I almost got caught drunk driving last week here in California and when I told my friends about it, one of them told me to add SR22 in my car insurance. There are many hat I can’t understand just like what is SR22? Why do I have to include it in my car insurance and how does it work?

Cole

San Diego, CA

Many people have been wondering why someone who usually goes home under the influence of alcohol or drunk should need a SR22. SR22 is a document given out by your Insurance Company in which you are assured that the California Department of Motor Vehicles has given you the required minimum liability coverage.

If a driver has gotten his/her license suspended, the driver is required to get a SR22 Filing to restore the drivers’ license. Drunk driving is not the only reason for your license to be suspended but also unpaid traffic tickets and parking violations. In order for a driver to get an SR22, they should get the minimum liability coverage to all of their cars. You have three years for SR22 Filing but this depends on how harsh your situation is. With regards to your driver’s license, you have to call Department of Motor Vehicle to know when it is going to be restored and how much would it cost you. The Car Insurance Company will be able to get you how much would your SR22 and your car insurance upon receiving the report on your driving record. And after calculating and agreeing how much you will have to pay for your SR22 Filing.

How long do I have to carry an SR-22 insurance in 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.

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 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.

I badly need your help because I don’t want to be in jail and I still wanna be able to drive. Is it really necessary for me to hire a DUI attorney after my recent arrest for DUI here in California?

Jane

Bellflower, CA

The solid answer to your question would be yes because experienced DUI attorney could help you understand the DUI charges and all of the issues that are involved. You should take your DUI case in Bellflower, California seriously because if you lose your case, it would require a mandatory jail sentence upon conviction and a driver’s license suspension. After all, you wanna save your freedom and license, don’t you? Having the services of a DUI attorney to defend you could result in the charges being dropped, being reduced to a non-alcohol or non-drug related offense or in some other more favorable outcome to you.

You have to be aware that there are several different types of DUI offenses and prior DUI convictions could substantially increase the penalties. There would also be two separate legal proceedings involved in a DUI case; one involves a criminal case and the other one would be a civil administrative case with the Department of Motor Vehicles. As a result, it would be very important that you understand California DUI laws and receive a favorable outcome the first time you are arrested, and know the things you can do to avoid or minimize the damage on your DUI offense as well as avoiding future DUI arrests.

Field sobriety tests on DUI suspects are so popular that they sometimes show it on TV as bloopers. But seriously, why are these tests called divided attention tests and is there an incidence here in Antioch, California that a person who was really drunk has passed more than one of the field sobriety tests?

Cain

Antioch, CA

Field sobriety tests (FST’s) are categorized as standardized and non-standardized. Standardized FST’s are those commonly used by police officers in a DUI investigation and are approved by the National Highway Traffic and Safety Administration. As we may all understand, standardized FST’s are psychophysical tests that require assessment of a DUI suspect’s appearance and condition, ability to follow instructions, as well as balance and coordination. These tests are often called Divided Attention Tests because they require the DUI suspect to concentrate on more than one thing at a time. He/she would have a divided attention between mental and physical tasks.

There may be an incidence already in Antioch, California that a person who was really drunk has passed more than one of the standardized FST’s but according to studies, a person who is under the influence of alcohol may perform one of the standardized FST’s but rarely more than one. If a person is under the influence of alcohol, he/she is likely to make certain predictable mistakes while attempting to do the FST’s.

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.

I am facing serious problems now with two of my sons. The younger one, who is 19 years old, was charged with DUI after consuming alcohol and being involved in a fatal accident. I’ve been arguing with the authorities because they also want to press charges against my older son who is 24 years old for providing alcohol to his younger brother. They said that he was identified by a witness and by surveillance tapes from the liquor store. Can they actually charge my older son because of that?

Janet

Fremont, CA

Your question is very interesting.
Being arrested for DUI can be so upsetting, and being in a vehicle accident while under the influence of alcohol can be so terrifying. But it can be downright devastating knowing that you caused a fatal DUI crash without even being present at the scene.

If your older son bought alcohol for his brother, he could actually face charges related to a DUI car crash even though he was nowhere near the scene of the fatal DUI accident. There is a section in the California DUI law included that provides specific penalties for adults who provide alcohol to someone who is underage (below 21 years old). The California DUI penalties increase in severity if the minor’s drinking results in death or injury. Your older son could face a $1,000 in fines or up to one year in county jail.

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