California Drunk Driving Law Guide – California DUI Penalties #california #dui


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DUI Penalties

Drunk Driving penalties in California are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with sentence enhancements for such things as:

  • Having a prior conviction within ten years
  • Speeding 20 mph over the limit
  • Having a child under 14 in the car
  • Having a blood-alcohol reading over .15%
  • Refusing to submit to chemical testing

Within the range, the actual sentence in a drinking and driving case will be affected by:

  • The facts of the case
  • Any policies of the local court and prosecutors
  • The weaknesses in the case uncovered by the defense attorney
  • The reputation of that attorney

All of this is independent of the DMV drivers license suspension . which is determined separately and which can itself be very complicated.

DUI Penalties in California
An overview of penalties for drunk driving from the website of one of the top DUI defense attorneys in Southern California.

California DUI Penalties
Further links to websites relating to penalties in California for drunk driving.

Clearing Your Record
Discussion of post-conviction procedures for setting aside a plea or verdict of guilty and obtaining a dismissal.

Drunk Driving Penalties by State
A brief chart of penalties for drunk driving arranged by state, from the Consumer Insurance Guide.


12/10/2017

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2800 Los Angeles DUI Attorney – Drunk driving and DWI Defense


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DUI ATTORNEY.

A DUI (drunk driving) arrest and charge is a significant shock to most people since this may be their first serious encounter with the criminal justice system other than a traffic violation. For many, it is a wakeup call to make some changes in their lives. Drunk driving is a serious offense that can cost you thousands of dollars, not just in fines and legal fees, but in substantially increased car insurance premiums over a period of years and other consequences that can create many unwelcome changes in your life.

As a DUI offender, you will experience what it feels like to be arrested, handcuffed, and held in a detention area or cell and to appear before a judge. You will to deal with a restricted driver’s license, if you qualify or no license at all. Once you do have your license reinstated, you may have to go through the indignity of an interlock ignition system installed on your car that requires you to blow into it to ensure you have no alcohol in your system before it starts.

Depending on the California county where you are convicted, you will likely have to spend some time in jail. If this is not your first DUI arrest or conviction, you will undoubtedly have to spend an extended time in jail, which could affect your job, result in decreased or no income for a period that can cause financial chaos for you and your family, and loss of your driver’s license for months or years in some cases.

Although most DUI offenses are misdemeanors, you face increased penalties if your blood alcohol content (BAC) is at least 0.15% or if you had a child under 14 as a passenger when you were arrested. If you caused an accident resulting in serious bodily injury or arrest, you could face felony charges or even vehicular manslaughter that could result in years in state prison.

A DUI is Public Record

A DUI conviction means you now have a criminal record that is public record. Your employer or potential employer will see it, and it can affect your ability to find rental housing or enroll in school.

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The Administrative Proceeding

Everyone arrested and facing a DUI charge has a parallel civil proceeding regarding the status of their driving privileges. Called an APS, or Administrative Per Se hearing, you have only 10 days to request a hearing or the Department of Motor Vehicles, or DMV, will suspend your license based on if you refused testing or if you have prior DUI convictions. At this hearing, which is held before a judge or administrative hearing officer, you or your attorney can contest:

  • The lawfulness of your traffic stop
  • Whether you were informed of your rights and understood them
  • The testing protocol
  • The accuracy of any breath or other blood alcohol test that was administered to you

Retain the DUI Attorney Group – California DUI Attorney

Anyone charged with a crime should get legal representation and a DUI is no exception. A DUI defense attorney can advise you of what to expect in your criminal and civil proceedings and what defenses are available to you. Every case is different and many times an experienced and resourceful DUI lawyer can challenge police and testing procedures that may lead to a dismissal or a negotiated plea resulting in no jail time, lesser fines or even a plea to a non-alcohol related offense. If you are successful at your APS hearing, you get to keep your license and have considerable negotiating power regarding your criminal charges.

No lawyer can guarantee you certain results, but a the DUI Attorney Group a California DUI lawyer can protect your rights, use every possible defense depending on the facts of your case and give you the best opportunity for a satisfactory outcome.


26/09/2017

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Colorado DUI – DWI Laws – Enforcement #colorado #dui, #colorado #dwi,


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DUI DWI in Colorado

Defining the Crime

Colorado has two levels of alcohol-related driving offenses, and both are based on the measurement of blood alcohol concentration (BAC) in the body.

  • Driving Under the Influence of Alcohol or Drugs (DUI).
  • Driving While Ability is Impaired (DWAI).

Colorado BAC Limits

Simply put, blood alcohol concentration is how much alcohol is pulsing through your blood after you drink.

