Free DUI Lawyer In California

Reader’s Question:

I’ve been told that I should get an Umbrella Policy for my car here in California. What is it and why do I need it?

Marion

Anaheim, CA

There are lost of benefits for choosing to get an Umbrella Insurance Policy. First, Umbrella Insurance is another type of additional insurance option where you can get a relatively large amount of financial coverage in case you are sued and is obligated to pay for compensation for causing a car accident. Surprisingly, you actually only have to pay a small amount in terms of monthly or regular premiums for this type of coverage but the amount of coverage you can get can reach up to a million to a couple of million dollars in total liability protection.

In the event of a claim filed against you in an accident, the only time an Umbrella Insurance Policy will take effect is once the regular liability coverage limits stated under your policy has been exhausted and is still not enough to cover for the whole monetary obligation you are required to pay for in damages or liabilities. Umbrella Policy will take care of the rest. It may be interesting to note that the state minimum liability amounts there in California is pegged at 15/30/5, that’s $15,000 total minimum for payment per injured person per accident, $30,000 total minimum limit for payment liability for all injured individuals per accident and $5,000 to cover for property damages. As you can imagine, car accident costs can amount to much larger sums hence the practicality of an Umbrella Policy.

Reader’s Question:

I was told that after being arrested for DUI in Anaheim, 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

Anaheim, CA

Aside from the criminal court trial in your DUI case in 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.

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:

My brother was arrested for DUI sometime last week here in California. We believe that he was arrested at an illegal roadblock. Can the evidence be excluded because of an illegal search? If so, how can the evidence be excluded from the case?

Macey

Anaheim, CA

Motion to suppress could be an extremely valuable tool in your brother’s DUI case. Some potentially harmful evidence could be excluded when a motion to suppress is successful, therefore weakening the prosecutor’s case. Suppressible evidence is evidence secured by illegal means and in bad faith and it cannot be introduced in a criminal trial.

If your brother was arrested for DUI suspicion in Anaheim, California but at an illegal roadblock, the evidence against your brother, including field sobriety tests and chemical tests, may be excluded, even if the evidence shows that he was indeed intoxicated above the legal limit. The evidence could be excluded by filing a motion to suppress. This is a formal and written request to the judge for the evidence be excluded from consideration by the judge or jury at trial. Your brother’s DUI lawyer can certainly look into this and file a complaint that the police procedures in the DUI arrest violated your brother’s Fourth Amendment right to be free from unreasonable searches and seizures.

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:

Do you know if there’s a difference between the traffic school fee I paid to the court when I was charged a DWI offense and the fees for online traffic school registration? Why is that I have to pay again when I tried to take a course online? Also, if my county required me to take the final exam somewhere, how do I know where to go?

Jim

Anaheim, CA

Thanks Jim for your question. Yes, there is a difference between the fee that you paid in your court for your DWI conviction and the fee that is being asked when you take a traffic course online. The court’s “traffic school” fee is actually only an administrative fee, so it does not cover the cost of your tuition for the online traffic school course. Online traffic school programs are not run by the courts but is privately owned and operated. They have their own fees separate from the court’s fees. Usually, the fee for online traffic school course is just minimal and cheaper than having to attend a standard course in a classroom. Not only it can consume most of your time, it can also be inconvenient.

As for your other inquiry, most counties in California do not require you to go anywhere to accomplish your Final Exam. You may have the option to take your Final Exam online at home or at work or anywhere with a use of computer that has Internet. However, there are a few counties in California that requires you to take your Final Exam in an “Approved Testing Location”. So it will best to go to your county and find out if they require you to take your Final Exam at an Approved Testing Location.

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.

While I am of the opinion that you should be hiring an CA DUI lawyer in any kind of circumstance, I must admit that some people have fewer options and so, unless they are provided with a public defender, then they must rank their circumstances to see whether a DUI lawyer is absolutely necessary for them, because there are some cases where you are basically out of luck without a lawyer, whereas there are others where you can squeeze by without them.

• You might get by without hiring an CA DUI lawyer if…

Being convicted criminally for the DUI could impede your chances of getting hired at a job, or if the job you currently hold requires bonding, or if the conviction could get you fired. You need someone who can explain the ins and outs of DUI law to you.

• You probably won’t get by without hiring an CA DUI lawyer if…

This is DUI charge number two for you. You had twice the normal blood alcohol level when pulled over. A minor was with you.

• You don’t have a chance without a DUI lawyer if…

This is DUI charge number three or above for you. Your DUI charge is the result of a serious accident. You are someone whose job requires driving, such as a taxi driver.