Reader’s Question:

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.

, , , , , , , , , , , , , , , , , , , , , , , ,

Reader’s Question:

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.

, , , , , , , , , , , , , , , , , ,

Reader’s Question:

My son has just been charged with DUI here in California. We are still deciding whether or not we will hire a DUI lawyer. But we want to know, how can a DUI lawyer help my son on his case?

Ralph

Garden Grove, CA

One important thing that anyone arrested for DUI should keep in mind is to hire the services of a DUI lawyer. Since your son was charged with DUI in Garden Grove, California, he needs to get a DUI lawyer to help him defend his case.

Your son will have two different cases: the administrative case and the criminal case. During both his administrative and criminal hearings, a DUI lawyer can defend him based on witness testimony, chemical testing results, and other admissible information. The DUI lawyer may be able to save his license from administrative consequences and having a skilled DUI lawyer on his side is his best chance for winning his DUI case and not having to face the serious penalties associated with DUI in the state of California. If your son will be convicted of the charges against him, the DUI lawyer can speak on his behalf and request that the court show leniency in sentencing based on your son’s specific circumstances. The penalties for being convicted for DUI vary based on a number of factors including prior convictions, any injuries or property damage caused by DUI and other circumstances.

, , , , , , , , , , , , , ,

Reader’s Question:

My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?

Mark

San Diego, CA

The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.

If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.

The more common cases are as follows:

  • The motorist was driving above 20 or 30 miles above the speed limit
  • A child was present in the car or vehicle.
  • There was a personal injury or property damage.
  • The driver refused any chemical testing.
  • The driver’s BAC (blood-alcohol concentration) was over .20%
  • The driver is under 21 years old. (Zero tolerance laws in the state of
  • California usually charge the suspect with a much longer license suspension and require a lower BAC.)

I hope I was able to make clear to you what sentence enhancement is.

, , , , , , , , , , , , , , , , , , , , ,

Reader’s Question:

I’m so scared because this is the first time that I was charged with DUI. I need help as to what consequences I will be facing for having this violation in the State of California? Should I get a lawyer?

Renee

Los, Angeles, CA

First, let me educate you that drinking and driving are two things that should never be combined. Everyone should be practicing not to drive drunk. There are a lot of consequences you may be facing with your drunk driving charge in California. Here are some facts about drinking and driving laws in California.

You may be charged with one of two things if you get an California DUI:

First statue is that an officer can arrest you if he determines you are impaired due to alcohol or drugs. The 2nd statue you can be charged on is your BAC or blood alcohol content. Some consequences of a California DUI may include, but are not limited to fines of up to $1300, jail time, offender school, work programs and probation of up to 5 years.

But be scared no more. A good DUI lawyer in California can definitely get you out of trouble.

, , , , , , , , , , , , , , , , , ,

A drunk driving conviction isn’t something you can come out of easily, which is why it needs to be taken seriously, and part of that taking it seriously includes hiring a California DUI lawyer. Even if you think you can handle your case by yourself to save some money, CA DUI law is actually very complicated, and depending on several different aspects in your case everything could change. Here are some ways a California DUI lawyer could lend you a hand.

  • A lawyer can organize everything you need and take care of filling out all of your paperwork and filing it with the right authorities. They can keep your schedule on time and make sure you have court on the right date’s, keep track of your fees, and so on.
  • A lawyer can help you understand the situation you have landed yourself in. They can walk you through DUI law and explain how it relates to your particular circumstances. They can also help you get the consequences which you may face if they are unsuccessful.
  • A lawyer can be your representation in front of the judge. They know the ins and outs of the court system and DUI law from their experience, and will know the best angle to argue your case from.
, , , , , , , , , , , , , ,

Even though having a California DUI attorney is very helpful and the most certain way for you to see a good (or not so bad) outcome for your DUI case, there are some cases which, while still recommendable, you may be able to squeeze into a good solution on your own with a lot of hard work. However, if your problem is price, remember that there are many experienced DUI lawyers which have low rates or who will work with you on a payment plan.

If you meet one of the following criteria, you probably need a California DUI attorney.

  • This is your second case for driving under the influence of alcohol or drugs. Because you’ve already gotten in trouble for this before, you are less likely to be given any slack and will have to fight very hard.
  • You were exceptionally intoxicated at the time of your test. If your blood alcohol limit was twice the limit which is legal to drive in the state of California, then your consequences are heavier.
  • While you were driving drunk, there was a minor in the car with you.
, , , , , , , , , , , , ,

Even so, sometimes you just can’t get a lawyer, and that’s understandable. While in some cases this spells very bad news for you, in other cases it does not mean that all is lost. If your offense is pretty small time in terms of DUI charges, then you may have a very good chance of winning if you represent yourself. Still, anyone considering going it alone should consult with a lawyer first. Consultations are usually free.

You may be able to go without a California DWI attorney if you meet at least one of the following criteria.

  • You find the California DUI laws complicated and need help understanding them and how they apply to your case.
  • This is your first DUI offense.
  • You need help understanding what consequences you may suffer if found guilty of driving under the influence.
  • Your job requires bonding.
  • You are working on a degree for a job or a professional license which you will not be able to get if there is a criminal conviction on your permanent record.
, , , , , , , , , , , , , , ,

You can’t walk into the office of your Los AngelesĀ  DUI attorney with no information, or your consultation will turn out very unproductive. Instead, you’ll need to bring some info, especially about what kind of evidence your DUI case is based on. The kind of evidence will have a big effect on your ability to fight your case.

Evidence for DUI varies, and one of the most common forms this evidence comes in is that of symptoms of drunkenness. This may be that you were driving erratically in some way or another, or that when you spoke to the police officer you slurred your words and had eyes that were bloodshot.

If you’re pulled over for a DUI, then you’re probably going to be given a test. Even people without slurred speech may fail when asked to walk in a straight line, and either way you’ll end up having your breath or your blood itself tested. If they find you were over the legal limit, your case will be harder for you and your Los AngelesĀ  DUI attorney.

Along with that, you may have gotten yourself into some trouble as well. If you weren’t in the right state of mind, you may have admitted that you were drunk, which will turn out badly for you. You need the best attorney you can get.

This is the reason why you need to hire the best Los Angeles DUI lawyer to represent you in court. They can asses your situation and they will be able to explain to you the consequences to you so you will be aware. An experienced DUI lawyer know the ins and outs of court and they can help you get a milder sentence if especially if you already have too many DUI offenses in your record.

, , , , , , , , , , , ,