Free DUI Lawyer In California

Reader’s Question:

I have heard many times that a DUI record can be cleared. I have a DUI conviction here in Hayward, California and seems like I would have to carry that all my life. But I was brought back to life when I found out that it can be erased. How can I do that and who are eligible for this?

Ethan

Hayward, CA

You can clear your DUI record in Hayward, California by means of expungement. Expungement, sometimes referred to as DUI expunction, is the process of sealing, removing or clearing a DUI related offense from your records after conviction. This is considered as the only form of post conviction relief offered for DUI convictions. Depending on the expungement order, that could mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record.

Not everyone is eligible for expungement even if the state of California allows it. Expungement, in most case, is reserved for first offenders with legitimate reasons to expunge their records who also file the necessary paperwork and pay the associated fees. Therefore, it is not considered as a right, rather a privilege granted by the government. In general the people who are eligible for expungement are those who have never served time in state prison. They should also be first-time offenders, have no pending criminal cases and felony convictions.

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:

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 was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?

Robin

San Diego, CA

HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.

All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.

Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.

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:

My boyfriend was recently charged with DUI here in Pasadena California. They say that breathalyzer does not give an accurate readings all the time. If I will be pulled over for a DUI suspicion, do I have a choice in the matter of taking a chemical test?

Angelina

Pasadena, CA

In the state of California, the two most commonly administered chemical tests are blood and breath tests. Although that accuracy of the breath test is being challenged by many scientists because of may determinant factors. If breath and blood samples are unavailable, or if the arresting officer is suspicious of drug use, a urine test can be taken. A significant fact that many officers fail to inform the suspect is the option to have a blood test taken after the breath test. The reason for this is that the breath test sample will not be available for the defense later on.

Among these three chemical tests, blood samples are typically the most precise. The technology used for breath tests are notorious for errors and flaws that cause unreliable test results. The least trustworthy of the three is urinalysis.

Reader’s Question:

My auto insurance company does not provide insurance for me anymore because of lapse in the coverage. I have already missed several payments. I have a DUI conviction in California and I’m seriously in need of an insurance company which will cover my SR22 insurance policy. Who will provide my SR22 now?

Ronald

Sacramento, CA

A California SR22 insurance policy is a type of car insurance policy required for California drivers by the California Department of Motor Vehicles and the courts after DUI related offense. In the state of California, it is required for a minimum of 3 years after a drunk driving conviction.

The SR22 insurance policy serves as an agreement between the CA DMV and the SR22 provider that requires the insurance company to immediately notify the CA DMV should the insurance company not be providing insurance for the driver anymore.

Most likely, the larger national auto insurance companies don’t do SR22 policies for two main reasons. First is that they don’t like to assume the risk that ‘high risk’ policies involve. Second is that they don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 insurance policies. The only other option left for you now is that you would have to seek out smaller companies and insurance brokers who specialize in this type of insurance.

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 Question

Living a life here at San Francisco, California comes with a price. Engaging with the top executives of companies and establishments led to a much needed socializing that involves alcoholic beverages, which of course I can’t say no to it. This has taken its toll, and has led to my first DUI conviction.

A lot is at stake here, my career, my family and eventually my social status. It can ruin the life that I had before such conviction. I had heard of expunging a DUI conviction and somebody told me that it can solve my problem and that I can regain the life that I had before. Is there such thing as expungement?

Edward, San Francisco CA

Edward,

You got same questions from most of first offenders of DUI or even those who are convicted of DUI more than once. In the state of California, like other states in the US do allow you to expunge record of DUI conviction.

What expungement does, it seals your DUI conviction. All you need to do is to file a petition in court asking to expunge your DUI conviction record. The court will replace your plea into not guilty and then eventually dismisses your case. The effect of which is that when you are going to apply for another job that you want, there is no need to disclose any information pertaining to your DUI conviction.

To make it easier for you, try to contact an expungement lawyer who will do the hassle of filing a petition in court to expunge your DUI conviction.