DUI In California

Reader’s Question:

What do you think is the first thing that my sister should do after being arrested for DUI here in California? We are all laying out things we would have to do to help her out.

Quentin

Anaheim, CA

After having arrested for driving under the influence can be a life altering experience. A lot of people are not sure of what to expect when they find themselves faced with DUI charged. DUI offenders are most often unprepared that’s why they easily make mistakes that can cause them money, time and even their freedom. The fact that we have to face is that most people are actually not familiar with California DUI law and do not have the legal experience to avoid critical mistakes.

Since your sister has been arrested or charged with DUI in Anaheim, California, the first thing that she should do now is to contact an experienced DUI attorney. The DUI attorney would provide her with valuable information and advice to protect her long-term interests from the very beginning of the legal process. A DUI attorney can do many things for their clients that their clients cannot do for themselves.

Reader’s Question:

My cousin from Nevada was charged with DUI here in Berkeley, California and his out-of-state license was confiscated by the police officer. Is there a different DUI case process for out-of-state drivers? How can he get his home state license and will Nevada know if he will be convicted for DUI?

Valentin

Berkeley, CA

For people or drivers who are out of state visiting the state of California, DUI laws remain the same. If an out of state driver is arrested for DUI, that person will go through a similar criminal DUI process just like an in-state driver does. The process began when your cousin was arrested and the police officer confiscated his driver’s license. Since his license was confiscated, he was issued a temporary license that is valid for 30 days. He must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his arrest. If he fails to schedule a meeting with the DMV, it could result to automatic suspension of his California driving privileges.

If your cousin will be convicted for his DUI charge in Berkeley, California, the state of Nevada will know about this. There is an Interstate Driver’s License Compact (IDLC) which is an agreement between 45 states to communicate about driving-related crimes which include DUI crimes. The states of California and Nevada are part of this agreement so California will notify your cousin’s home state of his non-residential DUI conviction.

Reader’s Question:

Back in March, I heard about this new DUI legislation that the Governor of California announced here in Santa Ana, California. I know it was about the accidents caused by driving under the influence. Could you recount to me the details of this new legislation?

Harris

Santa Ana, CA

Many states are now establishing extreme DUI laws to repel drivers who cause most injuries and deaths. California Governor Arnold Schwarzenegger signed off a new DUI legislation which was announced back in March of this year in Santa Ana, California. This new DUI legislation is meant to toughen DUI laws. It was named for Steve Ambriz, an Orange County Councilman who was struck and killed in a DUI crash in 2006. The new legislation will require all motorists renewing or obtaining a driver’s license to sign a statement that says they understand that it is dangerous to drive a vehicle while under the influence of drugs and/or alcohol. The statement also says that motorists understand they could be charged with murder if they are found responsible for a DUI accident.

The new legislation would toughen DUI laws in California as it would make it easier for prosecutors to pursue second-degree murder charges against those who drive under the influence and cause a fatal accident. Tougher laws are meant to catch violators and put them behind bars.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?

Sandy

San Diego, CA

You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.

If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.

Reader’s Question:

I have heard many times that a DUI record can be cleared. I have a DUI conviction here in Hayward, California and seems like I would have to carry that all my life. But I was brought back to life when I found out that it can be erased. How can I do that and who are eligible for this?

Ethan

Hayward, CA

You can clear your DUI record in Hayward, California by means of expungement. Expungement, sometimes referred to as DUI expunction, is the process of sealing, removing or clearing a DUI related offense from your records after conviction. This is considered as the only form of post conviction relief offered for DUI convictions. Depending on the expungement order, that could mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record.

Not everyone is eligible for expungement even if the state of California allows it. Expungement, in most case, is reserved for first offenders with legitimate reasons to expunge their records who also file the necessary paperwork and pay the associated fees. Therefore, it is not considered as a right, rather a privilege granted by the government. In general the people who are eligible for expungement are those who have never served time in state prison. They should also be first-time offenders, have no pending criminal cases and felony convictions.

Reader’s Question:

There are a lot of things that I want to know about DUI because I know someone who just got arrested for DUI in Fresno, California. I haven’t actually gotten caught drunk driving though I drink and drive at times. But just in case I get arrested, what should I say when a police officer asks if I have been drinking and do I have the right to an attorney after being stopped by a police officer?

Isabella

Fresno, CA

You must have been lucky if you do drink and drive and you haven’t been caught drunk driving in Long Beach, California. Anyway, there is not really a right or wrong answer to a police officer’s question if you have been drinking. Just so long as you don’t say, ’six beers and four tequila shots, officer.’ Seriously though, you are actually not required to answer potentially incriminating questions. The best answer to that is ‘I would like to speak with my lawyer before answering those questions.’ However, if you just say you ‘had a couple beers or a glass of wine that is not enough to cause intoxication,’ is not incriminating and can help explain the smell of alcohol on your breath.

