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Hi There, I was arrested on 07/23/2012 in Malibu,California for a DUI..I was pulled in by a CHP for car swerving and he asked me to do a field sobriety test and the breath analyser test..which he said I failed..Later he took me to the police stat...
When you hire a DUI lawyer you want to make sure it is someone you are comfortable with. That means you should feel like you can e-mail him or her or call with questions like the one you are asking here. If the attorney makes you feel like they do not have the time to answer your questions, or tell you they are too busy, then you have hired the wrong attorney.
If this is a first DUI arrest and you have not been arrested within 10 years for a DUI that resulted in a conviction of a DUI or Wet Reckless, then you are looking at standard DUI charges with a possible high BA allegation for being over 0.15%.
If you are wondering about the penalty, the maximum for a first DUI is 6 months in county jail, 3-5 years probation, fine, DUI School, and other probation conditions that include no alcohol in your system while driving for the period of probation.
I was arrested for misdemeanor DUI but have a felony DUI on my record from 4 years ago. I anticipate the courts bumping this misdemeanor to a felony DUI because of the prior felony DUI...my question is once it is increased to felony will I 100% b...
Every court is different but most will go easier on the bail if at arraignment you are living in a residential treatment program and have a scram alcohol monitor decorating your ankle. Get both going ASAP. Have someone from the scram program show up to court with your attorney.See question
It is my first DUI, and my court date was 7/2. I was going to plea not guilty for my case, so I requested a DMV hearing. But, after my friends advice, I decided to plea guilty on the court and get it over with. The problem is, my dmv hearing date ...
When you get back to the U.S. you will probably have a letter in the mail from DMV that states you lost your DMV hearing (Administrative Per Se hearing) and your license suspension will begin on a specific date. After serving 30 days of that suspension, you can apply for a restricted license if you pay a re-issue fee, have proof of enrollment in a 3 month DUI School and have an SR-22 (specific DUI related insurance) on file with the DMV.
The DMV hearing officer will probably start the suspension date within a week or two of your hearing date. They will most likely not look at the court conviction date and will not backdate the start of the APS suspension to that same court conviction date.
The restricted license is only for driving to and from work, while working, and to and from the DUI School. It is not for driving to any other school or counseling.
If you did not receive one already, there should also be a letter from DMV in Sacramento stating that you were convicted in court of a DUI and you are suspended for six months. It will say you can get a restricted license right away, as long as you pay the fee and have proof of DUI School enrollment and SR-22. You will want to wait until the first 30 days of the other suspension (DMV hearing/APS suspension) is over before applying for your restricted license.See question
Hello there and thanks in advance for your help. I will try to quickly provide details. I got stopped at a DUI checkpoint (in Anaheim) and blew a .89 and followed by a .097 and .098 bloodtest. I did reasonably well on my FST's (counted to 31 sec...
Based on the information you provided, we have no bad driving, good FST's and a rising BAL defense. You should consult with a DUI lawyer (try a member of the National College for DUI Defense and there are many in your area). That lawyer will most likely tell you that this case should GO TO TRIAL. If they don't tell you it's a good case for trial, then talk to another one. Feel free to contact me for some names of the lawyers in your area who go to trial (and often win) on cases like yours. These are facts that we wish we had on every DUI case.
How do they prove beyond a reasonable doubt that you were impaired when driving? With a good expert witness (toxicologist) on your side, it will be tough to prove beyond a reasonable doubt that you were at or over .08 at time of driving (assuming your DUI lawyer can get the PAS result in front of the jury).See question
I was recently arrested for a DUI and the case seems pretty cut and dry (didn't resist arrest, blew above .08). It was a stupid mistake, I just want to know the best way to handle this as I don't see that there's any way/reason to fight this.
You should get a free consultation with a DUI attorney before making this decision, which must be made within 10 days of the arrest. Day one is the day after the issue date they put on your pink temporary license, and weekends count as part of the 10. If day 10 lands on a weekend, then Monday after that weekend is day 10.
There are a number of issues at the hearing, and I have won these countless times when the BAC was way above .08%. Odds are against you to win the DMV hearing, but that's better than the zero chance of winning if you don't request the hearing.See question
i have an ignition interlock device installed in my vehicle and will have my license back at the end of this week. Am i able to drive for my employer? Also, the interlock order states i must have the device installed in any vehicle registered in...
You can drive for your employer if you have complied with the proper Vehicle Code Section. You must have notified your employer of your IID requirement and you must carry the notification you gave your employer with you when driving their vehicle.
Also, you will be required to have an IID on every vehicle you own. If the car is not in your name, and it does not fall under the employer exception, then you cannot drive the car. Check with DMV Mandatory Actions Until to confirm what you can and cannot do before getting behind the wheel of any vehicle.See question
I had a Dui exactly a year ago. I finished up all my Dui programs and classes. I'm still continuing to pay my monthly payments fine. I want to get my license back but I dont think I can because i dont have a car, which means I can't install the b...
Assuming you are in Sacramento, the IID is required after a first conviction for DUI (it is one of the 4 test counties requiring IID on first DUI's). There is an exemption form if you do not own a vehicle, but it requires you to fill it out and send it in within 30 days of receipt of IID notification from Sacramento DMV. You should call the Mandatory Actions Unit at Sacramento DMV 916 657-6525 to determine what you need to do to get your license. You can get an SR-22 on your person without having a car, and many insurance companies will issue this policy. You can try calling John MacDonald Insurance Service at 800 346-5230 to get the SR-22 or more information on the SR-22. They may also be able to access your DMV record and see what is required to help you get back on the road. Once you have the SR-22 you must maintain it for 3 years. If you let it lapse before the three years is up your license will be suspended again.
Good LuckSee question
I live in CA and was on a work related trip in KS. I was pulled over and arrested for DUI in KS. This is the first offense in any state. I was unable to make the hearing because I had to work, and am the sole income provider for my family and ...
The first thing you need to do is consult with a DUI attorney in Kansas. Try the National College for DUI Defense web site to find a DUI attorney who practices in the county of your arrest. You want to get on this asap as any license suspension in Kansas may trigger a suspension of your driving privilege in CA. The Kansas DUI attorney can let you know if you will be needed in court to recall the warrant. If you get lucky, it's a court where the attorney can get the warrant recalled without you showing up, and possibly that attorney can handle the entire case without a return trip on your part.
Good LuckSee question
Is it only San Diego County that gives 5 years probation for a first time D.U.I? To my understanding, San Diego County is the only county that gives 5 years probation for a first time DUI, and 3 years for every other misdeameanors. I'm on my...
In Northern California, Napa County hands out a standard 5 year probation for first time DUI convictions.See question
I know that all revocations last for at least one year, but how long does this one last? I was looking through the codes: http://www.dmv.ca.gov/pubs/vctop/d06/vc13351.htm (1) Manslaughter resulting from the operation of a motor vehicle, except...
My experience with DMV on these type of cases is they want you to serve a one year suspension, then will consider returning the license after a hearing. You should have an experienced DUI Lawyer who does a lot of DMV hearings help you with this one.See question