Reader’s Question:

Back in March, I heard about this new DUI legislation that the Governor of California announced here in Santa Ana, California. I know it was about the accidents caused by driving under the influence. Could you recount to me the details of this new legislation?

Harris

Santa Ana, CA

Many states are now establishing extreme DUI laws to repel drivers who cause most injuries and deaths. California Governor Arnold Schwarzenegger signed off a new DUI legislation which was announced back in March of this year in Santa Ana, California. This new DUI legislation is meant to toughen DUI laws. It was named for Steve Ambriz, an Orange County Councilman who was struck and killed in a DUI crash in 2006. The new legislation will require all motorists renewing or obtaining a driver’s license to sign a statement that says they understand that it is dangerous to drive a vehicle while under the influence of drugs and/or alcohol. The statement also says that motorists understand they could be charged with murder if they are found responsible for a DUI accident.

The new legislation would toughen DUI laws in California as it would make it easier for prosecutors to pursue second-degree murder charges against those who drive under the influence and cause a fatal accident. Tougher laws are meant to catch violators and put them behind bars.

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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.

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Once you realize that you will be charged with driving under the influence of alcohol or drugs, it is time for you to seriously consider hiring on a Santa Ana California DUI lawyer. Even if your chances look pretty bad, it’s still possible that a lawyer can help get your charges lightened up. Even beyond just that, there are many ways that a lawyer can help you.

  • Education.

For the same reason you don’t go asking for legal advice on an internet game forum, you shouldn’t rely just on the information you, as a non lawyer, are able to dredge up from the internet and the library. Getting a free consultation with a Santa Ana California DUI lawyer can open your mind up to what DUI law is and how it can be applied to your particularsituation.

  • Ease.

If you hand your case over to a lawyer, then your own responsibilities drop significantly, and all you have to do is communicate your knowledge and show up, essentially.

  • Defense.

Most importantly, your lawyer can represent you for your reasons and knows what is most likely to get you a better punishment.

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Reader’s Question:

What does it cost to hire a lawyer for a DUI in Santa Barbara California?

Ben

Santa Barbara CA

Thank you for asking Ben

Fees may differ depending on the law firm or attorney, the facts and seriousness of the case and if the case is settled or tried. But, for a first offense DUI without aggravating factors, fees will generally range from as little as $1000.00 (typically charged by a lawyer with limited experience and no expertise in drunk driving defense (DUI)), to over $5,000.00 (for DUI defense lawyer with extensive experience and a practice devoted exclusively to the defense of Driving Under the Influence (DUI) cases). However, other than considering the cost for DUI lawyers, practitioners dedicated to the art and science of California DUI defense must also be considered and that it is the quality, not the cost, of your legal representation that should be of your greatest concern when retaining a lawyer. Make sure that the decision you make today in choosing Santa Barbara DUI defense lawyers will affect your rights, driving privileges and lifestyle for years to come, in that a Court conviction and DMV suspension due to California Drunk Driving will remain on your Court and DMV records for the next ten years.

MariCAR

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Although a California DWI lawyer can be helpful in many ways, there are times when you must hire one and then there are times when you may have more options. I’m going to present you with several scenarios that you can consider when making your decision about whether or not to hire an attorney.

If you match the following criteria, you absolutely must hire a California DWI lawyer.

  • You should absolutely hire a lawyer if this is the third DWI you have gotten, or if you have gotten more than that. Although punishment is already worse on a second DWI, by the third it starts getting especially severe and you will have a difficult time getting the sentence reduced.
  • You need a lawyer if part of your job requires you to drive and thus you will not be able to earn a living if your driver’s license is suspended or revoked. It’s possible for the lawyer to win you a restricted license.
  • While you were driving under the influence, you got into a car accident, and someone was injured or killed.
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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.
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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.
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