A driver arrested for drunk driving will face criminal charges in court as well as a potential license suspension by the DMV. Typically a district attorney’s office will file a complaint charging two counts for the same DUI: the “a count” alleges driving under the influence of alcohol or a drug, while the “b count” alleges driving with 0.08% blood alcohol content or higher. The first, second, and third offenses within ten years are charged as misdemeanors, though a fourth offense can be charged as a felony. The DUI can also be charged as a felony if the case involves an accident with injury. In some cases a DUI can be reduced to a “wet reckless” or even an infraction.
The standard punishment for a first offense is 48 hours jail (usually served in a work program), three years probation (five years in the City of Alameda and Napa), fines and fees totaling over $1,700, and completion of a driver safety program. For subsequent convictions within ten years the court is required to increase the jail sentence and length of the program, and frequently will order longer periods of probation and installation of an ignition interlock device in any vehicle operated by the defendant.
A wet reckless normally involves no jail time, a probation period lasting one or two years, fines and fees several hundred dollars lower than for a DUI, and possibly a shorter, twelve hour class.
A driver arrested for drunk driving must request an Administrative Per Se hearing (“APS hearing”) with the DMV within ten days of the arrest or his or her license will be suspended in most cases. At the hearing the driver’s counsel can challenge the DMV’s proof that the law enforcement officer had reasonable cause to stop the driver; that the law enforcement officer had probable cause to arrest the driver for a drunk driving violation; and that the driver had 0.08% blood alcohol content or higher (or that the driver refused to perform a chemical test).
Showing posts with label DUI. Show all posts
Showing posts with label DUI. Show all posts
Wednesday, October 8, 2008
Saturday, October 4, 2008
Reasons a Driver's License Can Be Suspended Or Revoked?
What are the reasons a driver's license can be revoked?
Driving a motor vehicle is a privilege. When a driver behaves recklessly, the state issuing a driver’s license will not think twice to suspend of revoke it. A state issuing a driver’s license to a driver can temporarily suspend driving privileges for various reasons. Reasons for driver’s license suspension can include:
DUI arrest and conviction, in which case a driver is caught driving under the influence of alcohol or drugs is the top cause for a driver’s license suspension. Additional reasons a driver’s license may be suspended in the event of:
- Refusal to take a blood-alcohol test
- Driving without valid insurance
- Speeding ticket
- Reckless driving
- Hit and run - leaving the scene of an injury accident
- Failing to pay a driving-related fine
- Failing to answer a traffic summons, or
- Failure to file an accident report.
In many states a driver’s license can be suspended for traffic violations. In this case states use points that keep track of a driver's moving violations. Every moving violation a driver is assigned a certain number of points. If a driver accumulates too many points on a driving record, in addition to his car insurance rate premium increase, within a given period of time, the department of motor vehicles will suspends his license.
If a driver has too many moving violations, a DUI, the state issuing a driver’s license may revoke a driver’s license. In this event, a driver with revoked driver’s license has to wait a certain period of time to re-apply for a new driver’s license and pass certain tests in addition to paying the fee.
Additionally, some states, California in particular will revoke and refuse to issue a new driver’s license to parents in child support arrears.
Driving on a suspended or revoked license is a crime. If a driver with a revoked or suspended driver’s license is caught behind the wheel, such driver will most likely get a jail time and will have to pay heavy fines. If the driver’s license suspension was due to a drunk driving violation – DUI or DWI, the penalties will be the heaviest. Remember Paris Hilton? Having the best DUI and criminal attorneys cannot guarantee that your driver's license suspension will be prevented. However, it is possible to reduce your sentence due to a DUI with having a good DUI attorney. Particularly, in you are in Arizona, you will definitely need an Arizona DUI attorney who is experienced in the Arizona DUI laws.
