If you’re facing charges of driving under the influence in the Southern California area, you need to hire a lawyer who specializes in handling DUI cases. Since DUI law can be very complicated, it is important that you don’t try to represent yourself or try to save money by working with an inexperienced attorney who is not a DUI defense expert. This is a sure way to lose your driving privileges or even lose your criminal case in court. DUI lawyers Southern California specialize in handling DUI cases so they keep up on all of the latest developments in the field. If new information becomes available in the area of DUI defense, your attorney will be one of the first to know. Attorneys who specialize in DUI defense also have contact with many experts who can serve as witnesses during criminal trials or provide additional information that can help you win your face. DUI lawyers Southern California can help you to have a positive outcome at the close of your DUI case.
DUI Lawyers Southern California & California DUI Cases
In California, there are two parts to DUI cases. Knowing the two parts is important because they can affect how the prosecutor in the case chooses to proceed. If the prosecutor decides to handle your case based on your impairment, s/he may introduce testimony from law enforcement officers and other witnesses. The purpose of the testimony will be to show that you were too physically impaired to safely operate a motor vehicle at the time of your arrest. Testimony may be given about your driving habits, behavior at the time of arrest, physical appearance, and performance on field sobriety tests. The other way a prosecutor can handle the case against you is by focusing on the results of any chemical testing that was performed on the day of your arrest. If your blood alcohol meets or exceeds California’s legal limit of 0.08%, the prosecutor can show that you were guilty of driving under the influence. Chemical testing can be complicated to understand, so having DUI lawyers Southern California on your team can help you to defend yourself against the charges if the prosecutor chooses to focus on chemical test results.
DUI Lawyers Southern California & DUI Driving Penalties
Driving under the influence in the state of California will result in the suspension of your driver’s license before your criminal trial even takes place. California does allow you to appeal the suspension so that you can continue driving to work and other places while you wait for your trial. Having DUI lawyers Southern California to represent you during the DMV hearing can make the difference between getting your driving privileges reinstated and having to serve out the remainder of your suspension period. Your attorney can speak on your behalf and let hearing officers know how important your driving privileges are for keeping your job and meeting the obligations of your life.
DUI Lawyers Southern California & Criminal Penalties for DUI
There are a number of criminal penalties that can be imposed on people who have been convicted of driving under the influence. Many factors are taken into account before these penalties are levied against offenders. Your history, community involvement, prior DUI offenses, criminal record, and other circumstances will be considered by the judge in your case. Your first convicted can cause you to be sentenced to up to six months in jail, license suspension for six months, and fines of $390 to $1,000. If you are convicted of a second offense within a ten-year period, you can be sentenced to license suspension for two years, 90 days in jail, and fines of $390 to $1,000. Your third offense is more serious and can result in sentencing of license suspension for three years, 120 days to one year in jail, and fines of $390 to $1,000. In California, a fourth DUI is treated as a felony and the penalties increase accordingly. They include license revocation for four years, two to three years in prison, or fines of $390 to $1,000.
Having DUI Lawyers Southern California available to represent you during your criminal trial and any administrative proceedings you may face is extremely important. If you want to have a chance of winning your case, hire a qualified attorney to represent you. You’ll have access to expert witnesses and a legal professional who specializes in DUI defense to speak on your behalf and work to help you defend yourself successfully against driving under the influence charges.
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Driving under the influence in California can garner harsh consequences, as Californian drivers face the toughest fines compared to any other state. Motorists who are caught intoxicated face criminal charges from the courts, but also face license penalties handed out by the DMV. Even if you are a first-time perpetrator, you face criminal charges which can result in fines, jail time and alcohol abuse programs, while the DMV can suspend your license for up to one year, even if you are below the legal limit of .08%. California law stipulates that an officer has the power to place you under arrest, even if you are below the legal limit of .08%, due to irregular driving or if you fail to pass a sobriety test.
