Free DUI Lawyer In California

Reader’s Question:

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.

Reader’s Question:

It would seem fortunate that even though I have risked drunk driving so many times, I have never been caught by a police officer here in California. I try so much not to do it but it seems unavoidable and maybe I would still keep on doing it until I get caught. If I will be stopped for a DUI suspicion, what are the things that I would have to keep in mind?

Marty

East San Gabriel Valley, CA

If you get arrested for DUI in California, the worst thing you can do is aggravate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

You have to keep in mind that you should discuss your case with the arresting officer and limit the information you give to what is necessary. This would include your name, permanent address, birthday, etc. Don’t answer any questions related to the arrest and don’t tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have to exercise your right so remember that you have the right to speak to an attorney before you say anything to the police.

Stay calm and don’t resist even if you think you are innocent because everything that you say or do can be used against you. Don’t attempt to run and always keep your hands where the arresting officer can see them. Contrary to popular belief, you can actually refuse to take any chemical test (blood alcohol content or BAC test) until you have spoken to your attorney. You also have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

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 been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?

Alice

San Diego, CA

Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.

A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.

Reader’s Question:

I am on probation for a DUI conviction here in California. My driver’s license is suspended. I am getting ready to get my license back. What are the things that I need to do to get my license back?

Jacob

Bakersfield, CA

In the state of California, if you need to get your driver’s license back, you need to file SR22 insurance. This is not auto insurance in itself but rather a proof of financial responsibility. This is a form which notifies the state that you have the required insurance coverage. Many insurance companies would still cover a driver after a DUI conviction although it may not be from your original insurance company. Your license can be suspended again if the SR22 file lapses.

Another possibility of getting your license back after a DUI is an expungement. Having a DUI expungement also means not having to report a DUI on certain applications pertaining to employment or other personal matters. Moreover, a properly expunged DUI record is generally prohibited from appearing on pre-employment background checks or other sensitive inquiries. Not all criminal records are eligible for expungement because several conditions may apply such as past criminal history, the purpose of the expungement and the severity of the offense for which expungement is being considered. This expungement is usually blotted out from a person’s legal records but not totally obliterated. Nevertheless, the effects of a DUI expungement are amazingly positive.

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:

I was once a victim of drunk driving here in Sacramento, California. I was so upset because the suspect did not show up in court for trial. The suspect now has an outstanding warrant for his arrest. I was told by a friend that information about DUI suspects in Sacramento are already being posted online. Is this true? How can that website work for us?

Janice

Sacramento, CA

It’s true. Outstanding DUI suspects in Sacramento, California are now having their mug shots posted online in an attempt to stir action from the community and bring them to justice. The Sacramento County District Attorney’s Office recently posted the descriptions and pictures of 17 California DUI suspects who have either failed to show up in court or repeat offenders and face a variety of misdemeanor and felony charges.

A DUI investigator in Sacramento County said that the idea of this DUI program is to involve the community in nabbing wanted DUI suspects. Whether another person who has some grudge against the wanted individual or someone who is looking to do the right thing and turn a suspect in, the DUI investigator added that each suspect that is brought to justice via this collaborative Sacramento DUI program would represent one less dangerous person on the road and at least one life saved.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.

Reader’s Question:

How many drinks does it take to have a 0.080 alcohol concentration and what must I do to avoid a DWI in California?

Payton

Bakersfield, CA

How many drinks do you need to have a 0.08 alcohol level in your blood? Well Payton, to tell you frankly, the response to your question is not pretty as clear cut as you may imagine. Alcohol is a very toxic substance. The moment you place alcohol into your bodily system, your body will begin to get rid of it. Alcohol levels will only go up when you drink further alcohol or at a more rapidly rate than your body can do away with it.

The most excellent response is by exemplar. If a common one hundred fifty pound man drinks four typical beers in sixty minutes, his alcohol level at the end of the sixty minutes would be 0.080. This is the identical whether the drink is a twelve ounce beer, four ounce of wine or one ounce of 80 proof whiskey. This evaluation will differ from person to person and has many other factors that have an effect on it.

For your next question on how to avoid DWI in California, the best advice I can give you is not to drink and drive. If you are planning to drink, drink sensibly or plan a ride if you are not. If you will border your drinking to one drink per hour, you ought to be fine.

Reader’s Question:

My auto insurance company does not provide insurance for me anymore because of lapse in the coverage. I have already missed several payments. I have a DUI conviction in California and I’m seriously in need of an insurance company which will cover my SR22 insurance policy. Who will provide my SR22 now?

Ronald

Sacramento, CA

A California SR22 insurance policy is a type of car insurance policy required for California drivers by the California Department of Motor Vehicles and the courts after DUI related offense. In the state of California, it is required for a minimum of 3 years after a drunk driving conviction.

The SR22 insurance policy serves as an agreement between the CA DMV and the SR22 provider that requires the insurance company to immediately notify the CA DMV should the insurance company not be providing insurance for the driver anymore.

Most likely, the larger national auto insurance companies don’t do SR22 policies for two main reasons. First is that they don’t like to assume the risk that ‘high risk’ policies involve. Second is that they don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 insurance policies. The only other option left for you now is that you would have to seek out smaller companies and insurance brokers who specialize in this type of insurance.