Reader’s Question:

I have been charged with DUI, should I contact a DUI lawyer right away? I live in California.

Michelle

Thank you for asking Michelle.

Never assume a DUI charge is just like a ticket, because it is not. A DUI charge can result in a revoked or suspended drivers license and jail time. Some DUI charges may result to additional penalties such as mandatory drug and alcohol counseling or fines.

The result of your case may depend on whether or not you meet the strict deadlines for defending yourself. A California DUI lawyer can provide you with information regarding the deadlines, your options and your rights.You may be able to schedule a free consultation online with a California DUI lawyer to discuss your case and learn about which defenses may be available for you to pursue. All you need to do is to fill out our simple online case evaluation form or call them so they can arrange your appointment and provide legal help right away.

A DUI lawyer in California will discuss to you what this DUI charge may mean to your future. After your free consultation online, you will have enough knowledge to make informed decisions about your case. It is necessary to act as soon as possible, before you miss any important deadlines for defending yourself.

Goodluck!

MariCAR

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Reader’s Question:

Will the judge be upset with me if I hire a DWI lawyer and fight the DWI charges instead of pleading guilty?

Ray

San Diego CA

Thank you for asking Ray.

The California constitution prohibits punishing you for asserting your right to a trial. Despite the constitution, small number of judges do threaten more harsh penalties later for not pleading guilty early. This tactic often works with less experienced lawyers. Other lawyers can call the judge’s bluff, outsmart him or her, or arrange for a different judge to handle the DWI case.

Those judges handling misdemeanors are extremely puffed up with their own importance. The meanest of these judges are often those that have been stuck forever handling traffic tickets and misdemeanors, because their colleagues recognize their intellectual limitations. In addition to that a huge ego with incompetence, and you have a person who replaces hard knowledge with bluster and intimidation. A best lawyer you can get in California is armed with a solid background in the law, and a willingness to challenge this type of judge can often prevail over even the worst of them. After all, isn’t that what you hire the best California DWI lawyer for?

MariCAR

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Reader’s Question:

What possible reasons for my DWI case in California be dismissed?

Paul

San Francisco CA

Thank you for asking Paul.

Dismissal of all DWI charges is a procedure when the defendant plea bargains for a reduced charge, such as alcohol related reckless driving, also known as “wet reckless”. If this happens, all drunk driving charges are dismissed and the client pleads guilty to the freshly added lesser charge.

If a DWI attorney claims that drunk driving charges have often been dismissed for his or her clients, ask if those clients were convicted of anything else instead. A wet reckless for first offenders offense is nearly as bad as a drunk driving offense. This counts as a prior offense if you’re arrested again later, and much of the penalty is the same as for drunk driving. Car Insurance companies know what it is, and will increase premiums accordingly, you will be in assigned risk category. It can still be a good deal for some clients, especially those who already have prior offenses on their driving records. This is because there’s no increased penalty for reckless driving based upon previous convictions of drunk driving. However, you don’t hire a good lawyer to get a wet reckless for a first offense, at least not when you have a good case.

MariCAR

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Reader’s Question:

Hi. My question is, what is an ignition interlock device and when is it required?

Jamie

Los Angeles CA

Thank you for asking Jamie.

The ignition interlock device is an instrument in which, when installed in a motor vehicle, requires the motorist to blow into the device before the engine will start. This instrument detects the presence of alcohol on the driver’s breath and will disable the automobile engine in that event. This is expensive and must be calibrated all the time. The Court can order the device be installed in any car owned or operated by the defendant for up to three years. This will be considered as a possible condition of probation whenever a defendant has a prior conviction, or where a first offender’s breath or blood alcohol reading is over .20 percent. A violation serious enough to warrant such a sanction necessitates the aid of a California DUI defense lawyer.

Additionally, in the event where the licensee has been suspended or revoked for two or more years by the DMV for a second or subsequent violation, the DMV may require proof of installation of the device before granting a restricted license after a year of the suspension has elapsed.

MariCAR

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Reader’s Question:

What does it cost to hire a lawyer for a DUI in Santa Barbara California?

