Archive for the ‘ DUI ’ Category

THE OTHER PENALTIES FOR DUI

Posted on: September 28, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense lawyerMost California drivers already know that the penalties for a DUI conviction in California – even for a first offense – are substantial. A first DUI conviction can mean up to six months in jail and a fine ranging from $390 to $1,000. You’ll be placed on probation for three to five years, your driver’s license will be suspended, you’ll be required to attend and pay for DUI school, and in Sacramento, Los Angeles, Alameda, and Tulare County, you’ll be ordered to install and pay for an ignition interlock device in your vehicle – after your driver’s license suspension ends. That’s a lot of punishment for a single mistake. Obviously, you want to avoid being prosecuted and convicted for DUI in California. If you’re accused of driving under the influence in Orange County, put your case immediately in the hands of an experienced Orange County DUI defense lawyer.

While the criminal punishments for a DUI conviction are formidable, the fact is that those penalties are only the start of your problems if you’re convicted of DUI. Your auto insurance rates will go up, and if your work involves driving, you could lose your job and find it tough to land a new one. And if your DUI was linked to a traffic accident, injury victims or wrongful death survivors could file a lawsuit against you in civil court. In September, the disabled victim of an intoxicated driver received $1.3 million in personal injury compensation. Andrew O’Brien, 26, was injured a year ago in Bremerton, Washington – in September 2014 – when a drunk driver crashed into him and his companion as they walked on a sidewalk. O’Brien suffered a traumatic brain injury; his friend was killed.

It can’t be emphasized enough – drinking and driving never, ever go together. You don’t want to be responsible for a death, a brain injury, or any other harm. Still, even good, responsible adults can make a serious mistake – or be wrongly accused – and end up charged with DUI under California Vehicle Codes 23152(a) and 23152(b). If you’re accused of DUI in Orange County, take your case immediately to an experienced Orange County DUI defense lawyer.

THE HGN TEST – ENTIRELY UNRELIABLE?

Posted on: September 23, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIf the police stop you in Orange County because they suspect that you’re driving under the influence, they may ask you to take one or more field sobriety tests (FSTs). Field sobriety tests are supposed to determine if you are too impaired to drive, but there’s substantial ongoing disagreement over the accuracy and usefulness of FSTs. If you are arrested for driving under the influence because you failed a field sobriety test, put your case at once in the hands of an experienced Orange County DUI defense attorney.

California police departments employ FSTs developed by the National Highway Traffic Safety Administration and the Southern California Research Institute. However, if it’s not rightly conducted, a field sobriety test can be difficult for even a healthy, sober driver to pass. The test that seems to be popular with police officers is called the Horizontal Gaze Nystagmus (HGN) test. Because alcohol disrupts the brain’s ability to control eye muscles, a jerking or bouncing of the eye – a movement called the nystagmus – becomes more apparent. An HGN test consists of a police officer asking you to watch the movement of a small object. As you’re looking, the officer looks at you to detect eye movement. Frankly, the entire procedure is suspect, and in the estimate of many, entirely unreliable. Failing the HGN test doesn’t even mean that you’re intoxicated – many who fail the test are using prescription medications or suffering from a neurological or visual impairment.

If you are arrested for DUI in Orange County on the basis of an HGN test, let an experienced Orange County DUI lawyer go to work for you. A good DUI lawyer can safeguard your rights, dispute the results of field sobriety tests, and fight diligently on your behalf for the justice you deserve. Arrange immediately to speak with an experienced Orange County DUI defense attorney if you are charged with DUI under California Vehicle Codes 23152(a) and 23152(b) – now or in the future – anywhere in southern California.

JUDGES MEAN WHAT THEY SAY

Posted on: September 10, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerIt happens more than you might think, and not just in Orange County. Someone drives to a court hearing and parks in the lot at the courthouse. Inside, a judge suspends that person’s driver’s license. When the hearing concludes, that person walks back to the parking lot and drives away – illegally. Across the country, more and more law enforcement agencies are learning that one easy way to catch those driving on a suspended license is simply to follow them from the courtroom to the parking lot. If your license is suspended in California as the result of a DUI arrest or conviction, don’t drive. You will be caught. If you’re charged with DUI in Orange County, obtain legal help as quickly as possible and contact an experienced Orange County DUI lawyer.