The legal limit BAC for drivers over 21 years old is 0.08%, while the limit for drivers under 21 years old is 0.02%.

DWAI has a limit of 0.05%.

Administrative Penalties

In Colorado the Division of Motor Vehicles has the legal authority to suspend your license for DUI and DWAI regardless of any criminal charges you may face through the court s. These penalties, known as Administrative Penalties, can cause an automatic suspension of your driver’s license as well as fees and points depending on the offense.

DWAI 1st Offense: 8 points toward license suspension; $200 to $500 fine; up to 180 days in jail; up to 48 hours community service.

DUI 1st Offense: Administrative license revocation for 9 months; $600 to $1,000 fine; up to 1 year in jail; up to 96 hours community service; alcohol education.

DUI/DWAI 1st offense under 21 years old: Drivers license suspended 3 months and 4 points added to driving record.

The penalties increase substantially for repeated offenses and, in some cases, you may be required to install an ignition interlock device on your car. The only way to challenge Administrative penalties is to request an alcohol hearing.

Alcohol Hearings

You have 7 days after receiving a revocation/suspension notice to request a hearing. You must go in person to the DMV to put in a request. You will also be required to turn over your license if you did not do so at the time of the violation. You may also be eligible for a temporary driving permit while you wait for your hearing. For more information about alcohol hearings please call Customer Service at (303) 205-5613 or the Department of Revenue’s Hearings Division at (303) 205-5606

An Arrest

  • If you fail the roadside sobriety test, which could entail anything from standing on one leg while answering a barrage of questions to touching your nose and walking a straight line, you will be read your rights.
  • You will be handcuffed and taken to a city or county jail.
  • A tow truck will take your car and impound it.

Criminal Penalties

The CDOT offers a line item assessment in an informative brochure of what a DUI costs the individual charged with a first offense. The total comes to over $10,000 and includes lawyer fees, rising insurance rates, fees to get a license back, probation supervision fees, all the way down to the brain injury surcharge and court costs. This figure is based on the minimum fine. It is easy to see that drinking and driving is not worth any cost.

Refusing a BAC Test

Express Consent Law: By operating a motor vehicle in the state of Colorado you are automatically giving “express consent” or granting permission to be administered a chemical test by breath, blood, or urine to measure your blood alcohol content. If a law enforcement officer requires you to take a test because of suspected drinking and driving and you refuse, you will be required to have an Ignition Interlock for 2 years. As of January 1st 2014 refusing a chemical test automatically gets you a Persistent Drunk Driver designation.

Zero Tolerance: Drivers under 21 years old with a BAC between 0.02% and 0.05% face automatic revocation of their license.

Buy and Possess: If you are under 21 years old and get caught with alcohol in the vehicle, you will have your license revoked.

For more information on DUIs and BAC consult the Colorado Driver Handbook or visit the Department of Transportation website.

Ignition Interlock Device

You may be allowed an early reinstatement after an Administrative license suspension by having a Ignition Interlock Device (IID) installed in your vehicle. This can only be done after serving a portion of your suspension. The length of time depends on the type and number of violations. You must also:

  • Over 21 years old at the time of the violation.
  • Satisfied all requirements for reinstatement.
  • Completed at least 1 month of a a DUI conviction or Administrative driver’s license suspension. OR
  • Completed at least 2 months for a Refusal of a BAC test.

The annual cost for an IID is about $1,000. The IID MUST be installed and maintained by a state approved vendor in order to be valid. If you wish to know if you may be eligible for an early reinstatement with an IID you can call Customer Service at (303) 205-5613.

Driver’s License Reinstatement

Once your suspension time is completed, with or without an IID, the DMV will send you a letter with steps to take to purchase an Unrestricted License. Before you are able to get a new license you must complete all the conditions of your suspension including all fees and program classes required. When you are eligible for a new license you will be required to fill out a Application for Reinstatement (Form DR 2870) and a Certification (Form DR 2598). You will also have to pay the $95 reinstatement fee and show proof of insurance (SR 22) for up to 3 years. The length a SR 22 is required will depend on the type and number of violations.

Forms

You must submit this form to the Division of Motor Vehicles when you apply to reinstate your CO driver s license after suspension for a DUI OR refusing a chemical test.


