In the California Supreme Court, it was ruled that people who got a DUI and were given roadside BAC breathalyzer tests can now question the accuracy of the tests.
The vote for the decision in the court was virtually unanimous and was done Thursday. They had ruled that the tests from these road side breathalyzers do not have consistent results. They tests vary from person to person, and can mean huge differences for people who got a DUI in California.
Tests from the Breathalyzer can have varying results, even on the same individual. The breathalyzer device requires the person who is convicted of a DUI to blow into the device. It then uses a formula to arrive at the BAC for the DUI suspect. Because the device is not accurate like a blood test, people are now able to question the reliability of breathalyzers.
Thursday, July 9, 2009
New South Carolina DUI Task Force
The South Carolina Highway Patrol has just created a new task force to crack down on DUI's in the state, and they are trying to reduce the number of DUI's over the holidays.
The 31 troopers will be patrolling all seven of the Highway Patrol's regions across the state of South Carolina. Sometimes they will go out alone, and sometimes they will be working alongside other law enforcement.
They say that the crackdown on DUI's in South Carolina will include checkpoints and troopers on the highways.
The state Highway Patrol of South Carolina says the new DUI task force team is needed because almost half of all South Carolina's highway deaths are from impaired drivers, compared to about a third nationwide.
The troopers were chosen for the task force because they are successful in arresting and prosecuting DUI offenders.
The 31 troopers will be patrolling all seven of the Highway Patrol's regions across the state of South Carolina. Sometimes they will go out alone, and sometimes they will be working alongside other law enforcement.
They say that the crackdown on DUI's in South Carolina will include checkpoints and troopers on the highways.
The state Highway Patrol of South Carolina says the new DUI task force team is needed because almost half of all South Carolina's highway deaths are from impaired drivers, compared to about a third nationwide.
The troopers were chosen for the task force because they are successful in arresting and prosecuting DUI offenders.
Wednesday, July 8, 2009
Nevada DUI Laws
Illegal Per Se Law
“Illegal per se” means that the operation of a vehicle by a person with a blood alcohol content (BAC) at or above the legally defined threshold constitutes an offense of impaired driving in and of itself. Nevada’s blood alcohol limit is .08 and .04 for commercial drivers. Note that these limits are only guides. Drivers can be arrested and convicted for DUI with a lower BAC reading or for driving under the infl uence of controlled or prohibited substances. (NRS 484.379)
Implied Consent Law
You cannot refuse testing! A person driving or in actual physical control of a vehicle is deemed to have given his consent to breath or blood testing. Refusal is grounds for an arrest. (NRS 484.382 and 484.383) Law enforcement may use reasonable force to obtain blood samples. (NRS 484.386)
Below are penalties for a typical DUI first offense.
Penalties for subsequent convictions are harsher. A third DUI within seven years or a DUI which involves death or substantial bodily harm are felony offenses.
DUI Penalties Criminal
• Arrest
• Vehicle Impounded
• Two days to six months in jail or community service
• Fine $400 to $1,000
• Chemical Test Fee $60
• DUI School or Substance Abuse Treatment
• Victim Impact Panel
Driver License
• License revoked for 90 days
• $120 Reinstatement Fee
• $35 Victims Compensation Civil Penalty
• $22 Driver License Fee
• DMV Tests – Vision, Knowledge, possibly Skills
• SR-22 Certificate of Liability Insurance required for three years. A driver license revocation is a separate action from any criminal case. Motorists may appeal a revocation through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically
obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state.
Your Record
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. A DUI committed more than seven years after a prior conviction is treated as a first offense. Convictions and license revocations remain on your full DMV record for the rest of your life. DMV reports DUI convictions to insurance companies and employers for three years. A license revocation is reported until the driving privilege is reinstated.
