Articles Posted in DUI

In California, repeat DUI offenders face stiff penalties. For example, a first time DUI offender may face a six-month license suspension and fines of up to $1,800. A person’s second DUI offense could result in a mandatory jail time of up to 30 days, a two-year license suspension, and up to $2,800 in penalties. A third DUI offense will result in a mandatory year-long jail sentence coupled with a three-year license suspension. A new law, which will go into effect in 2012, will further penalize fourth-time DUI offenders by taking away their driving privileges for 10 years.

Under California Vehicle Code 23597, there will be enhanced penalties for drivers who have had four DUI convictions within a 10-year period. The court will potentially have the power to enforce a decade-long license suspension to anyone who has been convicted of three or more DUI offenses. The court will take into consideration the amount of time between each conviction and the circumstances of the arrests.

The new law would provide repeat offenders an opportunity to have their 10-year suspension reduced to five years if they have had no other drug or alcohol convictions during that time. While the bill could cause some repeat DUI offenders to think twice about driving under the influence, it can have devastating consequences on the lives and livelihoods of those wrongfully convicted of a DUI in California.

With the Super Bowl approaching this weekend, southern California residents and visitors can expect many drunk driving checkpoints at various locations. Edhat Online Magazine notes that 105 alcohol-related injury accidents occurred in California with 11 deaths on Super Bowl Sunday in 2009. In 2010, 79 alcohol-related injury accidents took place in California with 4 deaths.

DUI checkpoints in California and throughout the United States have always been controversial in terms of the inconveniences they pose and their accuracy in properly identifying motorists who are illegally intoxicated. While DUI checkpoints can occur on any given day at any time, Super Bowl Sunday attracts a significant amount of attention in being considered an event that lays the foundation of temptation for drunk driving. However, as a recent OC Register article emphasizes, law enforcement often targets specific areas – Super Bowl or not – that are suspected of attracting drunk driving.

According to the article, Huntington Beach has been reported to have the most DUI crashes in California, causing police to issue a downtown foot patrol, apply for additional DUI checkpoint grants and ask for more education outreach for local bars and restaurants. Huntington Beach also recently sought permission to place the names of “habitual drunken drivers” on the police department’s Facebook page. This procedure was denied by a council majority in January.

“My Name Is Earl” actress Jaime Pressly, 33, was arrested for drunk driving in Santa Monica. According to an ABC News report, Pressly was booked for DUI after being pulled over for a traffic violation, and was held in jail overnight. It is unclear how police determined she was under the influence or what her blood alcohol concentration (BAC) was at the time of her arrest.

In the state of California, a first-time drunk driving conviction could result in up to six months in jail, a fine of up to $1,600 and a six-month driver’s license suspension. Additionally, convicted first-time offenders are required to complete a Driving Under the Influence Program. Convicted DUI offenders may also be required to install an Ignition Interlock Device (IID) in their vehicle. Each California DUI offense may result in additional penalties, so whether you are a first-time offender or a repeat offender, it would be in your best interest to fight the charges with an experienced attorney by your side.

A skilled DUI defense lawyer will first determine if a defendant’s rights were violated at any time during the arrest. If the charges cannot be thrown out, a DUI defense attorney will strive to have the charges reduced. Alternative sentencing may also be an option, especially for first-time offenders.

It is no secret that drunk driving incidents and arrests are at an all-time high in Los Angeles as well as in the rest of the country during the holiday season. This increase could be attributed to an increased number of parties and increased enforcement on the part of law enforcement agencies. A number of police departments also conduct several California sobriety checkpoints during the holidays, the primary goal of which is to apprehend those driving under the influence.

A DUI arrest in Los Angeles, of course, comes with a hefty price tag. Typically, consequences include jail time, license suspension, fines and installation of an ignition interlock device. The best strategy during the holidays is to completely avoid a drunk driving arrest. There are several steps you can take to prevent getting into such a situation.