Four people were charged in August when Orange County sheriff’s deputies staked out the Newport Beach courthouse. The deputies tailed a number of suspects who had already been warned not to drive. Four of the suspects allegedly got into their cars and drove away from the courthouse. Those defendants now face steeper fines, possible jail time, and lengthier license suspensions. Their vehicles were impounded. In June, Orange County deputies conducted a similar operation at the same courthouse and made eight citations. DUI charges and license suspensions are not something casual that can just be ignored or brushed aside.

If you’re charged with DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b), it’s imperative to contact an experienced Orange County DUI lawyer as quickly as possible and adhere to that attorney’s advice. Don’t try to act as your own attorney, do not plead guilty, and while your DUI case is pending, do not break any other California laws. If you’re accused of DUI in Orange County now or in the future, help is available, but you must make the call to an experienced Orange County DUI lawyer immediately.

DUI – THE SECOND TIME

Posted on: September 4, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyFirst-time offenders are the overwhelming majority of DUI offenders in California. They’re charged once, convicted once, serve their sentences, and “learn their lessons.” If – within a ten-year period – you’re charged a second time in California with DUI, and if you’re convicted, the penalty will be harsher, and the judge will have more penalties available to impose on you. If you’re arrested for a second California DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b), you’re going to need good defense representation, and you’re going to need it immediately. Contact an experienced Orange County DUI defense attorney after any arrest for DUI in Orange County.

In California, a second DUI conviction within ten years of a first DUI conviction – or within ten years of a “wet reckless” conviction – could put you behind bars for a year and cost you a $1,000 fine. That second conviction also means that your driver’s license will be suspended for two years, you’ll be on probation for three-to-five years, and you’ll spend eighteen-to-thirty months in mandatory DUI education.

The good news is that even if you’ve been convicted of DUI within the previous ten years, an arrest isn’t necessarily a conviction, and a prosecutor still must prove your guilt beyond a reasonable doubt. The charge might be dropped – or you might be found not guilty – for a number of reasons. The police may have violated your rights before, during, or after you were arrested. DUI testing procedures may have been violated. Your DUI lawyer will challenge the state’s evidence and advocate aggressively for justice on your behalf.

Talk To A Orange County DUI Defense Attorney

The best advice is the advice everyone knows: don’t drink and drive. That’s the only sure way to avoid a first, second, or subsequent DUI conviction. Take a cab, arrange for a designated driver, or if you must, get a room for the night. It may be inconvenient, but it’s nothing compared with the inconvenience of fines and incarceration. Do whatever it takes to avoid driving under the influence in southern California. If you are accused of DUI in Orange County – or falsely accused – get the legal help you need and speak at once to an experienced Orange County DUI defense attorney.

AS ROUTINE AS BUCKLING UP?

Posted on: September 2, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerIf you’ve watched automobile safety technology advance over the last few years, it comes as no surprise. The U.S. Congress is now looking at legislation that would require automakers to install an ignition interlock device (IID) on every new car, bus, and truck. New York Representative Kathleen Rice is the sponsor of the legislation. An ignition interlock device works very much like a breathalyzer. A driver blows into the device, which measures the drivers’ blood alcohol content (BAC) level. If you’re over the legal limit, you won’t be able to start your car. Installation of an IID may be required by a California judge as one punishment for a DUI conviction; in Alameda, Tulare, Sacramento, and Los Angeles County, IID installation is mandatory upon a DUI conviction. You should contact an experienced Orange County DUI lawyer immediately if you’re accused of DUI in Orange County.

Back in 2011, the U.S. Centers for Disease Control and Prevention (CDC) reported that IIDs are significantly more effective than driver’s license suspensions when it comes to keeping convicted DUI offenders from getting behind the wheel. The CDC, the National Transportation Safety Board, and AAA have long recommended the mandatory use of IIDs for all DUI offenders. In a July 14 press release, Congresswoman Rice cited a University of Michigan study that says after the first fifteen years, IIDs in every car would lower the number of alcohol-related traffic deaths by 85 percent and reduce injuries by approximately the same figure.

Hire An Orange County DUI Lawyer

Representative Rice was formerly the District Attorney of Nassau County, New York. While the congresswoman’s IID proposal may or may not be approved this year by Congress, eventually “blowing” to start your car will probably become as routine as buckling your seat belt. Right now, however, if you’re charged with driving under the influence under California Vehicle Codes 23152(a) and 23152(b) in Orange County, make the call immediately to an experienced Orange County DUI lawyer.