“Illegal per se” means that the operation of a vehicle by a person with a blood alcohol content (BAC) at or above the legally defined threshold constitutes an offense of impaired driving in and of itself. Nevada’s blood alcohol limit is .08 and .04 for commercial drivers. Note that these limits are only guides. Drivers can be arrested and convicted for DUI with a lower BAC reading or for driving under the infl uence of controlled or prohibited substances. (NRS 484.379)
Implied Consent Law
You cannot refuse testing! A person driving or in actual physical control of a vehicle is deemed to have given his consent to breath or blood testing. Refusal is grounds for an arrest. (NRS 484.382 and 484.383) Law enforcement may use reasonable force to obtain blood samples. (NRS 484.386)
Below are penalties for a typical DUI first offense.
Penalties for subsequent convictions are harsher. A third DUI within seven years or a DUI which involves death or substantial bodily harm are felony offenses.
DUI Penalties Criminal
• Arrest
• Vehicle Impounded
• Two days to six months in jail or community service
• Fine $400 to $1,000
• Chemical Test Fee $60
• DUI School or Substance Abuse Treatment
• Victim Impact Panel
Driver License
• License revoked for 90 days
• $120 Reinstatement Fee
• $35 Victims Compensation Civil Penalty
• $22 Driver License Fee
• DMV Tests – Vision, Knowledge, possibly Skills
• SR-22 Certificate of Liability Insurance required for three years. A driver license revocation is a separate action from any criminal case. Motorists may appeal a revocation through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically
obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state.
Your Record
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. A DUI committed more than seven years after a prior conviction is treated as a first offense. Convictions and license revocations remain on your full DMV record for the rest of your life. DMV reports DUI convictions to insurance companies and employers for three years. A license revocation is reported until the driving privilege is reinstated.
Arizona DUI Laws
Title 4 - 244.33: Underage Driving under the Influence
For a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. A conviction for Underage DUI is a misdemeanor criminal conviction.
Title 28 - 1381.A1: Driving under the Influence
ARS 28-1381
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
* While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
* If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.
* While there is any drug defined in Section 13-3401 or its metabolite in the person's body. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver's license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. A conviction of DUI is considered a Misdemeanor criminal conviction.
Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI)
ARS 28-1382
It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.
Title 28-1383: Aggravated Driving Under the Influence
ARS 28-1383
A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
* Commits a violation of section 28-1381 or 28-1382 or this section while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
* Within a period of sixty months (5 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
* Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of Aggravated DUI is considered a felony conviction.
For a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. A conviction for Underage DUI is a misdemeanor criminal conviction.
Title 28 - 1381.A1: Driving under the Influence
ARS 28-1381
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
* While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
* If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.
* While there is any drug defined in Section 13-3401 or its metabolite in the person's body. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver's license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. A conviction of DUI is considered a Misdemeanor criminal conviction.
Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI)
ARS 28-1382
It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.
Title 28-1383: Aggravated Driving Under the Influence
ARS 28-1383
A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
* Commits a violation of section 28-1381 or 28-1382 or this section while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
* Within a period of sixty months (5 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
* Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of Aggravated DUI is considered a felony conviction.
California DUI Laws
Driving Under Influence of Alcohol or Drugs
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.
23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.
23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
Tuesday, July 7, 2009
220 People in Phoenix Arizona got a DUI on 4th of July Holidy
- In Phoenix Arizona, 220 suspected drunk drivers were arrested as part of a statewide DUI task force during the 4th of July holiday.
- Over 19 minors were arrested for drinking and driving.
- More than 300 officers and deputies were involved in the task of finding people driving under the influence.
- Out of the 220 people that were arrested, 70 had an extreme DUI, 29 were aggravated driving under the influence and 191 for misdemeanor DUI.
