Reader’s Question:

How many drinks does it take to have a 0.080 alcohol concentration and what must I do to avoid a DWI in California?

Payton

Bakersfield, CA

How many drinks do you need to have a 0.08 alcohol level in your blood? Well Payton, to tell you frankly, the response to your question is not pretty as clear cut as you may imagine. Alcohol is a very toxic substance. The moment you place alcohol into your bodily system, your body will begin to get rid of it. Alcohol levels will only go up when you drink further alcohol or at a more rapidly rate than your body can do away with it. The most excellent response is by exemplar. If a common one hundred fifty pound man drinks four typical beers in sixty minutes, his alcohol level at the end of the sixty minutes would be 0.080. This is the identical whether the drink is a twelve ounce beer, four ounce of wine or one ounce of 80 proof whiskey. This evaluation will differ from person to person and has many other factors that have an effect on it.

For your next question on how to avoid DWI in California, the best advice I can give you is not to drink and drive. If you are planning to drink, drink sensibly or plan a ride if you are not. If you will border your drinking to one drink per hour, you ought to be fine.

Reader’s Question:

My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?

Mark

San Diego, CA

The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.

If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.

The more common cases are as follows:
-The motorist was driving above 20 or 30 miles above the speed limit
-A child was present in the car or vehicle.
-There was a personal injury or property damage.
-The driver refused any chemical testing.
-The driver’s BAC (blood-alcohol concentration) was over .20%
-The driver is under 21 years old. (Zero tolerance laws in the state of California usually charge the suspect with a much longer license suspension and require a lower BAC.)

I hope I was able to make clear to you what sentence enhancement is.

Reader’s Question:

My boyfriend was recently charged with DUI here in Pasadena California. They say that breathalyzer does not give an accurate readings all the time. If I will be pulled over for a DUI suspicion, do I have a choice in the matter of taking a chemical test?

Angelina

Pasadena, CA

In the state of California, the two most commonly administered chemical tests are blood and breath tests. Although that accuracy of the breath test is being challenged by many scientists because of may determinant factors. If breath and blood samples are unavailable, or if the arresting officer is suspicious of drug use, a urine test can be taken. A significant fact that many officers fail to inform the suspect is the option to have a blood test taken after the breath test. The reason for this is that the breath test sample will not be available for the defense later on.

Among these three chemical tests, blood samples are typically the most precise. The technology used for breath tests are notorious for errors and flaws that cause unreliable test results. The least trustworthy of the three is urinalysis.

Reader’s Question:

My son was arrested for DUI in California for the 2nd time and I am determined to do anything to keep him out of jail. My main concern is the fees for legal representation. How much does it cost to get a lawyer who would defend my son?

Christine

Oakland, CA

The cost of a DUI lawyer in California will differ much between the amount of experience, the reputation, and the location of their practice. It is usually true that the more experienced and bigger the city is, the higher the costs of the lawyer.

The fees range from $500 to $15,000 or more, of course, all depending on the details of the lawyer and the case. If a lawyer is located in a smaller, less populated community, the charge could be $500 to $1000. Generally, an experienced DUI lawyer in California with a good reputation charges $5000 to $8000. Although this fee does include the DMV license hearing.

The overall fee also varies by few other factors such as:
-Expenses like service of subpoenas, independent blood analysis, expert witness fees, and other such evidence might be extra.
-Administrative license suspension procedures can also be included as extra fees.
-If the offense is a felony or simply a misdemeanor can affect the charges.
-If your son has been allegedly convicted of previous crimes, the additional procedures involved in taking care of these charges may have extra fees.

The lawyer may request a retainer in advance or or just charge a fixed fee, which includes all expenses. You may ask for a written agreement that will document all fees. It is very significant that you follow all of the terms the lawyer requests of you before you make any decisions.

Reader’s Question:

My auto insurance company does not provide insurance for me anymore because of lapse in the coverage. I have already missed several payments. I have a DUI conviction in California and I’m seriously in need of an insurance company which will cover my SR22 insurance policy. Who will provide my SR22 now?

Ronald

Sacramento, CA

A California SR22 insurance policy is a type of car insurance policy required for California drivers by the California Department of Motor Vehicles and the courts after DUI related offense. In the state of California, it is required for a minimum of 3 years after a drunk driving conviction.

The SR22 insurance policy serves as an agreement between the CA DMV and the SR22 provider that requires the insurance company to immediately notify the CA DMV should the insurance company not be providing insurance for the driver anymore.

Most likely, the larger national auto insurance companies don’t do SR22 policies for two main reasons. First is that they don’t like to assume the risk that ‘high risk’ policies involve. Second is that they don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 insurance policies. The only other option left for you now is that you would have to seek out smaller companies and insurance brokers who specialize in this type of insurance.

