DUI: November 2009 Archives

November 27, 2009

Can a San Diego Criminal Defense Attorney Get DUI Charges Reduced?

One of the questions asked most often regarding a DUI charge in California is whether a San Diego criminal defense attorney can get DUI charges reduced. The criminal defense attorneys that handle DUI cases in California often defend more than 100 DUI cases per year, giving them a wealth of experience in how to best argue your case for a reduction of charges. Although there is no guarantee that the criminal defense attorney will be able to get the DUI charges dismissed, there is a great chance that they will be able to get the charges and penalties reduced by a significant amount by arguing your case effectively.

California drunk driving laws allow the judge to exercise a considerable amount of discretion when it comes to sentencing for a DUI conviction. For example, the recommended jail sentence for a first time DUI conviction ranges from 4 days to 6 months. Having a San Diego criminal defense attorney arguing your case in front of the judge increases the chances that the judge will be persuaded to hand down a lighter sentence. Criminal defense attorneys are skilled in the presentation of evidence and the explanation of extenuating circumstances to reduce the apparent severity of a DUI arrest.

In some cases, criminal defense attorneys have been able to successfully argue against the reliability of certain tests that are commonly used by police officers in the field to determine the sobriety of an individual during a DUI arrest. Field sobriety tests, chemical testing, and breathalyzer machines do not always produce accurate results and if the attorney is able to shed doubt on the validity of the testing used to justify the DUI charges, then the charges may be reduced or dismissed by the judge presiding over the case. There are a number of different methods that can be used to get California DUI charges reduced and a good San Diego criminal defense attorney will know all of them.

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November 20, 2009

What Happens After a California DUI?

Drunk driving and driving under the influence cases are becoming the most common offenses in the court system today, with thousands of individuals in the state of California being charged with these offenses every year. Although what happens during the traffic stop that resulted in the California DUI charge dictates what charges are ultimately brought against you, what happens after a California DUI charge is just as critical to the eventual outcome of the situation. It is important for you to know what your options are for minimizing the impact of a California drunk driving charge on your life.

The first thing that you should do after a California DUI is to contact a criminal defense attorney that specializes in California DUI defense. These attorneys handle hundreds of DUI cases every year and are your best resource for exploring your options for defending yourself against the DUI charges levied against you. Because the evidentiary and procedural aspects of DUI defense have become complex over the last decade, it is recommended that you choose an experienced DUI defense lawyer to ensure an effective defense.

During the trial to determine whether a DUI conviction is warranted, the judge will review the evidence in the case, including the results of any field sobriety tests issued during the original traffic stop, statements from the arresting officer, the results of any breath or chemical testing, and whether there were any special circumstances surrounding the arrest. The criminal defense lawyer will have a chance to speak on your behalf and offer any evidence that could reduce or dismiss the charges against you. If the judge determines that a conviction is warranted, then they will issue the judgment along with the penalties that are required by law after a conviction for a California DUI.

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November 13, 2009

An Overview of California Drunk Driving Laws

If you are a driver in the state of California, it is very important for you to know and understand California drunk driving laws. Although many of the laws on the books in California follow federal guidelines and are similar to the drunk driving laws of other states, it is important to know what the laws in California are instead of assuming that all drunk driving laws are the same.

Under California drunk driving laws, a person is considered to be under the influence of alcohol if the alcohol content of their breath or blood is higher than 0.08%. The measurement of the alcohol content can be done by using a breathalyzer machine or a simple chemical test to determine the person's level of intoxication. In nearly all cases, these tests are performed after the person has failed several field sobriety tests and have been transported to a specific, police-controlled location for testing.

If a person is arrested under California drunk driving laws, they then have the option of pleading guilty to the charges or hiring California DUI lawyers to attempt to prove their innocence. The person will appear before a judge who, after hearing all of the evidence, will determine if a conviction is warranted and the punishment that will accompany the conviction. Although California drunk driving laws including sentencing guidelines for the offense, the judge often has some leeway in sentencing and will make the determination based on the extenuating circumstances surrounding the drunk driving arrest.

There are a number of penalties that can be assessed after a conviction for a California DUI. The person will have to serve a mandatory jail sentence and will be fined a hefty amount for breaking the law. They will also have their driving privileges suspended and their driver's license revoked for a period of time set by the judge. Other penalties include mandatory attendance at a state drunk driving school, community service requirements, the installation of an ignition interlock device on the vehicle, and a probationary period of up to three years. California drunk driving laws are clear about the consequences of driving under the influence in the state.

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November 6, 2009

The Negative Effects of a California Drunk Driving Conviction

Although you may think that the most horrible elements of getting a California DUI is the actual arrest and the humiliation of having to go to court to plead your case, in actuality the negative effects that result from a California drunk driving conviction can be much worse than you realize. The effects of a conviction can last for a significant length of time after the conviction and may still be affecting your life for many years after the conviction has occurred.

The immediate after effects of a California drunk driving conviction are predictable. The person will lose their driving license and have their driving privileges suspended for a period of time ranging between 6 months and 1 year. Being convicted of a California DUI will also result in a jail sentence of 4 days to 6 months depending on the circumstances surrounding the arrest. The judge may require the convicted to attend a state approved DUI school for a period of at least three months, install an ignition interlock device on their vehicle, or serve community service during the probation period after the conviction.

The lesser known effects of a California drunk driving conviction often occur long after the actual conviction. Because of the DUI listed in your driving records, many car insurance companies may refuse to issue insurance to you or may require you to purchase high risk insurance that can cost more than 3 times the amount that you would have paid without the DUI on your record. A DUI conviction can also result in the loss of a job or difficulty finding employment in certain fields, especially those that require driving as part of the employment duties. There are many negative effects that can arise out of a California drunk driving conviction, so it is very important to consult with a criminal defense attorney as soon as possible after the arrest so that you can explore your options and create a plan of defense.

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