Ben

Santa Barbara CA

Thank you for asking Ben

Fees may differ depending on the law firm or attorney, the facts and seriousness of the case and if the case is settled or tried. But, for a first offense DUI without aggravating factors, fees will generally range from as little as $1000.00 (typically charged by a lawyer with limited experience and no expertise in drunk driving defense (DUI)), to over $5,000.00 (for DUI defense lawyer with extensive experience and a practice devoted exclusively to the defense of Driving Under the Influence (DUI) cases). However, other than considering the cost for DUI lawyers, practitioners dedicated to the art and science of California DUI defense must also be considered and that it is the quality, not the cost, of your legal representation that should be of your greatest concern when retaining a lawyer. Make sure that the decision you make today in choosing Santa Barbara DUI defense lawyers will affect your rights, driving privileges and lifestyle for years to come, in that a Court conviction and DMV suspension due to California Drunk Driving will remain on your Court and DMV records for the next ten years.

MariCAR

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Reader’s Question:

HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?

Richard

Thank you for asking Richard.

In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.

MariCAR

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Reader’s Question:

What are the usual Court penalties for a third offense California DUI?

Olive

Thank you for asking Olive.

The penalties imposed by the court for a California DUI conviction differ considerably depending on different factors like the facts of the case, whether there are any prior convictions for DUI, and the defendant’s individual circumstances. Factors that increase penalties and result in county jail time may include prior convictions, a traffic accident, a high blood or breath alcohol content, excessive speed combined with reckless driving, refusal to submit to a chemical test or the presence of young children in the vehicle. Additionally, penalties can differ from county to county and from court to court. Some counties routinely impose jail time even on a first-time California DUI conviction with none of the referenced aggravating factors.

The maximum penalties include probation, a fine, a 30 month alcohol education program, a two year license suspension and one year in county jail. In addition to the probation, fines and alcohol programs that may be imposed , a third offense conviction mandates minimum county jail time of 120 days up to one year in custody. There can also be a license revocation for three year.

Goodluck!

MariCAR

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Reader’s Question:

What is a “Wet Reckless” in San Diego California?

George.

San Diego CA

Thank you for asking George.

Reckless driving is a misdemeanor in San Diego California and it carries penalties of informal probation, a fine and the possibility of up to 90 days county jail. Depending on the facts, this violation can be negotiated as an alternative to a California DUI conviction in the settlement process. An offense for “wet reckless” and dismissal of DUI charges can be a hard-fought victory and it depends on the circumstances. Your drivers license may also get suspended.

There is a difference between a “dry” and a “wet” reckless. The term “wet” or “dry” denotes if alcohol was involved in the commission of the violation. Typically an offense for a “wet reckless” will require the completion of a 12 to 32 hour alcohol education program, depending on the circumstances. In addition to that, a “wet reckless” is still considered a “prior conviction” for San Diego California DUI charging purposes, so that if an individual is convicted of another DUI in the next 10 years, the penalties will be increased as if the defendant has had a prior conviction for a California DUI. You may speak with an experienced lawyer regarding this to get more information.

Goodluck!

MariCAR

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A drunk driving conviction isn’t something you can come out of easily, which is why it needs to be taken seriously, and part of that taking it seriously includes hiring a California DUI lawyer. Even if you think you can handle your case by yourself to save some money, CA DUI law is actually very complicated, and depending on several different aspects in your case everything could change. Here are some ways a California DUI lawyer could lend you a hand.

  • A lawyer can organize everything you need and take care of filling out all of your paperwork and filing it with the right authorities. They can keep your schedule on time and make sure you have court on the right date’s, keep track of your fees, and so on.
  • A lawyer can help you understand the situation you have landed yourself in. They can walk you through DUI law and explain how it relates to your particular circumstances. They can also help you get the consequences which you may face if they are unsuccessful.
  • A lawyer can be your representation in front of the judge. They know the ins and outs of the court system and DUI law from their experience, and will know the best angle to argue your case from.
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Although a California DWI lawyer can be helpful in many ways, there are times when you must hire one and then there are times when you may have more options. I’m going to present you with several scenarios that you can consider when making your decision about whether or not to hire an attorney.

If you match the following criteria, you absolutely must hire a California DWI lawyer.

  • You should absolutely hire a lawyer if this is the third DWI you have gotten, or if you have gotten more than that. Although punishment is already worse on a second DWI, by the third it starts getting especially severe and you will have a difficult time getting the sentence reduced.
  • You need a lawyer if part of your job requires you to drive and thus you will not be able to earn a living if your driver’s license is suspended or revoked. It’s possible for the lawyer to win you a restricted license.
  • While you were driving under the influence, you got into a car accident, and someone was injured or killed.
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