Back in 2006, I was convicted for DUI in New Jersey and I moved here in California just recently. How long will my DUI in NJ remain on my driving record and influence my auto insurance premiums here in CA?

Garrett

Berkeley, CA

Your DUI conviction in 2006 would be a part of your permanent Department of Motor Vehicles (DMV) driving record. Because you are now residing in California, you have to verify with the California DMV to determine if they have put your DUI or other traffic violations that were part of your New Jersey driving record on your new driving record as a resident of California.

In 2007, the reporting period for DUI violations became 10 years for all public requestors, which include auto insurance carriers. Before that, DUI violations stay on CA driving record for seven years. Under this new legislation, you might not be eligible for a good driver discount again until 10 years after you committed your DUI offense. Before 2007, a DUI may have been weighed up by auto insurance carriers for premium add-ons for seven years but currently, it could be taken into account for 10 years.

Because your DUI offense happened out of state, you can get in touch with the insurance regulator for CA which is the CA Department of Insurance to determine how long an auto insurance provider in CA can consider your DUI conviction in NJ from 2006. You can also get in touch with an auto insurance agent if you have any further questions about your auto insurance costs.

I’m afraid I’ll lose my license after being charged with DUI here in Downey. How can I avoid losing my license and driving privileges after getting a DUI?

Darren

Downey, CA

A DUI charge in Downey, California would have serious consequences and the penalties if convicted often include losing your driver’s license. The state of California would take away your license on the spot after failing the blood alcohol test during a DUI stop or refusing to submit to it. Whatever the situation is in your DUI case, you will need to find good legal representation. A DUI defense lawyer would the law and your rights.

You have to decide what and your DUI lawyer would argue regarding your need to have your license. Depending on the number of prior DUI convictions, a limited or restricted driver’s permit could be issued. This would allow you to drive to and from work, and sometimes to appointments that are absolutely necessary. You would have to confer with your DUI lawyer as to your best approach. You can also ask the lawyer how you could minimize the effect of a DUI conviction so that your future finances and employment will be affected as little as possible. The DUI lawyer can also give you tips on how to deal with your auto insurance after being charged with DUI and especially if you get convicted.

Is pleading guilty to my DUI charge here in Bellflower, California a good option for me? If so, how would I handle a DUI with a guilty plea?

Charlie

Bellflower, CA

Pleading guilty to your DUI charge in Bellflower, California may be a wise choice if you can get the judge to understand that you truly want to work on never getting another DUI charge. Now, if you are already decided to plead guilty, you have to show up in court during your arraignment. When your name is called at the arraignment, you have to tell the prosecutor or judge that you want to plead guilty to your DUI. You also might want to meet with the prosecutor before your arraignment to plead guilty to your DUI charge. This would allow you to privately discuss your options with the prosecutor or assistant prosecutor. By doing this, you can negotiate down your charge in exchange for the guilty plea.

The judge or prosecutor would give you important information about what would be expected of you next, so listen. You would likely be sentenced to a choice of a DUI class or jail time if your DUI is a misdemeanor charge. You have to tell the judge right then and there which one you would choose. In the course of deciding on pleading guilty to your DUI charge, you may also want to get an affordable yet car reliable insurance for you after your DUI so get a free quote now from this website.

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.

I have heard several cases about DUI here in Whittier, California that makes me more curious about it. Question is, what are the possible DUI defenses that can be brought out in a DUI trial that are related to the DUI stop?

Kyla

Whittier, CA

In a DUI case in Whittier, California for example, the prosecution should prove that the person was driving a vehicle while intoxicated in order to be found guilty. You may think that this is very obvious, but this could be an issue that can be brought out in a DUI trial where the police officer arrives later at the scene of an accident or where a vehicle is parked and the driver is asleep.

Another defense that could be used in a DUI case is that the police officer didn’t have actual reason to stop the vehicle of the person who is suspected for DUI. The police officer simply has to have a probable cause to pull the driver over. Traffic violations such as unsafe lane change, expired license plate tags or speeding could provide the excuse the officer needs to pull a driver over. In other words, the officer should have a legal reason to stop the vehicle and suspect that the driver was intoxicated. Weaving within a lane is generally used for probable cause, but this by itself would not be sufficient evidence that the driver was indeed under the influence.

After being caught drunk driving in Westminster, California, I know that my first concern would be the DMV hearing. What are the issues that are being raised in a DMV hearing that could help me save my license?

Chad

Westminster, CA

After your DUI charge in Westminster, California, the administrative driver’s license suspension began after the police officer took your license away and when you were given a pink piece of paper. The police officer would typically, but not always, check the box for the reason for taking your driver’s license. Usually the reason officer gives would be his belief that you were driving with a blood alcohol content (BAC) level of 0.08, you refused a blood alcohol test or there was a forced blood draw.

The very first issue that is being raised in a DMV hearing is if the officer had a reasonable cause to believe that you were driving a motor vehicle while having a BAC of 0.08% or more. Second is if the arrest or the detention lawful and if you refuse to take the blood alcohol test. It would be important to be realistic about your chances at winning at the DMV hearing because at this hearing, the DMV hearing officer is both a judge and prosecutor. Remember that if the police officer testifies at the DMV hearing, it would be an opportunity to question the officer without him/her being prepared by the prosecutor.

We are so worried about our father because he was just arrested for DUI here in Corona, California. We just bailed him out and now we are figuring out what to do next. What could be the possible defenses in a DUI case?

Nelson

Corona, CA

Possible defenses in a DUI case are almost limitless due to the complexities of the offense. Your father could use a lot of defenses on his DUI case in Corona, California. But there are most common defenses in a DUI case.

First of all, the prosecution should prove that your father was driving at the time the offense was committed. If there was no witness to his driving, the prosecution should prove this essential fact using both direct and circumstantial evidence. The police officer should also have a probable cause to stop, detain and/or arrest your father because if not, evidence against him will be suppressed. When your father was already under arrest, he should have been warned about his Miranda Rights because if not, incriminating statements could be suppressed if warnings were not given during a custodial interrogation. The implied consent warnings should have also been given to your father. He should have been advised about the consequences of refusing to take a blood or breath test because if not, he could use that a defense.

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.

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.

My son was arrested for DUI in California for the 2nd time and I am determined to do anything to keep him out of jail. My main concern is the fees for legal representation. How much does it cost to get a lawyer who would defend my son?

Christine

Oakland, CA

The cost of a DUI lawyer in California will differ much between the amount of experience, the reputation, and the location of their practice. It is usually true that the more experienced and bigger the city is, the higher the costs of the lawyer.

The fees range from $500 to $15,000 or more, of course, all depending on the details of the lawyer and the case. If a lawyer is located in a smaller, less populated community, the charge could be $500 to $1000. Generally, an experienced DUI lawyer in California with a good reputation charges $5000 to $8000. Although this fee does include the DMV license hearing.

The overall fee also varies by few other factors such as:

• Expenses like service of subpoenas, independent blood analysis, expert witness fees, and other such evidence might be extra.
• Administrative license suspension procedures can also be included as extra fees.
• If the offense is a felony or simply a misdemeanor can affect the charges.
• If your son has been allegedly convicted of previous crimes, the additional procedures involved in taking care of these charges may have extra fees.

The lawyer may request a retainer in advance or or just charge a fixed fee, which includes all expenses. You may ask for a written agreement that will document all fees. It is very significant that you follow all of the terms the lawyer requests of you before you make any decisions.