DUI Lawyers in Chicago, New York and Los Angeles
Car accident due to DUI will require an accident lawyer. When searching for a car accident lawyer, it is best to ask around and get references from your friends and relatives who may know a good accident lawyer. A good car accident attorney can save 
you a lot of headache especially if your car accident occurred as a result of drunk driving. When you are at fault, it is best to seek a good DUI lawyer in your area who specializes in DUI cases. My DUI attorney who went to court for me was a personal friend. Lucky me, I did not have a car accident, otherwise, I’d have a lot of work for my attorney. In fact, I also got lucky because my DUI attorney was a personal injury attorney at the same time. In fact, he recently won a wrongful death case, so my personal injury attorney assuming a DUI attorney’s position in my case is also a wrongful death attorney.
If you live in a big city, such as Chicago, New York, or Los Angeles, chances are you know someone who knows an accident attorney, has a personal reference to a car accident attorney, or a DUI attorney. DUI attorney is your council who represents you in criminal court, so DUI is considered a criminal offence and thus you will need a criminal attorney AKA criminal defense attorney. In Los Angeles the number of DUI offences is great. Los Angeles is a big city with lots of drivers. You can’t get around without driving. There is rarely any public transit in Los Angeles, and thus DUI offences in Los Angeles are frequent. Los Angeles DUI attorneys are not cheap but are well worth the money. In fact, Los Angeles lawyers are some of the highest paid lawyers in the country. So, if you are out of luck and are caught driving drunk on the public road in LA, be prepared to pay the top dollar for your DUI criminal defense.
you a lot of headache especially if your car accident occurred as a result of drunk driving. When you are at fault, it is best to seek a good DUI lawyer in your area who specializes in DUI cases. My DUI attorney who went to court for me was a personal friend. Lucky me, I did not have a car accident, otherwise, I’d have a lot of work for my attorney. In fact, I also got lucky because my DUI attorney was a personal injury attorney at the same time. In fact, he recently won a wrongful death case, so my personal injury attorney assuming a DUI attorney’s position in my case is also a wrongful death attorney.If you live in a big city, such as Chicago, New York, or Los Angeles, chances are you know someone who knows an accident attorney, has a personal reference to a car accident attorney, or a DUI attorney. DUI attorney is your council who represents you in criminal court, so DUI is considered a criminal offence and thus you will need a criminal attorney AKA criminal defense attorney. In Los Angeles the number of DUI offences is great. Los Angeles is a big city with lots of drivers. You can’t get around without driving. There is rarely any public transit in Los Angeles, and thus DUI offences in Los Angeles are frequent. Los Angeles DUI attorneys are not cheap but are well worth the money. In fact, Los Angeles lawyers are some of the highest paid lawyers in the country. So, if you are out of luck and are caught driving drunk on the public road in LA, be prepared to pay the top dollar for your DUI criminal defense.
Wednesday, October 1, 2008
Drunk Driving On a First Date; DUI Doesn’t Get You Laid
My DUI program required watching videos about drunk driving, drunk drivers and real people telling real stories about their drunk driving experiences. I remember a sweet young woman at the hospital telling the reporter the story about how she ended up at the hospital.
She was out on a first date. She and her date were at a bar where they had a couple of drinks. After all it was a Friday night and neither had to go to work the next day. After the bar they decided to go to a dance club. They danced and drank late into the night and as the club closed its doors they proceeded to the parking lot. She insisted on taking a cab, but her date convinced her that he wasn’t that drunk and since her house was only a few miles down the street, he would be ok to drive.
The young couple was just a few blocks away as the car approached an intersection on high speed. The driver was in a hurry to get back to the woman’s house in the hopes that his drunk buzzed date would let him stay overnight. Driving over the speed limit he crossed the intersection on red and crushed into a UHAUL truck. Both, the driver and the passenger ended up at the hospital instead of the girl’s house. Don’t drink and drive and watch this short funny drunk driving on a date video.
She was out on a first date. She and her date were at a bar where they had a couple of drinks. After all it was a Friday night and neither had to go to work the next day. After the bar they decided to go to a dance club. They danced and drank late into the night and as the club closed its doors they proceeded to the parking lot. She insisted on taking a cab, but her date convinced her that he wasn’t that drunk and since her house was only a few miles down the street, he would be ok to drive.