Regarding your question if you have the right to an attorney after being stopped by a police officer, the short answer is no. Anyone asked by a police officer to pull over because of a DUI suspicion does not have the right to an attorney until you have been arrested. Though you can, and still ask for one.

Reader’s Question:

I have a DUI conviction in Fresno, California and luckily, my insurance company was able to give me coverage. But I’m just curious, what could be the reasons that an insurance company would not provide insurance for me anymore and how long do I have to carry the SR22 insurance?

Derek

Fresno, CA

Because of your DUI conviction in Fresno, California, you would have to carry the SR22 car insurance for a minimum of three years. This is a type of car insurance required by the California Department of Motor Vehicles (DMV) and the courts for drivers after a DUI-related offense. The SR22 form serves as an agreement between the DMV and your SR22 provider that requires the insurance company to immediately notify the DMV if the insurance company is no longer providing insurance for the driver anymore.

One of the reasons why an insurance company may not be able to provide insurance anymore is because of a lapse in coverage. Your SR22 insurance could lapse due to missing a payment or being late making a payment. The other reason could be a termination of your coverage. If your insurance company decides that you are too high of a risk due to maybe another accident or and/or DUI offense. One other reason is that if you switch SR22 providers. Even if you switch provider for your SR22 insurance, your insurance company is still required to file a Notice of Cancellation of California Insurance Proof Certificate.

Reader’s Question:

My son has just been charged with DUI here in California. We are still deciding whether or not we will hire a DUI lawyer. But we want to know, how can a DUI lawyer help my son on his case?

Ralph

Garden Grove, CA

One important thing that anyone arrested for DUI should keep in mind is to hire the services of a DUI lawyer. Since your son was charged with DUI in Garden Grove, California, he needs to get a DUI lawyer to help him defend his case.

Your son will have two different cases: the administrative case and the criminal case. During both his administrative and criminal hearings, a DUI lawyer can defend him based on witness testimony, chemical testing results, and other admissible information. The DUI lawyer may be able to save his license from administrative consequences and having a skilled DUI lawyer on his side is his best chance for winning his DUI case and not having to face the serious penalties associated with DUI in the state of California. If your son will be convicted of the charges against him, the DUI lawyer can speak on his behalf and request that the court show leniency in sentencing based on your son’s specific circumstances. The penalties for being convicted for DUI vary based on a number of factors including prior convictions, any injuries or property damage caused by DUI and other circumstances.

Reader’s Question:

It would seem fortunate that even though I have risked drunk driving so many times, I have never been caught by a police officer here in California. I try so much not to do it but it seems unavoidable and maybe I would still keep on doing it until I get caught. If I will be stopped for a DUI suspicion, what are the things that I would have to keep in mind?

Marty

East San Gabriel Valley, CA

If you get arrested for DUI in California, the worst thing you can do is aggravate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

You have to keep in mind that you should discuss your case with the arresting officer and limit the information you give to what is necessary. This would include your name, permanent address, birthday, etc. Don’t answer any questions related to the arrest and don’t tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have to exercise your right so remember that you have the right to speak to an attorney before you say anything to the police.

Stay calm and don’t resist even if you think you are innocent because everything that you say or do can be used against you. Don’t attempt to run and always keep your hands where the arresting officer can see them. Contrary to popular belief, you can actually refuse to take any chemical test (blood alcohol content or BAC test) until you have spoken to your attorney. You also have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

Reader’s Question:

My brother was charged with DUI here in California. He fully understands that he needs to seek help from a lawyer. Can we get a general practitioner or does it have to be a DUI specialist? How can we choose the best lawyer who would represent my brother in court?

Laura

Chula Vista, CA

Not all California DUI defense lawyers are the same. Some might be able to defend your brother and tilt law to his favor. Others might just drain your brother’s resources and might not be able to keep him from going to jail. His life and his future will depend entirely on how well he is represented, so your brother would have to choose his lawyer carefully.

You have to remember that DUI laws require a special attention because DUI defense is an extremely complex and specialized field. It will not be a good idea to hire a ‘generalist’ lawyer because it would be like hiring a dental hygienist to perform oral surgery. See if a big percentage of the lawyer’s cases are DUI related or if he/she is a specialist in DUI. This is the only way for your brother to determine that he is dealing with a professional.

You can also check the attorney’s rank through the Martindale-Hubbell International Directory of Attorneys and you must also check the California DUI lawyer’s general background. You must certainly give more credit to DUI lawyers who are Board-certified members of the National College for DUI Defense because this reaffirms their expertise in the DUI field.