WHEN A DUI CHARGE IS A FELONY

Posted on: August 26, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerYou can conceivably be charged with what the courts in California call a “Watson murder” – a second-degree murder charge – if you cause someone’s death while you are driving under the influence. DUI is typically a misdemeanor in California, but even without a fatality, there are several ways that a DUI violation can be charged as a felony. If you are accused of either felony or misdemeanor DUI now or in the future in southern California, contact an experienced Orange County DUI lawyer as quickly as possible.

In California, if you have three DUI convictions and you are charged with the crime for a fourth time – within a ten-year timeframe – that fourth DUI charge will be a felony charge. “Wet reckless” convictions are considered DUI convictions when counting prior offenses. If you have previously been convicted of a felony DUI – at any time – and you are charged again with DUI, you’ll again face a felony charge. If you cause an accident while driving under the influence and that accident results in a death, you can be charged with vehicular homicide or with the second-degree “Watson” murder. There’s no better reason to take a taxi or to find some other alternative to driving under the influence.

In Orange County, if you’re charged with driving under the influence under California Vehicle Codes 23152(a) and 23152(b) – as a misdemeanor or as a felony – retain the advice and services of a good DUI defense attorney immediately. You can go to jail for a year in this state for a conviction on the misdemeanor charge alone, so having legal representation is imperative. A good DUI attorney knows how to challenge blood test results and the testimony of prosecution witnesses. No result can ever be promised regarding the outcome of any criminal case, but savvy DUI attorneys win cases routinely for their clients in southern California, and when the evidence against a client is overwhelming, DUI attorneys help arrange for reduced or alternative sentencing. If you’re charged with DUI in Orange County, don’t wait – call an experienced Orange County DUI lawyer right away.

“ENHANCEMENTS” TO DUI SENTENCES

Posted on: August 19, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIf you’ve recently read that your local police agency is “cracking down” on driving under the influence, it’s nothing new. You could have read the very same news story half-a-century ago. And while fewer people die in alcohol-related crashes now than died fifty years back, all of the fines, penalties, and warnings seem powerless to keep a few genuinely dangerous drivers off the street. If you’re charged with driving under the influence in Orange County, get legal help immediately. Contact an experienced Orange County DUI defense attorney as quickly as possible.

The never-ending “crackdown” on DUI has resulted in “enhanced” sentences in California. What that means is that when you are convicted for DUI, your sentence can be lengthier if – for example – you were speeding or you had a child under 14 as a passenger. Here’s a list of the sentencing enhancements that apply in California DUI cases:

  • High blood-alcohol content (BAC) reading: The state enhances a DUI sentence when a driver’s blood-alcohol content level reaches or surpasses 0.15 percent, almost twice the legal limit.
  • Previous convictions: If you were convicted of DUI in the last 10 years, your minimum jail time, DUI school attendance time, and license suspension duration may all be “enhanced” as part of your sentence.
  • Speeding or reckless driving: If the offender was driving 20 or more miles-per-hour over the limit (or 30 or more miles-per-hour over the limit on a highway), a DUI sentence will be enhanced.
  • Accidents and injuries: Property damage is a DUI penalty enhancement, but if an impaired driver injures anyone, the DUI will probably be charged as a felony.
  • Endangering a child: An enhancement is imposed if anyone under 14 is in a vehicle when the driver is pulled over for suspicion of DUI.

An experienced Orange County DUI defense attorney can challenge the prosecutor’s case and advocate on your behalf if you are prosecuted for DUI under California Vehicle Codes 23152(a) and 23152(b). Whether or not you also face enhancement charges, if you’re accused of DUI now or in the future, contact an experienced Orange County DUI defense attorney as quickly as possible.

CAN YOU REFUSE TO BE TESTED FOR DUI?

Posted on: August 5, 2015 by in DUI
No Comments

California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyPersons accused of driving under the influence in California need swift legal help. After an arrest for DUI in southern California, immediately arrange to speak with an experienced Orange County DUI defense attorney. When you’re driving and you are pulled over by police officers in southern California, they may ask you to submit to one or more field sobriety tests (FSTs). Unless you are under 21 or on probation for a previous DUI conviction, you are not required to take any field sobriety test, and most California DUI lawyers recommend that you don’t. The three most common FSTs used in California work like this:

1. In the “walk-and-turn” test, a driver is asked to walk a straight line, turn, and walk back.

2. In the “one-leg” test, a driver must try to stand on one leg without wobbling.

3. In the “horizontal gaze nystagmus” test, a driver has to follow an object visually so that the driver’s eye movements can be observed.