The young couple was just a few blocks away as the car approached an intersection on high speed. The driver was in a hurry to get back to the woman’s house in the hopes that his drunk buzzed date would let him stay overnight. Driving over the speed limit he crossed the intersection on red and crushed into a UHAUL truck. Both, the driver and the passenger ended up at the hospital instead of the girl’s house. Don’t drink and drive and watch this short funny drunk driving on a date video.
Tuesday, September 30, 2008
Heather Locklear drunk driving arrest
DUI stories seems to be a favorite topic amongst those who love to gossip about the glamorous life of celebrities. Associated Press reported last week of another DUI incident this time involving Heather Locklear. The actress was arrested on suspicion of DUI in Santa Barbara, an affluent urban S.CA town. As she was leaving a parking lot she was driving odd, erratically stepping on the gas pedal. At the time the arresting police officer noted her car, it was parked on a side of the freeway blocking the road, which triggered the suspicion of the police officer. The actress got out of her car and 
stumbled into traffic in the middle of the freeway.
The police officer did not recognize the celebrity. He suspected that the female driver was under the influence and took her to the police station where she underwent alcohol and drug test. She was suspected to be under the influence of prescription medications and was booked accordingly.
Luckily there was no accidents and no property damage or injuries have been sustained as a result of the famous actress’ reckless behavior.
According to an unnamed resource Heather Locklear was treated earlier this year in a clinic providing medical services to patients suffering from anxiety and depression.
The photo provided by the arresting authority suggests that the actress must have had one too many drinks even before she got in the driver seat of her car. Smeared mascara and messy heir, as well as a strange stare in her eyes is the evidence of severe intoxication.
stumbled into traffic in the middle of the freeway.The police officer did not recognize the celebrity. He suspected that the female driver was under the influence and took her to the police station where she underwent alcohol and drug test. She was suspected to be under the influence of prescription medications and was booked accordingly.
Luckily there was no accidents and no property damage or injuries have been sustained as a result of the famous actress’ reckless behavior.
According to an unnamed resource Heather Locklear was treated earlier this year in a clinic providing medical services to patients suffering from anxiety and depression.
The photo provided by the arresting authority suggests that the actress must have had one too many drinks even before she got in the driver seat of her car. Smeared mascara and messy heir, as well as a strange stare in her eyes is the evidence of severe intoxication.
Sunday, September 28, 2008
How To Stop Your Driver’s License Suspension Due To DUI
Driver’s License suspension is revocation of driving privileges for a specific period of time. Driver’s License suspension is decided at the administrative hearing before the DMV hearing officer. Driver’s License suspension is a separate procedure from the criminal court hearing and is not related to what happens in the criminal department of the court.
If you have been caught driving under the influence of alcohol or drugs, you are facing potential Driver License suspension for at least thirty days in CA. After thirty days you can apply for reinstatement of your driver’s license and get a restricted driver’s license that will allow you to drive to and from work, or in the course and scope of employment, and to and from a treatment program, which includes drunk driver school program and AA meetings if you are required to attend them. You can remove the restriction on your drivers license once you have successfully completed the DUI program, or have graduated from the DUI program as they say, and have fully paid for the cost of the DUI school.
Now, is there a away to stop your driver’s license suspension? Yes, there is. It is best to go to an administrative DMV hearing with a lawyer specializing in DUI defense. Usually the DUI lawyer knows the hearing officer and knows how he or she hears cases and decides on driver’s license suspension. Your DUI lawyer will know how to present your case to ensure the highest chance of you keeping your license. When you hire a DUI lawyer, your DUI attorney will usually charge you a flat fee, which could differ
depending on the area of your residence. In my area in N.CA it is somewhere around $2,500. The money is payable upfront and includes defense in front of the judge in criminal court, whereas the judge will decide on your criminal sentence, the fine and or community service, the mandatory DUI school attendance and the duration of the DUI class, which will usually depend on whether it is a first or second offence, possible treatment programs, interlock device installation, sheriff’s alternative program (picking up garbage on the freeway), and any other penalties; as well as the appearing with the DUI offender at the administrative DMV hearing in front of the hearing officer.
