Reader’s Question:
Is pleading guilty to my DUI charge here in Bellflower, California a good option for me? If so, how would I handle a DUI with a guilty plea?
Charlie
Bellflower, CA
Pleading guilty to your DUI charge in Bellflower, California may be a wise choice if you can get the judge to understand that you truly want to work on never getting another DUI charge. Now, if you are already decided to plead guilty, you have to show up in court during your arraignment. When your name is called at the arraignment, you have to tell the prosecutor or judge that you want to plead guilty to your DUI. You also might want to meet with the prosecutor before your arraignment to plead guilty to your DUI charge. This would allow you to privately discuss your options with the prosecutor or assistant prosecutor. By doing this, you can negotiate down your charge in exchange for the guilty plea.
The judge or prosecutor would give you important information about what would be expected of you next, so listen. You would likely be sentenced to a choice of a DUI class or jail time if your DUI is a misdemeanor charge. You have to tell the judge right then and there which one you would choose. In the course of deciding on pleading guilty to your DUI charge, you may also want to get an affordable yet car reliable insurance for you after your DUI so get a free quote now from this website.
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Reader’s Question:
We badly need help in my sister’s DUI case here in Los Angeles, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?
Mac
Los Angeles, CA
You and your family might be going through a tough time right now because of your sister’s DUI charge in Los Angeles, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.
Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.
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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:
What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?
Sandy
San Diego, CA
You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.
If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.
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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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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.
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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 are the usual Court penalties for a third offense California DUI?
Olive
Thank you for asking Olive.
The penalties imposed by the court for a California DUI conviction differ considerably depending on different factors like the facts of the case, whether there are any prior convictions for DUI, and the defendant’s individual circumstances. Factors that increase penalties and result in county jail time may include prior convictions, a traffic accident, a high blood or breath alcohol content, excessive speed combined with reckless driving, refusal to submit to a chemical test or the presence of young children in the vehicle. Additionally, penalties can differ from county to county and from court to court. Some counties routinely impose jail time even on a first-time California DUI conviction with none of the referenced aggravating factors.
The maximum penalties include probation, a fine, a 30 month alcohol education program, a two year license suspension and one year in county jail. In addition to the probation, fines and alcohol programs that may be imposed , a third offense conviction mandates minimum county jail time of 120 days up to one year in custody. There can also be a license revocation for three year.
Goodluck!
MariCAR
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