Chemical DUI tests are supposed to be more “scientific” and precise, but they aren’t necessarily either. Urine, blood, and breath tests are conducted to measure a suspect’s blood alcohol content (BAC) level. Unless you are on probation for a previous DUI or you are under 21 years old, you should politely decline to submit to a chemical DUI test until you have actually been arrested. However, after an arrest, your license can be suspended for up to a year if you refuse to submit to a chemical DUI test.

Hire an Orange County DUI Defense Attorney

No matter what the result of any test is, you cannot be convicted of driving under the influence unless the prosecution can prove your guilt beyond a reasonable doubt. If you are accused of DUI in Orange County, contact a good DUI lawyer right away. Let an experienced Orange County DUI defense attorney protect your legal rights and fight for justice on your behalf. If you are charged with DUI under California Vehicle Codes 23152(a) and 23152(b) – now or in the future – make the call immediately.

THE WET RECKLESS OPTION IN DUI CASES

Posted on: July 29, 2015 by in DUI
No Comments

Orange County DUI defense lawyerCalifornia Vehicle Code 23103 and 23103.5

DUI suspects in the state of California are sometimes provided with the chance to avoid a conviction for DUI by pleading instead to a “wet reckless” charge. It’s not a crime that the police can charge against you; wet reckless is the monopoly, so to speak, of California’s prosecutors. Under California Vehicle Code 23103 and 23103.5, wet reckless is sometimes offered to DUI suspects as a plea bargain option. If the case against you is “open and shut,” agreeing to the wet reckless plea bargain may in fact be your best alternative, or it may not. If you’re charged in Orange County with driving under the influence, speak first – and immediately – with an experienced Orange County DUI defense lawyer.

A nolo contendere plea to a wet reckless charge keeps a DUI conviction off your record, so if you drive for a living or hold a professional license, your employment shouldn’t be affected. Your fine will probably be lower, and you’ll avoid any time in jail. However, the California Department of Motor Vehicles may still act to suspend your license temporarily, and if you are charged again with DUI within the first ten years after a wet reckless conviction, California courts will consider that wet reckless conviction to be the equivalent of a previous DUI conviction.

No outcome can ever be promised in any specific criminal case, but an experienced Orange County DUI defense lawyer will fight aggressively on your behalf to bring your DUI case to its best possible conclusion. If there’s any flaw or error in the state’s case against you, a good DUI lawyer will find that flaw and use it to your advantage. If you are accused of driving under the influence in Orange County or anywhere in southern California, don’t delay. Get the legal help you need and contact an experienced DUI defense lawyer as quickly as possible.

NOT THE SCHOOL YOU WANT TO ATTEND

Posted on: July 20, 2015 by in DUI
No Comments

Orange County DUI attorneyCalifornia Vehicle Codes 23152(a) and 23152(b)

From jail time to fines, probation, and driver’s license suspensions, the penalties for a DUI conviction in California are quite serious penalties. A DUI arrest in California actually triggers two separate procedures: a criminal prosecution for the DUI charge itself, and an “administrative” procedure by the California Department of Motor Vehicles (DMV) to suspend your driver’s license. DUI classes are usually ordered by the criminal court after a conviction, and the same classes are also typically required by the DMV to keep or to regain your license. Yes, it’s confusing. If you are arrested and charged with driving under the influence in Orange County or elsewhere in southern California, arrange to contact an experienced Orange County DUI attorney as quickly as possible.

Orange County drivers convicted of driving under the influence are typically required by the court to enroll in alcohol or “DUI education” classes. For a first conviction, it’s usually 36 hours of classes stretched over twelve weeks. Some offenders will qualify for a restricted drivers’ license for getting to and from DUI school. A conviction for a second offense usually means 18 months of classes, and no restricted license is offered. A third or subsequent DUI conviction within a ten-year period can mean classes for two-and-a-half years. Every time an offender is sent to DUI school, that offender must pay his or her own “tuition,” which is not inexpensive.

DUI classes are something to be avoided. They’re time-consuming, costly, and exceedingly inconvenient. If you are accused of DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b), a good DUI lawyer can help you fight the charge, challenge the prosecutor’s case and witnesses, contest any DUI test results, and fight tirelessly to bring your case to its best possible conclusion. If you are charged with driving under the influence in Orange County, speak immediately with an experienced Orange County DUI attorney.