Free DUI Lawyer In California

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:

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.

Reader’s Question:

I am on probation for a DUI conviction here in California. My driver’s license is suspended. I am getting ready to get my license back. What are the things that I need to do to get my license back?

Jacob

Bakersfield, CA

In the state of California, if you need to get your driver’s license back, you need to file SR22 insurance. This is not auto insurance in itself but rather a proof of financial responsibility. This is a form which notifies the state that you have the required insurance coverage. Many insurance companies would still cover a driver after a DUI conviction although it may not be from your original insurance company. Your license can be suspended again if the SR22 file lapses.

Another possibility of getting your license back after a DUI is an expungement. Having a DUI expungement also means not having to report a DUI on certain applications pertaining to employment or other personal matters. Moreover, a properly expunged DUI record is generally prohibited from appearing on pre-employment background checks or other sensitive inquiries. Not all criminal records are eligible for expungement because several conditions may apply such as past criminal history, the purpose of the expungement and the severity of the offense for which expungement is being considered. This expungement is usually blotted out from a person’s legal records but not totally obliterated. Nevertheless, the effects of a DUI expungement are amazingly positive.

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.

Reader’s Question:

Hi. My question is, what is an ignition interlock device and when is it required?

Jamie

Los Angeles CA

Thank you for asking Jamie.

The ignition interlock device is an instrument in which, when installed in a motor vehicle, requires the motorist to blow into the device before the engine will start. This instrument detects the presence of alcohol on the driver’s breath and will disable the automobile engine in that event. This is expensive and must be calibrated all the time. The Court can order the device be installed in any car owned or operated by the defendant for up to three years. This will be considered as a possible condition of probation whenever a defendant has a prior conviction, or where a first offender’s breath or blood alcohol reading is over .20 percent. A violation serious enough to warrant such a sanction necessitates the aid of a California DUI defense lawyer.

Additionally, in the event where the licensee has been suspended or revoked for two or more years by the DMV for a second or subsequent violation, the DMV may require proof of installation of the device before granting a restricted license after a year of the suspension has elapsed.

MariCAR

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

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