Reader’s Question:

I got convicted for DUI in New Jersey in February 2005. I now live in San Diego, CA. How long will that DUI remain on my driving record and affect my insurance rates here in California?

Tori

San Diego, CA

With respect to your permanent NJ DMV driving record, your DUI conviction will remain permanent. You should check with the CA Department of Motor Vehicles to find out if they have placed this DUI or any other offenses that were previously on your NJ record on your new California driver’s history.

California has a new law effective January 1, 2007 which extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Under this new law, you may not qualify for a good driver discount again until 10 years from you DUI violation.

A DUI may have been considered by an insurance company for premium surcharges for a period of seven years up until 2007. However, it can be considered in California for 10 years.

You may want to contact the California Department of Insurance, which is the insurance regulator for CA, since your DUI was out of state for you to be able to find out how long an insurance company in CA can rate you on your NJ DUI from 2005.

It is better to contact your insurance agent if you have any additional questions on your insurance premiums.

Reader’s Question:

Is there anyway to reduce the years for DUI penalty in California? How long will a DUI stay on my record?

Dexter

Bakersfield, CA

Effective January 1, 2007, any CA DUI offense on your record will appear for 10 years from the violation date. The new law extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. According to the new law, drivers with DUI occurring within the past 10 years are not entitled to receive a good driver discount.

DUI offense that occurred more than 10 years ago will no longer appear on your public driving record. At then end of the 10-year reporting window, it will automatically be taken off.

As to the reduction of the penalty for traffic violations in CA, the law stipulates various offense penalties according to the circumstances of your DUI and non-DUI violations. For more accurate information, contact the court found on your ticket issued

Reader’s Question:

I’m so scared because this is the first time that I was charged with DUI. I need help as to what consequences I will be facing for having this violation in the State of California? Should I get a lawyer?

Renee

Los, Angeles, CA

First, let me educate you that drinking and driving are two things that should never be combined. Everyone should be practicing not to drive drunk. There are a lot of consequences you may be facing with your drunk driving charge in California. Here are some facts about drinking and driving laws in California.

You may be charged with one of two things if you get an California DUI:

First statue is that an officer can arrest you if he determines you are impaired due to alcohol or drugs. The 2nd statue you can be charged on is your BAC or blood alcohol content. Some consequences of a California DUI may include, but are not limited to fines of up to $1300, jail time, offender school, work programs and probation of up to 5 years.

But be scared no more. A good DUI lawyer in California can definitely get you out of trouble.

Reader Question

Living a life here at San Francisco, California comes with a price. Engaging with the top executives of companies and establishments led to a much needed socializing that involves alcoholic beverages, which of course I can’t say no to it. This has taken its toll, and has led to my first DUI conviction.

A lot is at stake here, my career, my family and eventually my social status. It can ruin the life that I had before such conviction. I had heard of expunging a DUI conviction and somebody told me that it can solve my problem and that I can regain the life that I had before. Is there such thing as expungement?

Edward, San Francisco CA

Edward,

You got same questions from most of first offenders of DUI or even those who are convicted of DUI more than once. In the state of California, like other states in the US do allow you to expunge record of DUI conviction.

What expungement does, it seals your DUI conviction. All you need to do is to file a petition in court asking to expunge your DUI conviction record. The court will replace your plea into not guilty and then eventually dismisses your case. The effect of which is that when you are going to apply for another job that you want, there is no need to disclose any information pertaining to your DUI conviction.

To make it easier for you, try to contact an expungement lawyer who will do the hassle of filing a petition in court to expunge your DUI conviction.

If you’re going to get a fee agreement with your Fresno DUI attorney in CA–and you absolutely have to–then you probably might not be completely clear on what it is. If you are going to have a fee agreement written up, which is something that should happen in your first consultation, then you will need to know a few questions so that you can ask them and guide the drafting of your agreement.

• Services. Your fee agreement should have a list and description of everything that your Fresno DUI attorney in CA will do for you, or will be able to do.
• Your end. There will also be a list of what you have to do to keep the lawyer-client partnership up and your case going.
• Interests and extra charges. There should be a break down of the individual charges which will be part of the fee, and also an explanation of how they can change. And, of course, you should know how you will pay in a payment plan and the interest rate you will pay at.
• Ask your Fresno DUI attorney in CA what is in your power to do to make sure you keep your case as inexpensive as possible.

Most of all, you shouldn’t forget that the fee agreement that you are being given isn’t completely certain most of the time. It’s your first consultation and more information will likely be needed, and things change. It’s an estimate, but it should give you an idea of the range you are dealing with.