Thursday, December 25, 2008

 

Don't drink & drive - California DUI consequences

San Diego DUI defense lawyers and San Diego DUI criminal attorneys at learned that don't drink and drive this holiday. Unless you want a ticket.

California Highway Patrol officers will be on the road keeping an eye out for drunken drivers during the department's Christmas Maximum Enforcement Period, which started Wednesday night and ends midnight, Sunday.

"All available CHP officer will be out on the road," said department spokesman Officer Terry Liu.

Enforcement periods are based on the increased number of travellers leaving and coming back to their homes, he said.

The department is also asking people to call 9-1-1 and report drivers they suspect are driving under the influence.

Last year's enforcement led to the arrests of 1,661 drivers statewide for driving under the influence. There were 43 people killed in 4,613 crashes. And 18 of those fatalities were alcohol-related, according to the CHP.

Liu said officers will be focusing on all types of infractions.

"Most of our DUI arrests happen when drivers are pulled over for other violations," he said.

Other law enforcement agencies will also be on the lookout for those who tip a few back and get behind the wheel.

"Our officers are always encouraged to be vigilant for people who are driving under the influence," said Whittier Police Lt. Wyatt Powell.

Glendora Police and county deputies out on patrol will likewise be instructed to keep an eye out for such drivers.

"We talk about it all the time. This is prime drunk driving season with all the holiday parties," said Glendora Sgt. Scott Strong.
Pasadena Police and other agencies will send officers to a DUI checkpoint in Glendale spearheaded by Glendale Police, according to Pasadena Lt. Phlunte Riddle

Riddle would like people to enjoy the holidays and be responsible. Those who drink must use a designated driver.

"Save their life and someone else's," she said to people thinking of skipping on alcohol so they can drive loved ones home safely.

The CHP will be out in force for the New Year's holiday weekend as well.

First of all an arrest for a DUI is not a conviction and will not result in any long term repercussions or consequences unless you are convicted in Court and/or fail to request a DMV hearing within the alotted time. With that being said, you must understand if you do not hire a Lawyer to fight the case your chances of avoiding a conviction are not good. Many DUI Lawyers have very high success rates for their clients and are able to avoid the mandatory consequences in many cases. The following information assumes the person does not choose to fight his or her California DUI or DWI and simply wishes to plead guilty and/or not hire a Lawyer to challenge the DMV suspension:

DMV License Consequences:Age 21 or Over, With Chemical Test:
1st Offense: Four months Drivers License suspension.
2nd Offense: One year suspension.
3rd Offense: Two year revocation.
4th Offense: Three year revocation.
Refusal:1st Offense: Drivers License suspension for one year, with no possibility of
provisional or restricted license.
2nd Offense: License suspension for two years.
3rd Offense: License suspension for three years.
4th Offense: License revocation for four years.
Under 21:For drivers under the age of 21 at the time of the arrest, a one year license suspension will be imposed. However, an experienced attorney can help in acquiring a critical need restriction for work, school or medical appointments.
Court Consequences on the 23152 DUI charges

1st Offense:
Some courts do not require jail time on a first-offense, unless there are grounds for a sentence enhancement (such as a minor in the car, speed enhancements, a blood alcohol concentration (BAC) of .20% or higher, refusing the chemical test, or others). Other courts require some jail time (48 hours to 10 days), even on a first offense.

The required alcohol education program will also vary. The standard
program is once a week for 12 weeks; however, where the BAC is .15% or higher, a six or even nine month program will be ordered.

2nd Offense (One prior conviction within last 10 years):
By law, the mandatory minimum jail time on a second offense DUI is 96 hours, although this can be served in two 48-hour periods. Some courts will allow city jail. Still other courts will routinely impose much harsher jail sentences on a second-offense DWI, with sentences of 30 days or more.

The SB-38 alcohol education program for a second offense DUI is 18
months long. An ignition interlock device may be required.

3rd Offense (Two prior DUI convictions within last 10 years):
A California mandatory minimum jail sentence of 120 days and 3 year license revocation. (** New legislation as of 2007 may allow you to obtain a restricted license for work purposes)

4th Offense (Three or more DUI convictions within last 10 years):
A fourth offense Drunk Driving conviction is a "wobbler", meaning it can be charged as a misdemeanor or a felony. Punishment can range from up to one year in county jail, up to three years in a California state prison.


DUI Sentence Enhancements in Court:

Enhancements are added punishments the Judge must order for cases involving special factors or what the law considers more egregious conduct, some examples include:
Refusal to take the chemical test;
BAC of .15% or .20% or higher;
Speeding 20 miles per hour above speed limit on side streets, or 30 mph over the speed limit on the freeway, where driving recklessly and DUI, (requires 60 days in jail if convicted);
Minor in car while driver DUI;
Traffic Accident;
Prior convictions;
Injuries (VC 23153);
Drugs in system in addition to alcohol
Any of these sentencing enhancements can result in additional fines, penalty assessments per statute jail time, impounding of the car, requirement of attendance at AA meetings or other educational programs, attendance at a Mothers' Against Drunk Driving Victim Impact Panel, imposition of the Hospital and Morgue Program, in patient alcohol treatment, Cal Trans work crew, SR-22, and other inconvenient items according to SanDiegoDUI.com attorneys.



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