A smart and experienced DUI attorney will try to postpone your hearing (request a continuance) so that you can have an administrative hearing before you are convicted for the criminal DUI offence. That way the hearing officer does not have substantial evidence of your DUI and may have doubts whether you really were under the influence when you got in your car and started driving. There is a slight chance that you may keep your driving privileges even if you are later convicted for DUI in court.
If you have been caught driving under the influence of alcohol or drugs, you are facing potential Driver License suspension for at least thirty days in CA. After thirty days you can apply for reinstatement of your driver’s license and get a restricted driver’s license that will allow you to drive to and from work, or in the course and scope of employment, and to and from a treatment program, which includes drunk driver school program and AA meetings if you are required to attend them. You can remove the restriction on your drivers license once you have successfully completed the DUI program, or have graduated from the DUI program as they say, and have fully paid for the cost of the DUI school.
Now, is there a away to stop your driver’s license suspension? Yes, there is. It is best to go to an administrative DMV hearing with a lawyer specializing in DUI defense. Usually the DUI lawyer knows the hearing officer and knows how he or she hears cases and decides on driver’s license suspension. Your DUI lawyer will know how to present your case to ensure the highest chance of you keeping your license. When you hire a DUI lawyer, your DUI attorney will usually charge you a flat fee, which could differ
depending on the area of your residence. In my area in N.CA it is somewhere around $2,500. The money is payable upfront and includes defense in front of the judge in criminal court, whereas the judge will decide on your criminal sentence, the fine and or community service, the mandatory DUI school attendance and the duration of the DUI class, which will usually depend on whether it is a first or second offence, possible treatment programs, interlock device installation, sheriff’s alternative program (picking up garbage on the freeway), and any other penalties; as well as the appearing with the DUI offender at the administrative DMV hearing in front of the hearing officer.A smart and experienced DUI attorney will try to postpone your hearing (request a continuance) so that you can have an administrative hearing before you are convicted for the criminal DUI offence. That way the hearing officer does not have substantial evidence of your DUI and may have doubts whether you really were under the influence when you got in your car and started driving. There is a slight chance that you may keep your driving privileges even if you are later convicted for DUI in court.
Saturday, September 27, 2008
Drunk Driver Finally Gets Caught and Prosecuted for DUI Offence
DUI story sent by my reader and published in Second Time DUI Offender reminded me of another DUI story that happened to my roommate a few years back and prompted me to rehash it here.
I once had a roommate who drove drunk all the time. When she came home late into the night I was asleep. Some days she asked me to come out and check out her car. She’d say, “Can you please look at my car? I am scared to look at it.” Sure enough, there were some dents but nothing major. I was always worried that she’d get drunk and kill someone. Deep down I was hoping that she’d get busted and could not drive any more. Drivers like her are a big danger of the road, especially at night, when there aren’t many cars on the road and the driver is not restricted by the speed of traffic and can drive as fast as she wants to.
One night she went out drinking again, just like she always did. She came home late and crawled into her bedroom. The following morning I didn’t see her car in the driveway when I went to work. When I came back she told me the car was impounded. The story was that she went to a bar in Walnut Creek and on the way home was speeding trying to get home as fast as she could. Just about a mile away from the apartment building we were living in she ran a red light and crushed into a car that was crossing the intersection. It was a pick up truck that she crushed into and her car was a sedan. The truck wasn’t severely damaged, but her car was smashed. She hit the steering wheel and her rib cage was injured. Not enough to warrant hospitalization though. The front of the car was totaled and she couldn’t drive. Otherwise, she said, she’d drive away scared of the consequences.
