Reader’s Question:

How long do I have to carry an SR-22 insurance in El Cajon California, for a DUI conviction?

Joe

El Cajon, CA

After a DUI conviction normally in California one must file and carry an SR-22 for a period of three years. The amount of time the El Cajon California SR22 must be maintained by a driver may vary depending upon their conviction and if there were other issues surrounding in the case, such as driving uninsured.

If you are required to carry an SR22 insurance due to a DUI in CA you may contact the California Department of Motor Vehicles to know exactly how long you are required to maintain it.

If you had been convicted of driving under the influence of drugs and/or alcohol (DUI) you would have to go through the following steps to have license reinstated:

• Complete a mandatory suspension period.
• Pay to DMV a reissue fee .
• File Proof of Financial Responsibility SR 22
• File a Notice of Completion Certificate (DL 101)
• Pay fines to the court.

Tags: auto insurance, drunk driving insurance, DUI, sr22 insurance

Reader’s Question:

If my drivers license was suspended for two DUIs in the state of Michigan can I obtain a drivers license in LA California?

Dan

Los Angeles, CA

although the state of Michigan is not a member of the DLC your suspended license will be listed in the National Driver Register (NDR) which Los Angeles California will verify before allowing you to get a license in CA.

The Drivers License Compact (DLC) is a reciprocal agreement that many states within the US are members of and requires the member states to forward the licensing state of a driver when he or she is convicted of a certain traffic violation. The licensing state then can know if the violation is put on the individual’s driving record, if points are applied, etc. The National Drivers Register is used by all US states, so both California and Michigan do have access to it.

When applying for a driver’s license in Los Angeles California the California DMV will verify the NDR. This database will then notify the Department of Motor Vehicle to any action against your driver’s license in other state(s). Once they aware that your drivers license is revoked in MI due to the two DUIs you will be unable to receive a CA driver’s license. To obtain a license in California you will first need to take care of your suspension or revocation in Michigan. If you are able to have your drivers license reinstated in MI then CA should be able to see this on your NDR listing and grant you a drivers license.

Tags: DUI, traffic violation

Reader’s Question:

I have a friend who was charged for DUI here in Chino Hills, California and I guess his number one problem is getting a DUI lawyer because he thinks he can’t afford it. What can a lawyer do for him and how much will it cost him to get a DUI lawyer?

Larissa

Chino Hills, CA

A DUI lawyer who is dedicated to aggressively representing his client in court will sure to undertake a great deal of work well before the actual court date. Your friend can ask his potential DUI lawyer to describe in detail what the DUI lawyer will do for him for his DUI case in Chino Hills, California. If the DUI lawyer could not rattle off a mind-numbing list of tasks off the top of his/her head, he/she is probably not doing those things. But let me tell you now that a good DUI lawyer would definitely look at every aspect of your friend’s DUI case from the stop, detention and arrest, and look at the possible flaws that your friend can use on his defense.

Each law firm actually sets their own fees and they vary widely based on several factors, which are both relevant and irrelevant. Some lawyers do charge as little as $250 but others charge as much as $10,000 for first DUI offense. But your friend can find a DUI lawyer who charges $4,200 for first offense for a case with a low blood alcohol content. Don’t be lured to a big law firm that will charge your friend an initial consultation fee because he can definitely find one who will have the initial consultation for free.

Tags: blood alcohol content, DUI, DUI lawyer, DUI lawyer cost

Reader’s Question:

I’m afraid I may just be caught drunk driving here in West Covina, California because I don’t have anyone to drive me home everytime I go out to have some drink. Anyways, my question is, is it true that I can refuse to take the handheld breath test if I am stopped for DUI?

Rebecca

West Covina, CA

Before I go and answer your question, let me just tell you that you can definitely avoid to be caught drunk driving in West Covina, California. The safest way to do that is not to drink at all, but if you really can’t avoid it and you don’t have anyone to drive you home, you can take a cab to get home safe and sound and avoiding a criminal charge. Now, to answer your question, yes you can refuse the handheld breath test if you are stopped for DUI. Unless you are under 21 years old, submission to the Preliminary Alcohol Screening (PAS) is not legally required.

A lot of police agencies are now using the roadside hand held breath-testing device, PAS or more recently, Evidential Portable Alcohol System (EPAS) as an additional field sobriety test (FST). These devices are supposed to give a very rough indication of the driver’s blood alcohol concentration. The PAS units are very unreliable and primitive and are supposed to be used only to aid the officer in making a decision after he has given the other FST’s. But unfortunately, a lot of judges are permitting the results into evidence at DUI trial.

Tags: breath test, DUI, DUI lawyer, DUI trial, field sobriety tests

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in Castro Valley, California. He told me that he was given a pink paper or something, what is this?

Elbert

Castro Valley, CA

During your brother’s DUI arrest in Castro Valley, California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Tags: DMV, driver’s license, DUI, DUI lawyer, DUI trial

Reader’s Question:

I’m doing a little online search for SR22 auto insurance because of my DUI charge here in Yorba Linda, California and I kinda need a little help. Aside from the price, what are the factors that I need to consider when purchasing SR22 auto insurance?

Harvey

Yorba Linda, CA

Because of your DUI charge in Yorba Linda, California, you are required to maintain a high risk auto insurance policy that is referred to as the SR22 auto insurance. This form is being filed through the Department of Motor Vehicles (DMV) and it can be filed on your behalf by your insurance company either online or in person. If you would want to get your high risk insurance policy established quickly in order to restore your driving privileges, then you might want to file the SR22 auto insurance form online since you are already doing an online search for SR22 auto insurance.

When choosing your high risk auto insurance provider, you might want to look at different factors aside from the price of the insurance policy. The important factors to consider are the availability of policies in your geographical area, the type of insurance company you’re dealing with, cancellation and suspension guidelines and coverage offered for the SR22 auto insurance. Get a free online rate quote now from a great insurance company for your SR22 auto insurance needs.

Tags: drunk driving insurance, DUI, DUI lawyer, SR22 insurance

Reader’s Question:

We badly need help in my sister’s DUI case here in East Contra Costa, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?

Mac

East Contra Costa, CA

You and your family might be going through a tough time right now because of your sister’s DUI charge in East Contra Costa, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.

Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.

Tags: DUI, DUI lawyer, DUI penalties, DUI school, ignition interlock device

Reader’s Question:

I was told that after being arrested for DUI in Diamond Bar, California, I would also have a civil case. What is this civil case and what does it have to do with my arrest for DUI?

BJ

Diamond Bar, CA

Aside from the criminal court trial in your DUI case in Diamond Bar, California, there would also be a civil case. This would be the administrative law case and it would be heard before the Department of Motor Vehicles (DMV). The administrative hearing has something to do with your driver’s license as this hearing before a DMV officer would determine whether you can keep your driving privileges or not. You should request for this hearing with the DMV within 10 days of the arrest.

You might be confused right now and you probably don’t understand that these are separate cases. It would be possible to win the administrative case with the DMV and loose the DUI criminal court case and on the other hand, it would also be possible to win the DUI criminal case and loose the administrative case with the DMV. But at times, the evidence collected for the administrative hearing could be used to get a reduction of charges in the criminal case.

Tags: driver’s license, DUI, DUI lawyer, DUI penalties

Reader’s Question:

My teenage daughter has been charged with DUI here in Central Contra Costa, 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
Central Contra Costa, 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 Central Contra Costa, 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.

Tags: DUI, DUI lawyer, DUI penalties, teen DUI, underage DUI

Reader’s Question:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in Carson, California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer