San Bernandino, San Bernardo, San Clemente DUI Lawyers
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San Bernandino
- Mark McDonald:
Contrary to what some people may think, there is no constitutional
right to refuse a breath or chemical test to determine the level of
alcohol in your body. You are deemed to consent just by the act of
driving in the State of California. If you've been stopped and arrested
for drunk driving, you will be faced with the decision of whether to
take such a test. On the one hand, refusing to take the test has its
consequences: your license can be revoked merely for the refusal (even
if you're perfectly sober); your refusal may be admissible as evidence
of your guilt at a trial of the drunk driving charge; and some
prosecutor's offices will not extend reduced plea offers on refusal
cases.
San Bernardo
- James Glick:
As a person accused of a crime, you must be sure that the lawyer you select is in fact qualified to handle the matter at hand.
- Pinkerton,
Doppelt & Associates:
The current legal limit for driving with alcohol in the blood is .008%.
If a person drives with more than the legal limit, this is charged as
VC 23152(b). If a person has less than the legal limit, however their
ability to drive is impaired by alcohol, they can still be charged
under VC 23152(a). It is imperative to call the DMV within 10 days of
the arrest to request a hearing or the drivers license will suspend.
San Clemente
- Scott Cadzow:
DUI Facts
A charge of driving under the influence is really two charges: "driving under the influence of drugs or alcohol (or both)" and "driving with a blood alcohol level of .08 or higher." The penalties are the same for both offenses. A conviction on either offense counts as two points against your negligent operator count at the DMV, and your car insurance will increase. The punishment for each subsequent DUI is more severe and can include large fines and jail or prison time.
If you are convicted of DUI, your sentence is increased if you were excessively speeding (either more than 100 mph, or more than 30 mph over the speed limit) at the time of the DUI, or had a child under age 14 in the car at the time of the DUI, or had a blood-alcohol reading over .20%, or had a previous conviction within 7 years, or refused to take a blood alcohol or Breathalyzer test. A carefully negotiated plea-bargain may let you avoid a sentence increase.
If you are arrested for driving under the influence and refuse a blood or breath test, you will lose your driver's license for one year. If you take a test and your blood alcohol is .08 % or higher, the officer will take your driver's license. The DMV will give you a 30-day temporary permit; if you or your lawyer does not request a hearing within 10 days of your arrest, you will lose your license for four months. Depending on the facts, at the DMV hearing, your lawyer may present evidence showing that you should not lose your license. The DMV has a separate process for you to apply for a restricted license to drive to work. If the DMV suspends your license and you win your court case, your lawyer can make the DMV return your license.
A DUI conviction is a felony in two situations. The first is if the drunk driving was negligent or violated a traffic law, AND injured (even slightly) another person. The second: a fourth dui conviction within seven years is an automatic felony.
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