Free DUI Lawyer In California

Reader’s Question:

My son was arrested for DUI here in California and his case is proceeding to trial since he pleaded not guilty to the charges against him. What could we expect to go through during the DUI trial?

Cadence

Camarillo, CA

Just like any other criminal trial, California DUI trial has certain distinct elements. The first phase on your son’s DUI trial in Camarillo, California would typically be the submission of pre-trial motions. The next stage would be the jury selection, where 12 impartial jury members are chosen. During this stage, both sides engage in the examination of prospective jurors, to each individual’s suitability for jury service. After the jury has been selected, both sides would give opening statements which is an opportunity for your son’s DUI lawyer and the prosecutor to give a preview of what is to come in the DUI case.

After the opening statements, both sides would engage in the examination and cross examination of prosecution witnesses and experts and the examination and cross examination of defense witnesses and experts. Both sides would engage in closing arguments once all of the witnesses have testified. This is usually a chance to recap the DUI case that has been presented to the jury. The next stage of the DUI trial would be the jury deliberations and, finally, the verdict. Your son will be sentenced if he will be found guilty for the DUI charge. But it would be very important to keep in mind that defendants in DUI cases can prevail at trial.

Reader’s Question:

My cousin from Nevada was charged with DUI here in Berkeley, California and his out-of-state license was confiscated by the police officer. Is there a different DUI case process for out-of-state drivers? How can he get his home state license and will Nevada know if he will be convicted for DUI?

Valentin

Berkeley, CA

For people or drivers who are out of state visiting the state of California, DUI laws remain the same. If an out of state driver is arrested for DUI, that person will go through a similar criminal DUI process just like an in-state driver does. The process began when your cousin was arrested and the police officer confiscated his driver’s license. Since his license was confiscated, he was issued a temporary license that is valid for 30 days. He must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his arrest. If he fails to schedule a meeting with the DMV, it could result to automatic suspension of his California driving privileges.

If your cousin will be convicted for his DUI charge in Berkeley, California, the state of Nevada will know about this. There is an Interstate Driver’s License Compact (IDLC) which is an agreement between 45 states to communicate about driving-related crimes which include DUI crimes. The states of California and Nevada are part of this agreement so California will notify your cousin’s home state of his non-residential DUI conviction.

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 have been charged with DUI, should I contact a DUI lawyer right away? I live in California.

Michelle

Thank you for asking Michelle.

Never assume a DUI charge is just like a ticket, because it is not. A DUI charge can result in a revoked or suspended drivers license and jail time. Some DUI charges may result to additional penalties such as mandatory drug and alcohol counseling or fines.

The result of your case may depend on whether or not you meet the strict deadlines for defending yourself. A California DUI lawyer can provide you with information regarding the deadlines, your options and your rights.You may be able to schedule a free consultation online with a California DUI lawyer to discuss your case and learn about which defenses may be available for you to pursue. All you need to do is to fill out our simple online case evaluation form or call them so they can arrange your appointment and provide legal help right away.

A DUI lawyer in California will discuss to you what this DUI charge may mean to your future. After your free consultation online, you will have enough knowledge to make informed decisions about your case. It is necessary to act as soon as possible, before you miss any important deadlines for defending yourself.

Goodluck!

MariCAR