Sunday, July 5, 2009
Oakland Dui Attorney | Oakland DUI Lawyer
Looking around for an Oakland DUI Attorney is not always an easy thing to do. The best thing you can do if you have some time to look for a lawyer, is to ask friends and family members that have been in the same situation. You can get reliable, unbiased, and experienced opinions of what lawyer is recommended. This was one way that I could avoid the lawyers that were not good, and did not work hard for the case. From talking to friends and family, they told me about an attorney who I was considering to hire, and from first hand experience of friends, they told me that he was a waste of money.
You are spending a good deal of your money on a DUI lawyer, and so you want to ensure that you are not wasting your money on an attorney that will not help you. You do not want to pay a lot of money and realize that your attorney is inexperienced in defending DUI cases. If you are looking for an Oakland DUI attorney, you can look for one and then look at his or her credentials on MartinDale.com. Sometimes are you able to find the attorney's name on the internet along with some reviews and ratings. You can also get recommendations from other lawyers who might be able to help you the best.
Ask the Oakland DUI attorney how many cases he or she has won. Another important fact is how many times the penalties were reduced for the attorney's clients. Sometimes the lawyers will have a page on their website saying how many cases they have won, and a small description of what the client was charged with. Good luck on finding an Oakland DUI Attorney
New Arizona DUI Laws
A lot of places have been talking about implementing alcohol ignition interlock devices in vehicles for quite some time. It has been quite common talk this year, and now there will be some new Arizona DUI laws. Arizona has signed a new law that requires the ignition interlock devices to be installed on people convicted of drunk driving.
May 18th, the Governor Janet Napolitano signed the new Arizona DUI law that now requires all DUI offenders to install the IID in their vehicles for at least one year after regaining their driving privileges. Before this new DUI law was signed, only repeat offenders were required to install the device in their vehicle.
This new Arizona DUI law has a provision that says the defendant must spend 45 days of consecutive jail time for first-time DUI offenders with a BAC of .20 percent or higher. Current DUI law in Arizona says you must spend 30 consecutive days of jail for a first time DUI offender. However, a judge can suspend all but 10 of those days.
Before the law was signed by Governor Napolitano, the Arizona House and Senate approved this bill with impressive numbers.
New California DUI Laws
A new California law that will affect you only if you are on probation for a California DUI. There is a zero tolerance law that says if you have any measurable amount of alcohol in your system while driving, you will have your license suspended.
Beginning in July, people who drive and are caught behind the wheel while driving on a suspended license will be required to install an IID. The new law also moves the authority for the ignition interlock devices from the courts to the California DMV.
Also, if you are involved with a DUI or a wet reckless, you will be required to attend a 9 month DUI class. You will have to attend a two hour class each week and this costs around $1,200.
Thursday, July 2, 2009
Dui Lawyers San Diego
There are a lot of Dui Lawyers in San Diego. The one choice that you should make is which one do you want to represent you. The task is not easy. A lot will throw you a very good sales pitch. They will also vary widely when it comes to price range. Some will be cheap, and cheap for this industry means maybe...maybe 1500 dollars. Others can be ten times that amount. Dui Lawyers San Diego can also promise that they can get your DUI removed, and some of them can. You do have the option to take a public defender. Most like, the public defender will not do anything more than ask the judge or the District Attorney to reduce the charges. The funny thing is, you could do the same thing the public defender did. If you are thinking of hiring a good Dui Lawyers San Diego then I suggest that you do not go half way. If you are going to hire a lawyer, make sure you are going to get an excellent one. This can save you time from having to go to jail, pay fines, community service, and dui classes. Also, if you are thinking of using a public defender because they are "free", keep in mind that the court will try to make you pay for the public defender if you can afford it.
Dui Lawyers San Diego
Dui Lawyers San Diego
Arizona DUI
If you get an Arizona DUI you will have to get an interlock device installed on your car. The thing is, you will have to pay for this device yourself. The state of Arizona is trying to implement harsh DUI punishments so that this will prevent people from drinking and driving. In my opinion, this is not going to have a significant affect on the number of DUIs. The companies who make this device will be extremely happy when their sales of the interlock device boosts like crazy.