29/08/2017

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DWI and DUI Defense Lawyer Paul D #arkansas #dwi, #arkansas #dui,


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The Law Office of Paul D. Reynolds
The premiere DWI and DUI defense law firm in NWA

Call us at
(479) 527-6571

Welcome to The Law Office of Paul D. Reynolds

Welcome and thank you for visiting the web site of attorney Paul Reynolds. Our office is located in the historic Fulbright Building immediately adjacent to the Washington County Courthouse in Fayetteville, Arkansas. Paul’s practice is dedicated to defending clients charged with DWI and DUI alcohol related driving offenses in the Circuit Courts of Washington, Madison, and Benton County, Arkansas, and the District Courts of Fayetteville, Springdale, West Fork, Prairie Grove, Huntsville, Lincoln, Farmington, Bentonville, Rogers, Lowell, Centerton, and Siloam Springs.

Every client receives the highest degree of confidential and personal attention. It is our promise to you to use common sense, sound judgment, and good old-fashioned hard work to obtain your needs, goals, and objectives. Paul has been practicing law for over fifteen years and has handled over 1000 DWIs and DUIs as both a prosecutor and defense attorney. This is experience that delivers results.

It is amazing how much wrong information is out there about Arkansas DWI laws, even among attorneys and people who have been through the DWI and DUI court system. Hopefully, the information contained on these pages will be helpful to you.

Please call for a no charge office consultation and give us the opportunity to assist you with your legal service needs.

Please review our site and see what we may be able to offer you.
Feel free to Call us at (479) 527-6571.

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14/08/2017

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Newport Beach DUI Lawyer #newport #beach #dui #lawyer, #california #dui #laws


  • Newport Beach DUI Lawyer

Newport Beach DUI Attorneys

If you have been arrested for DUI in Newport Beach or are facing criminal DUI charges in Newport Beach (Harbor) Court. our experienced DUI attorneys are prepared to help. The Law Offices of Taylor & Taylor, with offices in Irvine, Long Beach, and Orange is a nationally-known law firm of DUI lawyers specializing in DUI defense exclusively: no clients but those charged with drunk driving are accepted. Our Irvine DUI lawyers average 21 years of criminal experience and each DUI lawyer has the support of the firm’s expert staff: a former DUI Task Force officer, a former Crime Lab alcohol testing supervisor and a former California DMV license suspension hearing officer.

The DUI defense firm has received the prestigious A-V peer review rating from the Martindale-Hubbell International Law Directory ( very high to preeminent in legal ability and ethics) – the highest awarded and one shared by fewer than 7% of all lawyers in the country. The Law Offices of Taylor Taylor has also been recognized for its excellence by client review-based awards from Yelp and Avvo, as well as by voting by fellow attorneys as Southern California Super Lawyers for 12 of the past 14 years. And the Better Business Bureau has given the firm the highest A+ rating for the past 13 years.

We invite you to contact us at our offices in Irvine, Long Beach, or Orange for a free consultation about your Newport Beach DUI criminal case and DMV driver’s license suspension hearing. We also invite you to visit the firm’s main website, and review the many informative pages addressing such helpful subjects as Breathalyzer Accuracy and DUI License Suspensions as well as answers to such frequently asked questions as What will happen if I refuse to take the breathalyzer test? and What does it cost to retain a DUI attorney?

Driving under the influence of alcohol, or “DUI” as it is usually called, is the most commonly committed crime in the United States. Yet it is almost always committed by a noncriminal – that is, by an otherwise respectable citizen who has never been in trouble with the law. Consequently, the accused citizen often turns to an attorney not specialized in drunk driving defense. As experienced DUI defense attorneys well know, this is invariably a tragic mistake. It is critical for the individual accused of DUI to be aware of certain facts:

  1. Though the most common of all offenses, DUI is one of the most complex to understand and defend properly, partly due to the complexities of breath and blood alcohol analysis.
  2. The stakes in a DUI case are higher than realized – far higher in the long run than for most other misdemeanors.
  3. A unique system of legal laws and procedures exists in DUI cases, a system geared to facilitate a conviction in the absence of expert legal representation.
  • Irvine [Google Map ]
    Newport Gateway
    19800 MacArthur Boulevard,
    Suite 300
    Irvine, CA 92612
    Phone: 949-752-1550

  • Orange [Google Map ]
    Grandpoint Bank Building
    1045 W. Katella Avenue,
    Suite 350
    Orange, CA 92867
    Phone: 714-716-2589

  • Long Beach [Google Map ]
    Kilroy Airport Center
    3780 Kilroy Airport Way, Suite 310
    Long Beach CA 90806
    Phone: 562-989-4774
    Fax: 562-989-0555

Colorado DUI – DWI Laws – Enforcement #colorado #dui, #colorado #dwi,


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DUI DWI in Colorado

Defining the Crime

Colorado has two levels of alcohol-related driving offenses, and both are based on the measurement of blood alcohol concentration (BAC) in the body.

