DUI Law
Jail time and other Penalties for DUI
People often ask how much jail time can a person expect for a DUI conviction. The answer is: it depends. It depends on several factors such as whether the case is filed as a misdemeanor or a felony. In addition, the circumstances of the case plays a significant role in determining the penalties. Also, what Court where the case is filed plays a role. In addition, there are more penalties to consider other than just jail time. Below is a discussion of the various penalties usually associated with DUI convictions: […]
How long does a DUI stay on your record in California?
The short answer is that a DUI stays on your driving record for 10 years in California for the purposes of using it as a prior conviction to aggravate the penalties for a new DUI conviction. The 10-year period starts from the date of your arrest. A DUI conviction can stay on your criminal record much longer – even permanently. […]
Can I get a DUI while driving high?
Many people ask, “can i get a DUI for driving high?”, and the answer is yes. Alcohol is not the only way to get a DUI. Today, marijuana is legal in California as far as recreational use. And police officers are very well trained to detect marijuana use. Cops are very well trained to detect the use of prescription medication and marijuana. If you’ve been arrested for a DUI, give me a call so we can examine the facts of your particular case, and figure out what’s the best way to defend your case. […]
What are my rights if I get stopped by the police?
People often ask, “what are my rights if I get stopped by the police?” The officer is going to ask for your registration, your license and proof of insurance. Other than that, you don’t have any obligations to answer his questions or to do anything else for that matter. The fifth amendment of the US Constitutions says that no one can force us to say anything that would incriminate ourselves. Officers will ask you to do a field sobriety test. Officers will often times ask you to blow into a preliminary alcohol screening device, which [...]
What happens when you get a DUI in California?
Two Proceedings: There are two separate and distinct proceedings that occur with every alcohol related DUI arrest. First, the Department of Motor Vehicles (DMV) will take action against your driving privilege by trying to suspend your license. Second, the District Attorney/City Attorney will try to punish you for breaking the law by filing criminal charges against you in Court. The following is a summary of each proceeding. Keep in mind that even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is [...]
How Much is a DUI Attorney?
There’s an old saying – “cheap lawyers are not good, and good lawyers are not cheap.” How much a DUI defense attorney will cost you depends on what your goal is regarding your case. Don’t hire a DUI defense lawyer strictly by price. Most DUI attorney fees are “flat-fee” based. The cheapest attorney will not be the best one to defend your DUI case, as they will do very little for you. You will want an attorney who cares about your case and that you feel comfortable with. Talk to the attorney directly and find [...]
What does DUI “Per Se” mean?
“Per Se” means “by or in itself.” California Vehicle Code 23152(b) makes it a crime to drive a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher. Often referred to as California’s “per se” DUI law, this section means that someone driving “at or over the BAC limit” of .08% or more, the person can be found guilty of DUI, even if it cannot be proven that he or she is actually “under the influence” of the alcohol. Thus, the BAC level itself is an illegal level. […]
What is a Felony DUI?
Felonies are the most serious kind of criminal charge, punishable by State prison and major fines. It is no different with a DUI. In California, a DUI can be filed as a felony by the prosecuting agency. If you’ve been arrested for DUI, it’s important to know what kind of charge you face, and what this means for your case as well as your exposure. But first, you should know the difference between the two types of charges. […]
What is a DUI conviction?
A DUI conviction means that you’ve been found guilty of either DUI, driving while under the influence of alcohol or drugs, or you’ve been found guilty of driving with a .08 or more blood alcohol concentration. Either you plead guilty, meaning you decided to throw in the towel and be done with it, or a jury found that there was enough evidence that the government had proved your guilt beyond reasonable doubt. […]
What are California DUI penalties?
People who have been arrested for DUI’s often ask, “What are the penalties?” Well the penalties are going to revolve around certain areas. Jail, probation, fines, alcohol classes, and any other terms of a probation that a judge might give you based on the aggregated factors in your particular case. […]
