Free DUI Lawyer In California

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Reader’s Question:

I know some people who have been arrested for DUI here in Alameda, California and some of them claim that they are innocent. How would a police officer claim that a driver is under the influence?

Hope

Alameda, CA

In a DUI investigation in Alameda, California, the police officer usually claims that the DUI suspect “performed poorly” or “failed” the field sobriety tests and the handheld breath test indicates that the driver’s blood alcohol level was above the legal limit. Based on this, the officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the officer would arrest the driver and take him/her to the police station (or hospital) for a chemical test.

The driver suspected for DUI would choose between a breath test and a blood test. The state of California has an “Implied Consent Law” that says that a person who is arrested lawfully for DUI should submit to one of these tests. A refusal could subject the DUI suspect to stiffer court penalties and possibly a one-year (or longer) driver’s license suspension. If the driver chooses a blood test, the blood sample would be forwarded to a crime lab for analysis. If he/she chooses a breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the breath test machine. The officer sometimes tells the DUI suspect of the result, sometimes not.

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.

Reader’s Question:

After being caught drunk driving in Westminster, California, I know that my first concern would be the DMV hearing. What are the issues that are being raised in a DMV hearing that could help me save my license?

Chad

Westminster, CA

After your DUI charge in Westminster, California, the administrative driver’s license suspension began after the police officer took your license away and when you were given a pink piece of paper. The police officer would typically, but not always, check the box for the reason for taking your driver’s license. Usually the reason officer gives would be his belief that you were driving with a blood alcohol content (BAC) level of 0.08, you refused a blood alcohol test or there was a forced blood draw.

The very first issue that is being raised in a DMV hearing is if the officer had a reasonable cause to believe that you were driving a motor vehicle while having a BAC of 0.08% or more. Second is if the arrest or the detention lawful and if you refuse to take the blood alcohol test. It would be important to be realistic about your chances at winning at the DMV hearing because at this hearing, the DMV hearing officer is both a judge and prosecutor. Remember that if the police officer testifies at the DMV hearing, it would be an opportunity to question the officer without him/her being prepared by the prosecutor.

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.

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.

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:

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