Instead of focusing the attention on making more strict punishments for a DUI, they should think of other ways to educate, provide a better transportation system, and other ways to prevent people from driving while under the influence. When people have more options to get from point A to point B, it could reduce the number of DUIs.
If you are arrested for a DUI in the state of Arizona, you will have a criminal proceeding and a civil proceeding. Both proceeding have not relation together. You can win one and lose the other, lose both, or win both. The criminal proceeding deals with fines, jail time, assessments, and probation. The MVD proceeding will decide whether or not your Arizona license will be suspended or restricted.
If you are pulled over and suspected of a DUI in Arizona, the officer ask you to submit for a breath, blood, or urine test. If you refuse to take any test, which you have the right to, your license will be automatically suspended for 1 full year. Then, the officer can obtain a search warrant and take a blood sample anyway. Even if they engage in taking a search warrant and take blood or other samples to obtain your blood alcohol content, you will still have your license suspended for a full year for refusing the first time.
These are some of the things involved in an Arizona DUI
Instead of focusing the attention on making more strict punishments for a DUI, they should think of other ways to educate, provide a better transportation system, and other ways to prevent people from driving while under the influence. When people have more options to get from point A to point B, it could reduce the number of DUIs.
If you are arrested for a DUI in the state of Arizona, you will have a criminal proceeding and a civil proceeding. Both proceeding have not relation together. You can win one and lose the other, lose both, or win both. The criminal proceeding deals with fines, jail time, assessments, and probation. The MVD proceeding will decide whether or not your Arizona license will be suspended or restricted.
If you are pulled over and suspected of a DUI in Arizona, the officer ask you to submit for a breath, blood, or urine test. If you refuse to take any test, which you have the right to, your license will be automatically suspended for 1 full year. Then, the officer can obtain a search warrant and take a blood sample anyway. Even if they engage in taking a search warrant and take blood or other samples to obtain your blood alcohol content, you will still have your license suspended for a full year for refusing the first time.
These are some of the things involved in an Arizona DUI
Wednesday, July 1, 2009
DUI Penalties
DUI Penalties can range from fines, jail time, community service, license suspension, and DUI classes. The DUI consequences can stack up each time you commit another offense within a 10 year period.
The fines usually range in the thousands, starting around 1100 dollars. These fines pay for the administrative fee, and have no relation to fees you might have to pay if the judge believes you can help pay for the public defender. There is a misconception that the court appointed attorney is free. The court will have you fill out a form with your income and expenses, and if they deem you able to pay for the public defender, they will.
Jail time for a first offense DUI will be atleast 48 hours. Depending on the blood alcohol level you had at the time of arrest could determine how lenient the judge will be. When you are sentenced with a number of days, you actually serve 2/3rds of the time. For instance, your DUI penalty 45 days in jail. You will actually be in the jail for 30 days, which is 2/3rds what the sentence is.
If you are not able to pay for your fines as one of the DUI penalties, you can opt to serve community service. These can include helping the town where you live, the school, or other public entities.
Your license can be suspended as a penalty. This is not the same thing as a restricted license. A suspended license means you cannot drive. Period. Besides serving jail time, this is the next worse penalty. You will no longer be able to drive to work, or any other place as long as you have a suspended license.
Also, as a DUI penalty you will have to enroll in DUI classes where they show movies, have group sessions, and face to face meetings with a counselor. These appointments are usually once a week.
Your DUI penalties will get much worse each time you commit a repeat offense. If you already got a first offense dui, hopefully you learn a valuable lesson from these DUI penalties.
The fines usually range in the thousands, starting around 1100 dollars. These fines pay for the administrative fee, and have no relation to fees you might have to pay if the judge believes you can help pay for the public defender. There is a misconception that the court appointed attorney is free. The court will have you fill out a form with your income and expenses, and if they deem you able to pay for the public defender, they will.
