Free DUI Lawyer In California

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 son has just been charged with DUI here in California. We are still deciding whether or not we will hire a DUI lawyer. But we want to know, how can a DUI lawyer help my son on his case?

Ralph

Garden Grove, CA

One important thing that anyone arrested for DUI should keep in mind is to hire the services of a DUI lawyer. Since your son was charged with DUI in Garden Grove, California, he needs to get a DUI lawyer to help him defend his case.

Your son will have two different cases: the administrative case and the criminal case. During both his administrative and criminal hearings, a DUI lawyer can defend him based on witness testimony, chemical testing results, and other admissible information. The DUI lawyer may be able to save his license from administrative consequences and having a skilled DUI lawyer on his side is his best chance for winning his DUI case and not having to face the serious penalties associated with DUI in the state of California. If your son will be convicted of the charges against him, the DUI lawyer can speak on his behalf and request that the court show leniency in sentencing based on your son’s specific circumstances. The penalties for being convicted for DUI vary based on a number of factors including prior convictions, any injuries or property damage caused by DUI and other circumstances.

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.

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