Reader’s Question:

I badly need your help because I don’t want to be in jail and I still wanna be able to drive. Is it really necessary for me to hire a DUI attorney after my recent arrest for DUI here in California?

Jane

Bellflower, CA

The solid answer to your question would be yes because experienced DUI attorney could help you understand the DUI charges and all of the issues that are involved. You should take your DUI case in Bellflower, California seriously because if you lose your case, it would require a mandatory jail sentence upon conviction and a driver’s license suspension. After all, you wanna save your freedom and license, don’t you? Having the services of a DUI attorney to defend you could result in the charges being dropped, being reduced to a non-alcohol or non-drug related offense or in some other more favorable outcome to you.

You have to be aware that there are several different types of DUI offenses and prior DUI convictions could substantially increase the penalties. There would also be two separate legal proceedings involved in a DUI case; one involves a criminal case and the other one would be a civil administrative case with the Department of Motor Vehicles. As a result, it would be very important that you understand California DUI laws and receive a favorable outcome the first time you are arrested, and know the things you can do to avoid or minimize the damage on your DUI offense as well as avoiding future DUI arrests.

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Reader’s Question:

Is it legal for my auto insurance company to raise my rates without my approval, just because I got involved in a drunk driving arrest in Sacrament, California? Is it also true that my old auto insurance company will provide my drunk driving record to my new insurance company, in case I decide to cancel my policy with them?

Juan

Sacramento, CA

Assuming that you’re involvement means that you were the one pulled over and charged with Driving Under the Influence, then the answer is yes, a DUI case would usually mean the start of a sour and uphill battle with your current insurance company, often involving ridiculously raised monthly premiums or a mail notifying the cancellation of your policy altogether. This is because it would be very risky for the car insurance company to keep you if you have been proven guilty of a DUI charge. You might even be labelled a high-risk driver, further complicating things in the event you do need to file a claim with them in the future.

If you do decide to go with a new insurance carrier or should your current carrier there in Sacramento, California decide to drop you, the best you can do is to look for the lowest rates you can find elsewhere. You may be interested to take a look at the very competitive auto insurance package being offered in this website as well. Finally, it is highly unlikely that a company will share its customer’s records with the competition, and California does have laws protecting your consumer information, however, this doesn’t mean that your new Insurance Company won’t know about your previous DUI charges or driving history. And even if they don’t find out about it for now, most insurance companies run driving record checks at least once every three years or if you get a new policy so it will still come up later.

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Reader’s Question:

Is it true that having even just a glass of wine or a bottle of beer and then driving afterward can already have you arrested for DUI in California?

Mill

Concord, CA

It depends in if you are a minor and under what state you are in. In your case there in Concord, California the answer is yes, it is possible for you to be convicted of DUI even if you have consumed (in your opinion) a small amount of alcohol. It all depends on the result of the Blood Alcohol Content (BAC) test and the level of suspicion of the police officer who have pulled you over. California has one of the strictest laws in the nation governing underage drinking, so anyone caught under 21 and has had a BAC result of 0.01% or greater will face a DUI charge. If you resulted with a 0.05% or greater then you can be arrested and be subjected to two charges, one for underage and a regular DUI charges as well.

To put things in perspective, for most people drinking a 12-ounce beer or one 4-ounce glass of wine or one 1.25-ounce of liquor will already tip your BAC result to over 0.01% to near 0.05%. If this happens to you, you are looking at a one year driver’s license suspension and any subsequent violations and convictions will lead to even more sever punishments, including fines up to the thousands and even jail time. Similarly, individuals who refuse to be tested will mean an automatic suspension of his or her license as well. In some cases, however, if you are 18 or over and have had no prior convictions, you may be able to just attend a 12-hour class regarding safety and alcohol or drug abuse.

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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

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Reader’s Question:

What is a “Wet Reckless” in San Diego California?

George.

San Diego CA

Thank you for asking George.

Reckless driving is a misdemeanor in San Diego California and it carries penalties of informal probation, a fine and the possibility of up to 90 days county jail. Depending on the facts, this violation can be negotiated as an alternative to a California DUI conviction in the settlement process. An offense for “wet reckless” and dismissal of DUI charges can be a hard-fought victory and it depends on the circumstances. Your drivers license may also get suspended.

There is a difference between a “dry” and a “wet” reckless. The term “wet” or “dry” denotes if alcohol was involved in the commission of the violation. Typically an offense for a “wet reckless” will require the completion of a 12 to 32 hour alcohol education program, depending on the circumstances. In addition to that, a “wet reckless” is still considered a “prior conviction” for San Diego California DUI charging purposes, so that if an individual is convicted of another DUI in the next 10 years, the penalties will be increased as if the defendant has had a prior conviction for a California DUI. You may speak with an experienced lawyer regarding this to get more information.

Goodluck!

MariCAR

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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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