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Subscribe to this list via RSS Blog posts tagged in dui charges

San Jose criminal defense attorneyOver the past few years, California has upped the ante with new legislation for those choosing to drive while under the influence or DUI.

In 2010, California legislated changes to the existing DUI laws which included the installation of an Ignition Interlock Device (IID) to deter repeat offenders from driving if their alcohol content is over the legal range. The following year, the state expanded the authority of the California Department of Motor Vehicles (DMV) to immediately suspend operating privileges for drivers suspected of a DUI and for longer periods of time.

Although there are additional California laws addressing the issue of driving while under the influence there is little guidance regarding possible long-term DUI consequences. So what happens to the many otherwise conscientious drivers with a previously clean driving record who are now facing the fallout of a DUI conviction? For those who find themselves within this category, even after all the legal ramifications have been satisfied, a DUI conviction can undermine many future opportunities and quality of life.

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Posted on in DUI

San Jose criminal defense attorneyIf you have been charged with or arrested for driving under the influence (DUI) in California, you are likely aware of the long road ahead to have all of your driving privileges reinstated so that you can move forward with your everyday life and routines. Fortunately, with the help of a qualified lawyer, you can navigate the process more easily.

License Suspensions

Under California state law, an officer is required to immediately forward a completed license suspension notice to all relevant agencies when a person is arrested for DUI, including to the Department of Motor Vehicles. The DMV will immediately conduct a review of the suspension, including a review of any blood or chemical test results and an examination of the revocation order. If the review proves that the arresting officer followed all necessary protocol—and that the person was, in fact, driving under the influence of alcohol or drugs—the agency will approve the suspension. Once the charge passes this review, a person will be required to appear in court before a judge if he or she is interested contesting the suspension or revocation of his or her license.

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Posted on in DUI

San Jose criminal defense attorneyUnder California law it is illegal to drive under the influence of both alcohol and drugs. Drugs can be anything from illegal substances like methamphetamine, prescription drugs like Vicodin, or even over the counter cough medicine. If you are taking something that impairs your ability to drive, you can be arrested and convicted of Driving Under the Influence of Drugs (DUID).

How a Drug DUI is Different

The signs that a driver is under the influence of drugs will often be different than the signs of alcohol use. Many law enforcement agencies have special drug recognition experts that are brought in to observe suspects who are believed to be on drugs.

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DUI, San Jose DUI defense attorneyWhen you are arrested for DUI in the state of California, the procedure from the time of being pulled over to being charged is rapid—and a significant portion of your immediate future hangs in the balance of those few minutes. Immediately following an arrest, the officer must immediately forward a copy of the suspension (or revocation, depending on the severity of the incident and your prior record) to the California DMV. The DMV will then determine whether or not that suspension will be upheld. If you receive word from the DMV that the suspension will indeed be upheld, you have 10 days to request a hearing with the DMV in an attempt to overturn this. If you miss the window of those 10 days (beginning upon receipt of receiving the suspension notice), you forfeit your right to a hearing at the DMV. It is likely that your license will be confiscated by the officer at the time of arrest. In order to receive it back at the end of the suspension period, you are required to pay a $125 fine to the DMV.

In California, you imply consent to taking a roadside chemical test if asked to do so when you get behind the wheel. This means that refusing to take a Breathalyzer test is illegal in California. If you fail the chemical test when administered and it is your first DUI offense, your license will automatically be suspended for a period of four months. A second, third, fourth, or subsequent offense will carry a much more stringent punishment. For a second offense alone, your license can be suspended up to a full year. If it is your second offense and someone was injured in an incident in which you were required to submit to chemical testing, you will likely spend time behind bars.

The only reasons allowed by law for refusing a roadside chemical test are:

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