Jail time for a first offense DUI will be atleast 48 hours. Depending on the blood alcohol level you had at the time of arrest could determine how lenient the judge will be. When you are sentenced with a number of days, you actually serve 2/3rds of the time. For instance, your DUI penalty 45 days in jail. You will actually be in the jail for 30 days, which is 2/3rds what the sentence is.
If you are not able to pay for your fines as one of the DUI penalties, you can opt to serve community service. These can include helping the town where you live, the school, or other public entities.
Your license can be suspended as a penalty. This is not the same thing as a restricted license. A suspended license means you cannot drive. Period. Besides serving jail time, this is the next worse penalty. You will no longer be able to drive to work, or any other place as long as you have a suspended license.
Also, as a DUI penalty you will have to enroll in DUI classes where they show movies, have group sessions, and face to face meetings with a counselor. These appointments are usually once a week.
Your DUI penalties will get much worse each time you commit a repeat offense. If you already got a first offense dui, hopefully you learn a valuable lesson from these DUI penalties.
Dui Classes
DUI Classes can vary state by state. In California, a first offense DUI means you must complete a 9 month class. You must be enrolled in this program in order to receive a restricted driver's license. Either way, it is a mandatory class that the court orders you to take. For the most part, you sit in a room full of other people who where charged with a DUI. The counselor will go over the negative aspects of alcohol and drugs. In California these dui classes are around two hours for one day a week. If all programs are the same, then it alternates from one 2 hour group meeting the first week, and a 15 minute face to face meeting the second week, and so on. You also get to watch movies that are related to drugs, alcohol, and drinking and driving.
Also the cost for DUI classes, is about 1,400 dollars for a second offense dui, and slightly lower for a for a first offense. You are able to make these in payments as you go along in the program.
The DUI classes can be somewhat strict. For example, if you are late to your class, you will not be able to enter, you might as well head back home. One place charges you 15 dollars each time you miss a class, and you still must make the class up at the end of your program. If you miss three classes in a row, you will be terminated from the program and lose all the money you paid them. Also, you have a total number of classes that your are allowed to miss, some are around 10 classes, and if you miss more than that number you will also be terminated from the class.
The classes can be tedious, but they are rather easy. They take up your time, and can be inconvenient, especially if you have no license or transportation. Hope you learned something from this information on DUI Classes.
Also the cost for DUI classes, is about 1,400 dollars for a second offense dui, and slightly lower for a for a first offense. You are able to make these in payments as you go along in the program.
The DUI classes can be somewhat strict. For example, if you are late to your class, you will not be able to enter, you might as well head back home. One place charges you 15 dollars each time you miss a class, and you still must make the class up at the end of your program. If you miss three classes in a row, you will be terminated from the program and lose all the money you paid them. Also, you have a total number of classes that your are allowed to miss, some are around 10 classes, and if you miss more than that number you will also be terminated from the class.
The classes can be tedious, but they are rather easy. They take up your time, and can be inconvenient, especially if you have no license or transportation. Hope you learned something from this information on DUI Classes.
Tuesday, June 30, 2009
DUI Charges
When you get arrested for a DUI or what some call DWI, some of your first thoughts when you're sober is: What am I going to be charged with? Well this varies state by state. Some DUI Charges for California are a suspended license for 6 months, which after one month of full suspension, you might be eligible for a restricted license. You will have to pay court fines around $1,400, serve mandatory jail time of 48 hours minimum, and a DUI class that is usually a 9 month program. Some DUI Charges can be negotiated with, and I suggest that if you do not hire an attorney, you should elect to have a public defender. A lot of public defenders are, to put bluntly, garbage compared to one you hire yourself. Either way, having an attorney can help reduce your DUI Charges.
Dui Charges
Welcome to the DUI Charges Blog. Here you can find information on DUI Charges, what can happen in court, DUI Attorneys, and more. Grab some coffee and read up on information at DUI Charges.
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