhancement:
Where the DUI offense is committed in a designated highway construction or maintenance zone and is charged as a misdemeanor offense, the fine shall be double the amount prescribed for a DUI with no aggravations committed outside of a specified repair or work area.Infraction Penalty Enhancement:
In a DUI case committed in a California highway maintenance or construction zone which is charged as an infraction, the financial penalty will be charged as one category above what the infraction would have been fined by California traffic punishment guidelines.DUI Construction Zone Violations
a. driving under the influence of alcohol and/or drugsb. causing bodily harm to another resulting from DUI
c. drinking alcohol in a vehicle on a California Highway
d. possessing an open container or alcoholic beverage while driving
e. riding as a passenger with an open container or alcoholic beverage in vehicle
f. driving or riding as a passenger under 21 years of age with an open container or alcoholic beverage in vehicle
g. being the registered owner of a vehicle in which there is an open alcoholic container
The DUI in a Construction or Maintenance Zone penalty is applicable when construction or maintenance work is in progress by highway workers in a an area designated by construction zone traffic control devices and warning signs notifying drivers and passersby of the undergoing work and personnel.
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