DUI In California

Reader’s Question:

I was required to get an SR22 insurance because of my DUI conviction here in California. Do I need to get it from another company or will my current auto insurance provider have that for me?

Kaleena

Elsinore Valley, CA

You would have to get an SR22 insurance because of your DUI conviction in  California. This is a form that would be a proof of your financial responsibility and this says that you have the right amount of insurance that the state of California orders you to have. Your auto insurance provider could file the SR22 insurance for you but make sure that you check with them for their standard procedure. In case they don’t offer SR22, you can always get it from someone who offers it and you can find it from this website so get a free quote now.

You may have to maintain the SR22 for a number of years, depending on your specific case. The length of time an SR22 stays active would depend on your state and the details of your DUI. Getting an SR22 would often make you in the higher risk category for auto insurance providers and that means that your premiums could increase and stay higher for a number of years after you got your DUI. It is not the end of the world after your DUI but you have to pay for it for at least a few years- especially if it is with regard to your auto insurance.

Reader’s Question:

A friend of mine got arrested in Los Angeles, California because of DUI. He had a slurred speech according to the police report. Can a slurred speech be used as evidence in a DUI trial?

Alonzo

Los Angeles, CA

Just like the odor of alcohol on the breath of a person arrested for DUI, a very few police reports would fail to include an observation by the police officer that the person arrested exhibited “slurred speech” during the DUI arrest. The police officer usually expects to hear slurred speech in a person whom he/she suspects as intoxicated or driving under the influence, particularly after smelling alcohol on the breath. Also, it would be a psychological fact that we tend to “hear” what we expect to hear. And upon hearing a slurred speech, it supplies the police officer with a proof of his suspicions that the person was indeed intoxicated, and thus driving under the influence.

Assuming that the police officer was honest that your friend who was arrested for DUI in Los Angeles, California had a slurred speech during the DUI arrest, there is little evidence that this is a symptom of intoxication. For example, impairment of speech, even when sober, is a common reaction to the stress, fear and nervousness that a police investigation would be expected to happen. Fatigue is also a well-known cause of having a slurred speech. A study of phonetician showed that even self-proclaimed experts are not good at estimating people’s alcohol levels by the way they talk.

Reader’s Question:

I have a DUI conviction in Fresno, California and luckily, my insurance company was able to give me coverage. But I’m just curious, what could be the reasons that an insurance company would not provide insurance for me anymore and how long do I have to carry the SR22 insurance?

Derek

Fresno, CA

Because of your DUI conviction in Fresno, California, you would have to carry the SR22 car insurance for a minimum of three years. This is a type of car insurance required by the California Department of Motor Vehicles (DMV) and the courts for drivers after a DUI-related offense. The SR22 form serves as an agreement between the DMV and your SR22 provider that requires the insurance company to immediately notify the DMV if the insurance company is no longer providing insurance for the driver anymore.

One of the reasons why an insurance company may not be able to provide insurance anymore is because of a lapse in coverage. Your SR22 insurance could lapse due to missing a payment or being late making a payment. The other reason could be a termination of your coverage. If your insurance company decides that you are too high of a risk due to maybe another accident or and/or DUI offense. One other reason is that if you switch SR22 providers. Even if you switch provider for your SR22 insurance, your insurance company is still required to file a Notice of Cancellation of California Insurance Proof Certificate.

Reader’s Question:

How many drinks does it take to have a 0.080 alcohol concentration and what must I do to avoid a DWI in California?

Payton

Bakersfield, CA

How many drinks do you need to have a 0.08 alcohol level in your blood? Well Payton, to tell you frankly, the response to your question is not pretty as clear cut as you may imagine. Alcohol is a very toxic substance. The moment you place alcohol into your bodily system, your body will begin to get rid of it. Alcohol levels will only go up when you drink further alcohol or at a more rapidly rate than your body can do away with it.

The most excellent response is by exemplar. If a common one hundred fifty pound man drinks four typical beers in sixty minutes, his alcohol level at the end of the sixty minutes would be 0.080. This is the identical whether the drink is a twelve ounce beer, four ounce of wine or one ounce of 80 proof whiskey. This evaluation will differ from person to person and has many other factors that have an effect on it.

For your next question on how to avoid DWI in California, the best advice I can give you is not to drink and drive. If you are planning to drink, drink sensibly or plan a ride if you are not. If you will border your drinking to one drink per hour, you ought to be fine.

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