  • Driving Under the Influence of Alcohol or Drugs (DUI).
  • Driving While Ability is Impaired (DWAI).

Colorado BAC Limits

Simply put, blood alcohol concentration is how much alcohol is pulsing through your blood after you drink.

The legal limit BAC for drivers over 21 years old is 0.08%, while the limit for drivers under 21 years old is 0.02%.

DWAI has a limit of 0.05%.

Administrative Penalties

In Colorado the Division of Motor Vehicles has the legal authority to suspend your license for DUI and DWAI regardless of any criminal charges you may face through the court s. These penalties, known as Administrative Penalties, can cause an automatic suspension of your driver’s license as well as fees and points depending on the offense.

DWAI 1st Offense: 8 points toward license suspension; $200 to $500 fine; up to 180 days in jail; up to 48 hours community service.

DUI 1st Offense: Administrative license revocation for 9 months; $600 to $1,000 fine; up to 1 year in jail; up to 96 hours community service; alcohol education.

DUI/DWAI 1st offense under 21 years old: Drivers license suspended 3 months and 4 points added to driving record.

The penalties increase substantially for repeated offenses and, in some cases, you may be required to install an ignition interlock device on your car. The only way to challenge Administrative penalties is to request an alcohol hearing.

Alcohol Hearings

You have 7 days after receiving a revocation/suspension notice to request a hearing. You must go in person to the DMV to put in a request. You will also be required to turn over your license if you did not do so at the time of the violation. You may also be eligible for a temporary driving permit while you wait for your hearing. For more information about alcohol hearings please call Customer Service at (303) 205-5613 or the Department of Revenue’s Hearings Division at (303) 205-5606

An Arrest

  • If you fail the roadside sobriety test, which could entail anything from standing on one leg while answering a barrage of questions to touching your nose and walking a straight line, you will be read your rights.
  • You will be handcuffed and taken to a city or county jail.
  • A tow truck will take your car and impound it.

Criminal Penalties

The CDOT offers a line item assessment in an informative brochure of what a DUI costs the individual charged with a first offense. The total comes to over $10,000 and includes lawyer fees, rising insurance rates, fees to get a license back, probation supervision fees, all the way down to the brain injury surcharge and court costs. This figure is based on the minimum fine. It is easy to see that drinking and driving is not worth any cost.

Refusing a BAC Test

Express Consent Law: By operating a motor vehicle in the state of Colorado you are automatically giving “express consent” or granting permission to be administered a chemical test by breath, blood, or urine to measure your blood alcohol content. If a law enforcement officer requires you to take a test because of suspected drinking and driving and you refuse, you will be required to have an Ignition Interlock for 2 years. As of January 1st 2014 refusing a chemical test automatically gets you a Persistent Drunk Driver designation.

Zero Tolerance: Drivers under 21 years old with a BAC between 0.02% and 0.05% face automatic revocation of their license.

Buy and Possess: If you are under 21 years old and get caught with alcohol in the vehicle, you will have your license revoked.

For more information on DUIs and BAC consult the Colorado Driver Handbook or visit the Department of Transportation website.

Ignition Interlock Device

You may be allowed an early reinstatement after an Administrative license suspension by having a Ignition Interlock Device (IID) installed in your vehicle. This can only be done after serving a portion of your suspension. The length of time depends on the type and number of violations. You must also:

  • Over 21 years old at the time of the violation.
  • Satisfied all requirements for reinstatement.
  • Completed at least 1 month of a a DUI conviction or Administrative driver’s license suspension. OR
  • Completed at least 2 months for a Refusal of a BAC test.

The annual cost for an IID is about $1,000. The IID MUST be installed and maintained by a state approved vendor in order to be valid. If you wish to know if you may be eligible for an early reinstatement with an IID you can call Customer Service at (303) 205-5613.

Driver’s License Reinstatement

Once your suspension time is completed, with or without an IID, the DMV will send you a letter with steps to take to purchase an Unrestricted License. Before you are able to get a new license you must complete all the conditions of your suspension including all fees and program classes required. When you are eligible for a new license you will be required to fill out a Application for Reinstatement (Form DR 2870) and a Certification (Form DR 2598). You will also have to pay the $95 reinstatement fee and show proof of insurance (SR 22) for up to 3 years. The length a SR 22 is required will depend on the type and number of violations.

Forms

You must submit this form to the Division of Motor Vehicles when you apply to reinstate your CO driver s license after suspension for a DUI OR refusing a chemical test.


26/07/2017

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