The pick up truck stopped at the time of the crash and the driver and his passenger helped my roommate out. They called 911. The police arrived shortly, impounded my roommate’s smashed vehicle and performed field sobriety test on my roommate which she naturally failed.
When she returned home she had no car, and no ability to drive to work. On top of that she was in pain from the sustained injury. Luckily she was the only one who sustained any sort of personal injury. Otherwise she would have been guilty and sustained criminal charges as well as civil penalties for personal injury.
I once had a roommate who drove drunk all the time. When she came home late into the night I was asleep. Some days she asked me to come out and check out her car. She’d say, “Can you please look at my car? I am scared to look at it.” Sure enough, there were some dents but nothing major. I was always worried that she’d get drunk and kill someone. Deep down I was hoping that she’d get busted and could not drive any more. Drivers like her are a big danger of the road, especially at night, when there aren’t many cars on the road and the driver is not restricted by the speed of traffic and can drive as fast as she wants to.
One night she went out drinking again, just like she always did. She came home late and crawled into her bedroom. The following morning I didn’t see her car in the driveway when I went to work. When I came back she told me the car was impounded. The story was that she went to a bar in Walnut Creek and on the way home was speeding trying to get home as fast as she could. Just about a mile away from the apartment building we were living in she ran a red light and crushed into a car that was crossing the intersection. It was a pick up truck that she crushed into and her car was a sedan. The truck wasn’t severely damaged, but her car was smashed. She hit the steering wheel and her rib cage was injured. Not enough to warrant hospitalization though. The front of the car was totaled and she couldn’t drive. Otherwise, she said, she’d drive away scared of the consequences.The pick up truck stopped at the time of the crash and the driver and his passenger helped my roommate out. They called 911. The police arrived shortly, impounded my roommate’s smashed vehicle and performed field sobriety test on my roommate which she naturally failed.
When she returned home she had no car, and no ability to drive to work. On top of that she was in pain from the sustained injury. Luckily she was the only one who sustained any sort of personal injury. Otherwise she would have been guilty and sustained criminal charges as well as civil penalties for personal injury.
New DUI Law In California
The new DUI law in California is that a DUI offender get a mandatory three-year probation. What that means to a DUI offender is that he or she cannot drive with any blood alcohol level. Even if you have one drink, you still cannot drive. In the event you are found driving with BAC of 0.01, you will be arrested and thrown to jail. That’s what they now call zero tolerance. No drinking and driving for three years.
So, what does it mean for those who have been caught with 0.08 BAC and charged with a DUI? In addition to DUI school of at least four months (they say it’s three, but it really is four months because of how the DUI school program is set up), fine or community service, and no drinking and driving at all for three years. How can you go out with your co-workers or have a date when you can’t have any alcohol? For many it’s going to be a challenge, but there are also ways to work around it, such as taking public transportation if you live in an area where you can easily get around by using public transit, or taking a cab is another option for convicted DUI offenders.
So, what does it mean for those who have been caught with 0.08 BAC and charged with a DUI? In addition to DUI school of at least four months (they say it’s three, but it really is four months because of how the DUI school program is set up), fine or community service, and no drinking and driving at all for three years. How can you go out with your co-workers or have a date when you can’t have any alcohol? For many it’s going to be a challenge, but there are also ways to work around it, such as taking public transportation if you live in an area where you can easily get around by using public transit, or taking a cab is another option for convicted DUI offenders.
Thursday, December 13, 2007
DUI resources and Links
Traffic Links
California Highway Patrol
California Office of Traffic Safety
California DMV Publications
California DMV's list of Traffic Schools (PDF)
What Should I do if I have an auto accident? State Bar of California pamphlet
Wednesday, December 12, 2007
Drunk Driving, DUI Arrest and DUI Defense
Welcome to DUI advice blog - the comprehensive web source to information related to DUI laws, DUI defense, and general advice on how to deal with the consequences of a DUI arrest.
DUI, driving under the influence of alcohol or drugs, or a combination of both, is responsible for a large number of serious accidents, injuries and deaths.