Most first-time perpetrators will not be given jail time, but if your BAC (blood to alcohol) level is high enough, the judge may feel that jail time is appropriate; however, prior arrests will also factor into the judge’s decision. First-time culprits face up to 96-hours of jail time to as high as six months, but again, this is all up to the judge, who will look at prior criminal charges you had upon the time of your arrest. Motorists can get off with no jail time, but no jail time will mean they will get probation and community service hours, and if they earn another DUI within a 10-year period, then they face up to six months of jail time or as little as 96 hours. In addition to probation and community service, an offender will face court fees, which can be as little as $390 to as high as $1,000, but again, this depends on an individual’s BAC level upon his arrest. Besides the fines, probation and community service, you will have to get a Southern California DUI attorney in order to prevent your license from being suspended. DUI offenders will be required to enroll in an alcohol treatment program, and if the BAC levels are higher than .20%, the person faces 60 hours of classes, while offenders with less than .20% face 30-hours of classes.
Along with all the criminal consequences a person faces, he also faces license limitations determined by the DMV that can range from a four-month suspension for a first-offense, 1 year for second and so forth. With a lawyer present, you can have the four-month suspension lowered to just five months of restricted driving, but this will also require proof that you have enrolled in a DUI school. It is necessary to note, the offender must request a “per se” hearing 10 days after being arrested to avoid having his license suspended, and this will require a legal counselor to be present. Regardless, if you have an LA County or Orange County DUI attorney, you must be accompanied by a lawyer to mitigate the hearing and avoid further restrictions on your license.
Southern California DUI attorney Parker has been qualified to administer Standardized Field Sobriety Tests by the National Highway Traffic and Safety Administration (N.H.T.S.A.). Additionally, Orange County DUI attorney Parker is a member of the National College for DUI Defense, California DUI Lawyers Association, National Association of Criminal Defense Lawyers, and California Attorneys for Criminal Justice.
When Randy Snyder saw the lights flashing on his way home from a party last New Year’s Eve, he knew that he was in trouble. He had just been pulled over for a DUI. California law is harsh when it comes to drunk driving.
The police officer gave Randy a “field sobriety test” and then took him to the station for a blood alcohol test. Then Randy was placed in jail to “dry out” until the next day.
But the case was just starting. The arrest initiated two separate cases. A DUI in California gets filed in both criminal court and with the state’s Department of Motor Vehicles. Randy had just 10 days to contest the suspension of his driver’s license with the DMV.
The courts in California no longer have the power to suspend or revoke a driver’s license in a DUI case. That power now lies solely with the DMV. That is why it was so critical that Randy retained a DUI attorney just two days after his arrest. If he had waited any longer, it would have been too late for the attorney to file the necessary paperwork to challenge the suspension.
But the nightmare wasn’t over yet. Randy had to take time off work to go to court. The lawyer worked out a plea agreement so that Randy wouldn’t have to spend any more time in jail. But he was ordered to attend a 52 week alcohol course, which he found quite intrusive into his life.
Randy is certain that he will never drive drunk again. But he knows that he got off a lot lighter than he would have if he hadn’t retained an attorney right away.
Driving under the influence is the act of driving a motor vehicle while affected by drinking alcohol or taking other drugs. In most of the countries this is considered a criminal offense. Yet, is a common fact, as statistics show that in each year in California there are approximately 200,000 arrests for DUI. As a result of that, certain Los Angeles criminal lawyers have a great experience in defending persons facing these charges.
The specific criminal offense has various names, depending on the jurisdiction:
• driving under the influence (DUI)
• driving under intense influence (DUII)
• driving while intoxicated (DWI)
• operating under the influence (OUI)
• operating while intoxicated (OWI)
• operating a motor vehicle while intoxicated (OMVI)
• driving under the combined influence of alcohol and/or other drugs.
California has two basic DUI laws, according to which it is a misdemeanor to drive under the influence of alcohol and/or drugs, and it is a misdemeanor to drive with 08% or more of alcohol in your blood.
Your legal rights in case of DUI charges
In case you are arrested for driving under the influence you should be aware of certain legal rights that you have:
• There must be legally sufficient facts to stop, detain and arrest you.
• The law does not require submission to field sobriety testing and portable field breath testing.
• Once arrested, you must be advised of your constitutional rights.
• You must be given a choice of breath or blood testing.
