Free DUI Lawyer In California

Reader’s Question:

My teenage daughter has been charged with DUI here in California and this is actually already her second arrest. The first charges were actually dropped but we know that it’s not always gonna be the case. If she gets convicted, what are the possible penalties that she could have?

Izza

Anaheim, CA

The penalties for minors (under the age of 21) who are convicted for DUI are stiffer. The State of California strictly implements its zero tolerance law wherein a blood alcohol content (BAC) of 0.01% for a minor would get him/her arrested for DUI. Because of your daughter’s DUI in California, if she gets convicted, her driver’s license would be suspended for a period of one year and this would be before the court penalties would be imposed upon conviction, but she could get a temporary license for 30 days. She is entitled to request for a hearing at the Department of Motor Vehicles (DMV) to see if the evidence would confirm that her BAC has been at least 0.01% at the time of driving.

Since this would still be considered as her first DUI if she gets convicted, she would have a mandatory alcohol education that would be ordered by the court. If she gets enrolled with the program, she could apply for a restricted license that would allow her to drive to and from work and to and from her DUI program classes.

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:

My sister should have known better that having a second DUI offense in California would mean stricter penalties. I just want to know exactly, what are the penalties involved in my sister’s DUI case?

Liz

Central Coast, CA

Driving under influence of alcohol and other intoxicating substances is a serious offense in California. Many people never realize the trouble they will get into with drunk driving. Only after they face a jail sentence and huge penalty that they understand the entire consequence of their actions. Most of them don’t mix drinking and driving ever again.

However, there are some people who tend to disregard the rules, laws and law enforcement officers again. For a second DUI offense in California, the fine amount is of course higher than the prior offense. This ranges from 1800 to $2800. Your sister may also lose her driver’s license for a period of 18 months. The license may be restricted or suspended. She cannot drive the vehicle at all in case of suspension. She can drive the vehicle to and from work or educational institution in case of restriction.

It would be compulsory in all the cases to spend at a place that highlights the risks of drunk driving and persuades the driver to avoid the same offense again. Depending on the blood alcohol content in the system, a second DUI offender may even spend 18 months in a DUI school.

The jail term for second DUI offense in California is for 96 hours. But it may be reduced by doing community service.

Reader’s Question:

I have never been charged with DUI because I actually don’t drink and drive. My boyfriend usually does that when he is out with his friends. What are the risks of being charged of DUI here in California?

Jamie

Anaheim, CA

DUI is a criminal offense that we all should take seriously. Law Enforcement Officers, Prosecutors and Judges are not looking out for an individual’s best interests when he/she is charged with DUI. They are actually under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer penalties.

If someone is charged with DUI, or convicted, there are a lot of things that could be at risk. A DUI conviction may mean jail time, a criminal record, loss of driver’s license, possible loss of job, hefty fines, increased insurance rates, required dependency treatment, points against driver’s license, surcharges, etc.

In the state of California, operating a motor vehicle while under the influence of alcohol or controlled substances is against the law. This means that if someone is caught driving under the influence, he/she will face criminal charges that have serious consequences. In worse case scenarios like if the individual has an extreme blood alcohol level or if he/she has prior convictions for this type of offense, the penalties will increase substantially. Because DUI may take away an individual’s freedom, his/her driving privileges, and his/her good reputation, if your boyfriend will be charged with DUI, he needs to contact a California DUI lawyer immediately after the arrest.

Reader’s Question:

A friend of mine was charged with DUI here in Burbank, California. I have done several researches about fines and other penalties a DUI offender might get for his first offense. What I need to know more is the probation involved. How long would be the probationary period for people convicted with DUI?

Bea

Burbank, CA

Penalties are designed to prevent offenders from committing the same offense again. The effect for any mistake is a punishment. Because of the potential consequences of injuries and deaths that may result from DUI offenses, the punishment for them are harsher.

The punishments are decided according to the different factors involved when DUI was committed and the number of times the DUI offense is committed. The type of punishment involves a combination of penalties such as fines, license revocation, court probation, attendance in DUI school and jail term.

Since your friend was charged with DUI in Burbank, California, if he will be convicted, the court probation period is for three to five years in which he has to avoid drinking and driving. The DUI offender does not need to report to a formal court officer. The fines are either paid in full or in installments. The driver’s license is nullified for a period of 6 months. The Department of Motor Vehicles (DMV) has the authority to issue restricted license to travel to school or work. Moreover, the DUI offender may have to attend a DUI school to attend alcohol and drug rehabilitation programs for a period of 12 to 45 hours depending on the level of alcohol concentration in the blood. In California, laws require mandatory jail of 48 hours this may be converted to community service.

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:

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.

When you come up with your fee agreement with your San Francisco California DWI lawyer, there will usually be a section in there which concerns what your responsibilities concerning the case are. In this area, you will usually find that you are responsible for providing any information you receive about the case, as well as what you know about the events and how they happened, and any evidence you know. The evidence is key, because certain kinds of evidence can have a big impact on your chances. Here are the kinds of evidence you should consider.

First of all, remember that you have the right to remain silent, so whenever you are pulled over pretty much the only information you have to give is your license, registration, and insurance–and this applies to any case, not just drunk driving. However, if the officer asked you how many beers you had drunk, and you replied with something more than “just one”, then you’re lawyer will have a tough time.

For those who choose not to make this revelation, there may be other ways of guessing you are drunk. For example, your driving can indicate that you aren’t in your right mind, as can your appearance and your voice. They will subject you to a couple of tests, like walking in a line, and in some cases they will give you a blood test when they arrive with you at the station.

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