DUI is a serious offence that can lead to large fines and lengthy jail time. It is therefore, important to understand the state laws that apply to drunk driving and the actions that a DUI offender needs to take in order to ensure the lightest sentence and the shortest length of driver license suspension.
Additionally, DUI arrest and conviction can lead to substantially higher auto insurance rates and it is important to understand the impact of DUI conviction on your auto insurance rates.
DUI defense attorneys specializing in similar cases often offer a free half hour consultation to potential clients. It is advisable to consult with several attorneys before making a decision whom to hire. DUI is a criminal offence, thus you will need a lawyer whose area of expertise in criminal law. DUI laws in California are outlined in California Vehicle Code.
In addition to possible criminal conviction a DUI offender may face, there is an DMV administrative action in regards to driver license suspension. Here is a scoop of general information regarding DUI and license suspension from the Department of Motor Vehicles.
· I've just been arrested for DUI. What happens now?
· At the time of my arrest, the officer confiscated my driver license. How do I get it back?
· The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
· The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
· How long will my driving privilege be suspended if I took the chemical test?
· Do I need a hearing to get a restricted driver license to go to and from work?
· The officer stated I refused to take a chemical test. What does this mean?
· How long will my driving privilege be suspended for not taking the chemical test?
· How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
· How can I find a Driving Under the Influence (DUI) Program as ordered by the court?
· Need a Lawyer? LegalMatch allows you to present your case, and respond only to lawyers who want to help you. It's Free & Confidential.
DUI, driving under the influence of alcohol or drugs, or a combination of both, is responsible for a large number of serious accidents, injuries and deaths.
DUI is a serious offence that can lead to large fines and lengthy jail time. It is therefore, important to understand the state laws that apply to drunk driving and the actions that a DUI offender needs to take in order to ensure the lightest sentence and the shortest length of driver license suspension.
Additionally, DUI arrest and conviction can lead to substantially higher auto insurance rates and it is important to understand the impact of DUI conviction on your auto insurance rates.
DUI defense attorneys specializing in similar cases often offer a free half hour consultation to potential clients. It is advisable to consult with several attorneys before making a decision whom to hire. DUI is a criminal offence, thus you will need a lawyer whose area of expertise in criminal law. DUI laws in California are outlined in California Vehicle Code.
In addition to possible criminal conviction a DUI offender may face, there is an DMV administrative action in regards to driver license suspension. Here is a scoop of general information regarding DUI and license suspension from the Department of Motor Vehicles.
· I've just been arrested for DUI. What happens now?
· At the time of my arrest, the officer confiscated my driver license. How do I get it back?
· The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
· The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
· How long will my driving privilege be suspended if I took the chemical test?
· Do I need a hearing to get a restricted driver license to go to and from work?
· The officer stated I refused to take a chemical test. What does this mean?
· How long will my driving privilege be suspended for not taking the chemical test?
· How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
· How can I find a Driving Under the Influence (DUI) Program as ordered by the court?
· Need a Lawyer? LegalMatch allows you to present your case, and respond only to lawyers who want to help you. It's Free & Confidential.
Dealing with consequences of a DUI arrest
Finding a DUI Attorney
When you are faced with a possible DUI conviction, there is no better way to ensure that you get a lighter sentence than to hire a qualified DUI attorney. Whether you need legal representation in the criminal DUI action against you, a personal injury case, a legal claim against the manufacturer of your vehicle, or a general appearance in the court of law, you will need to hire an attorney that specializes in that specific area of law. Make sure that you check the attorney’s credentials, as well as references, and discuss your case in details during your initial consultation with an attorney you are thinking of hiring. Most law firms have a web site that you can look at to get a general idea of the firm and the attorney’s educational credential and expertise.
Don’t hire the first attorney you consult with. Shop around and spend some time to find the best attorney available in your area. It is important that you establish a rapport with an attorney of your choice. When you have trust in the skills and experience of your attorney, your court appearance will go smoother, ensuring the most favorable outcome of the hearing.
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