• If a breath test is administered at the police station, you must be given a chance to obtain a blood sample for later independent testing by your DUI attorney
Possible DUI Penalties in Los Angeles Area
The legal penalties vary according to the gravity and the number of the offense. For example for driving under the influence of alcohol or drugs, at the first offense the Penalty consists in 96 hours – 6 months county jail, fine, 6 months license suspension, probation and treatment program. At the second Offense you can get 96 hours to 1 year county jail time, fine, 24 months license suspension, probation and treatment program. At the third offense the penalties vary between 120 days to 1 year county jail time, fine, 3 years license revocation and determination as a habitual traffic offender.
If driving under the influence of alcohol or drugs caused bodily injury the penalty at first offense includes 90 days to 1 year county jail, or state prison, 1 year license suspension or revocation, probation and treatment program.
Find out more about DUI Laws in Los Angeles
Contact Sigal Law Group for more information about DUI laws and experienced defense representation in case of a criminal charge in Los Angeles.
Being charged with DUI is usually scary and humiliating, and makes it necessary that you contact a competent DUI lawyer straight away. Among the best things which you’re able to do when you have been arrested for DUI is to speak to a DUI lawyer that has handled cases that are like yours. A major worry that almost everyone who’s charged with DUI share happens when (and if) their driving privileges will likely be regained.
Getting Your Driver’s License Taken
California law mandates that a California Highway Patrol officer or any other police offer immediately forwards a document known as the Notice of Suspension or Revocation as well as your seized driver’s license into the Department of Motor Vehicles (DMV), along with the officer’s report. This form, which is known as a DMV Form DS 367, will be reviewed by a DUI specialist in the DMV. This DUI specialist is given the job of reviewing the Notice of Suspension or Revocation, including conducting a report on any breathalyzer results, blood test results, as well as the complaining officer’s report.
Challenging Your Suspension or Revocation
Under California law, you have only 10 days to request a hearing from the California Department of Motor Vehicles (DMV) following a DUI charge. During this time period, your DUI attorney can aid you to submit evidence as well as other information that’s required by the DMV. When the DMV upholds the suspension or revocation in the DUI specialist’s administrative review process, you’re permitted a hearing. This hearing is performed before a DMV hearing officer. At this hearing, both you and your DUI lawyer can contest the suspension or revocation formally. Should they think acceptable, among the options that the DMV has will be to set aside the action. Your lawyer and you will be able to present or challenge evidence that pertains to the revocation or suspension of your driving privileges. The objective of an effective lawyer is to attempt to establish that the officer which was involved with the arrest has not got the needed evidence in order to meet the standard of evidence that is needed to impose revocation or suspension of your driving license.
Pending the end result of the DUI charge, sometimes drivers who are arrested for DUI in California can be issued a temporary driving license. If the license was valid once you received your DUI charge, then this temporary license will usually provide the right to drive for 30 days from the date of issue. A temporary license isn’t the same as the hardship or restricted license.
The Duration of Your Suspension
Should you be found guilty of DWI or DUI, you then might lose the ability to operate a vehicle for a certain length of time. Although the amount of time that you’re going to lose your driving privilege can vary from judge to judge and depends quite a lot on the skill and expertise in your DUI lawyer, typically a first DUI conviction brings about a suspension of the driving privilege for four months. Your driving privileges may be suspended for 1 year when you have 2 or more offenses within ten years of one another. If you’re a licensed driver that’s younger than twenty-one years old, and the BAC (blood alcohol content) was in excess of 0.01% at the time you were arrested, then being found guilty of DUI will get your license suspended for one year without hope of obtaining a restricted license.
DUI or DWI convictions are extremely disconcerting and will become a huge setback for somebody having an otherwise bright future. Contacting an experienced DUI lawyer without delay to go over the merits of the case against you can aid to minimize the damage that this serious charge afflicts on your life.
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DUI arrest in California can harmfully impact your life and your associates. It is a serious offense in this state. Immediate results of a DUI arrest include loss of driver’s license, steep insurance payments, possible imprisonment and others penalties. It is found that most of the DUI arrests are first time offenders. Each state has its own law to govern DUI arrest. During DUI arrest the alleged offender is subject to any number of chemical tests of their blood, urine, or breath, even field sobriety tests. Refusal can lead to serious consequences with additional penalties and fines.
A DUI arrest can be charged based on the damage done by the offender. It can be charged as a misdemeanor or a felony crime. Apart from state law the motor vehicle department also punishes DUI arrest offenders. It can seize the vehicle for a certain period of time. If the offenders are more than one then they may be required to spend some time in jail, suspension of their licenses and often required to go for alcohol treatment program. The risk for repeat DUI arrests is higher among young persons with histories of numeric traffic violations and a high alcohol concentration at arrest. Many effective strategies have implemented by the state in order to prevent DUI accidents. This includes mass education, community awareness and media campaigns about the serious impact of drunk driving. Strong and mandatory state legislation should be directed towards persons arrested for DUI. This could further prevent injuries and deaths in DUI related accidents.
Most of the implications of a DUI arrest are difficult to handle. At first you might have failed to understand what to do when you are arrested for DUI. The wise decision is to hire a knowledgeable and aggressive DUI attorney. They know the state, its laws and your rights.
California DUI Lawyers provides detailed information about California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is the sister site of Florida DUI Attorneys [http://www.e-FloridaDUI.com].
The number of live DUI accidents is increasing with alarming rate in the state of California. To prevent such crimes, strict DUI laws were made with much stricter DUI penalties. DUI penalties are getting tougher, especially for the repeat offenders, in order to hold back some dangerous drivers from getting back on the roads too easily. Even for the first time offenders DUI penalties are tough. Last year the number of DUI related accidents decreased, which shows the progress of laws and its penalties. Therefore, lawmakers now concentrate on more expensive and less merciful penalties to prevent the intoxicated drivers from getting behind the wheel.
Strict DUI penalties are more serious and aimed at forcing people to think more carefully before driving. Since DUI accidents is a criminal offense its penalties should be accordingly. It is true that DUI laws vary from state to state but the penalties are much alike. Jail time newly added to improved DUI laws in the state to keep offenders locked up in jail for long period to prevent the risk of damage. Harsh penalties can only curb the number of DUI accidents. Harshness of penalties largely depends upon the damages the accident had done. California DUI penalties are based on a non-enhanced DUI conviction. DUI penalties and punishments significantly increased when some aggravating factors involved in the accidents. Like child in the car, high speed, without license driving, high blood alcohol content level and so on.
California DUI laws are complex and strict, as are the penalties. Some of the serious penalties are vehicle impoundment, high fines, house arrest, long jail term, local incarceration, suspension or cancellation of driving license, and so on. If you are involved in any DUI case then be ready to face severe DUI penalties. Consulting an experienced DUI attorney is an immediate option. They know the technicalities of DUI laws and the rights of the citizen, so they can easily minimize the DUI penalties.
California DUI Lawyers provides detailed information about California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is the sister site of Florida DUI Attorneys [http://www.e-FloridaDUI.com].
DUI (driving under the influence of alcohol and/or drugs) is a criminal offense. Drunk driving refers to an act wherein a person operates a motor vehicle under the influence of alcoholic beverages or chemically controlled substances. Operating a vehicle in an inebriated state not only risks the life of the driver but also imperils other people’s lives. The state of California limits the blood alcohol level (BAC) to 0.08%. A person above this percentage is not entitled to legally operate a motor vehicle. Thus, a driver’s BAC is used as evidence in cases of DUI. The BAC level in a person’s body is measured by checking a blood or urine sample. It can also be measured by using a Breathalyzer.
Since DUI is a criminal offense, it has stiff penalties. Such penalties depend on the severity of the offense. Fines are also dependant on a person’s past records. On being charged, the offender’s car may be impounded for up to 90 days at his own expense, or even sold with the earnings going to the city or county. The penalty will be increased by 60 additional days in jail if while driving under the influence a person also drives recklessly or at a high speed. In extreme cases, the license may also get confiscated. The increase in the number of DUI cases has led a number of lawyers to specialize or concentrate entirely on these types of cases. As such, a person facing a DUI charge can now avail of help from the best lawyers who are well versed and experienced in this field. These lawyers tend to be expertly familiar with all the particulars and nuances involved with DUI offenses. They have an in depth knowledge of the law and are able to navigate through various loopholes in order to safeguard their clients and help them get the lowest possible sentences.
Preparation, knowledge, and an excellent DUI attorney are person’s best defenses. The fees charged by an experienced lawyer may be high but it is seen that many reputed lawyers do work on contingency basis. As such, it is possible to hire a reputed lawyer with limited financial resources.
California DUI Lawyers provides detailed information on California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is affiliated with California DUI Defense.
If you have been charged or convicted for a DUI after January 1, 2010, then there are new laws that will be implemented by the courts and the prosecution beginning January 1, 2010.
The standard plea for a first-time DUI offense in Los Angeles County includes an order from the court to complete a first offender alcohol program (AB 541), 36 months of summary probation and a fine plus penalty assessments that usually totals about $2,000.00. The standard first-offender plea agreement only applies to those DUI cases that do not involve bodily injury.
However, beginning January 1, 2010, the court will also impose an order that will include installation of an interlock ignition device (IID) on any vehicle that the defendant drives. The device will be imposed for a mandatory time of 5 months.
The IID is a device that is installed in your vehicle that requires you to blow into a machine that will measure your Blood Alcohol Concentration (BAC). In other words, a breathalyzer. Vehicles that have an IID in place will require the driver to provide a sample of breath before the vehicle will start. The IID will have a predetermined BAC level and if the sample of breath exceeds the predetermined BAC level then the vehicle will not start.
The device is equipped with a log that stores the evidence, and includes all passes, warns and fails. Because the machines are monitored every certain period of time, the evidence collected will be reported to the relevant authorities. This is required not only for evidence collection, but also to ensure that the IID is calibrated correctly.
These devices also collect data about any attempts of circumvention and tampering. Again, any evidence found will be reported to the relevant authorities. Further, there will be penalties imposed against those individuals who assist in the tampering or circumvention of the IID device.
How does the IID affect you? Many people have jobs that require that they drive for a living. For example, drivers (bus, school, courier service, ambulance) may lose their job due to this new law. Most employers will not consent to their vehicles being fitted with IID devices so that you can start the car. In addition to the embarrassment associated with the act of blowing into the IID prior to ignition. It is likely that you will be terminated.
Finally, the cost of the IID device will also be a burden on you. It is your responsibility financially to have the system installed. The cost for the IID is usually about $2.50 per day, plus an installation fee that will range from $75.00 to $100.00.
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Driving under the influence (DUI) of alcohol or drugs is an offence that is liable to be punished by law. Drunk driving is the act of operating a motor vehicle under the influence of alcohol. In California, conviction for the offence of DUI carries stringent penalties & punishments.
Penalties for a first DUI offense may include probation ranging from 3 to 5 years, a fine that may go up to $1800, or a 6 month loss of California driver license. A court may also ask an offender to attend DUI schooling for a period ranging from 12 hours to 45 days. Apart from this, there also exists a 48-hour mandatory jail sentence that a person is bound to serve. However, it is possible to have this sentence converted to work service.
Penalties for a second DUI offence may include a probation period ranging from 3 to 5 years, a fine that may go up to $2800, or an 18 month loss of driving license. An 18-month compulsory DUI program may also be awarded. On the occurrence of a second offence a mandatory 96-hour jail term is sentenced. It is also possible to have this sentence converted to work service.
On being charged for a third time with a DUI offence a 3 to 5 years of court or formal probation may be awarded. A formal probation unlike court probation requires a person to report to a probation officer on a regular basis. The amount of fine charged may range from $1800 to $2800. Being charged a third time might also lead to a loss of license for up to 3 years. 18 months of compulsory attendance to a DUI school may also be awarded. The above-mentioned penalties may be combined with a required jail term of 120 days.
A fourth offence is generally considered a felony DUI. Punishment for the same includes up to three years in state prison, permanent termination of license and more. On being charged with DUI it is advisable that a person seeks the help of a professional attorney having adequate amount of defense expertise in the same.
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