First of all, you should never drink and drive. If you have a drink at a holiday gathering, you should call a cab or have a designated driver take you home. If you are disoriented after consuming several drinks, you should remain where you are until you are sober or have a friend take you to your house. During the holidays, it is always a good idea to plan ahead to have a designated driver if you know you are going to consume alcohol at a party.

A new California law requires that first-time DUI offenders to install ignition interlock devices (IIDs) in their vehicles. There is no question that California is one of the states that gets the most publicity for an increased number of DUI arrests, with a number of them involving celebrities.

What does this law mean for those arrested for a DUI? The new law requires offenders to install ignition interlock devices in any of their motor vehicles that they own or drive. The IIDs work in the same manner as a breathalyzer would: In order to be able to start the vehicle, a driver would have to blow into the device. The vehicle will not start if the person’s blood alcohol concentration (BAC) is over the legal limit. In California, it is illegal to drive with a BAC of 0.08 percent or higher. These devices also require the driver to stop and perform the test repeatedly at random intervals to ensure the driver is not driving drunk.

Ignition interlock devices come at a price. It could cost an individual up to $125 up front and about $60 monthly. Under the new law, first-time offenders must have these devices installed for at least five months. Second-time offenders are required to have the IID in their vehicle for a year, and a third-time DUI offender will have the IID for two years. If the DUI caused an injury, those periods will automatically double.

A new survey shows that a majority of Californians believe drivers under the influence of drugs should face the same penalties as drivers who are convicted for operating under the influence of alcohol, reports The Car Connection.

The California Office of Traffic Safety reports that almost 70 percent of those surveyed approve of harsh penalties for drivers who are operating under the influence of drugs. The study also showed a strong support for sobriety checkpoints. It is not clear how the government will use this study, which involved 1,671 Californians.

According to a report by the Centers for Disease Control and Prevention (CDC), 18 percent of all fatal car accidents involve drugs other than alcohol. California Vehicle Code 23152 (a) states: “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.”

City officials of Huntington Beach are considering posting DUI arrests in the city on Facebook to deter potential drunk drivers. According to a news report in The Los Angeles Times, Huntington Beach city officials believe that public shaming could become a worthwhile deterrent for drivers. This new tactic was proposed shortly after a local newspaper stopped printing the names of DUI drivers. It is not clear if they will post a retraction on Facebook if the driver was wrongfully arrested or not convicted.

This form of public shaming could act as a disincentive, but it could also become a serious problem for someone who was wrongfully charged with drunk driving in Huntington Beach. Should drivers who have been wrongfully arrested for a DUI endure humiliation this publically? Are we under the assumption that law enforcement officials are always right?

There is no telling what kind of negative impact a public posting of a DUI arrest on Facebook can have on a person’s personal life and career. This type of penalty is just another reason why it is crucial for anyone accused of driving under the influence to seek the counsel of an experienced Orange County DUI defense attorney right away after their arrest. A skilled lawyer will fight to have the charges reduced or dismissed immediately.

According to a news report in The Orange County Register, Matt Keough, the estranged husband of Jeana Keough from the popular television show “The Real Housewives of Orange County” has been sentenced to a year in jail and three years of probation following a drunk driving conviction in October. Keough was arrested for driving under the influence in Coto de Caza when police pulled him over for a rolling stop at a stop sign. At the time of his DUI arrest, his blood alcohol content level was 0.30, which is nearly four times the legal limit. This was his second California DUI conviction following an August 2009 incident.

California Vehicle Code Section 23152 (a) states: “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.” First-time DUI offenders face up to six months in jail, a $1,000 fine, a six-month license suspension, a required DUI course and the potential installation of an ignition interlock device. Penalties for repeat DUI offenders are significantly more severe, including a year of incarceration for second-time DUI offenders.

It is crucial to fight any and all California DUI charges with the help of an experienced drunk driving attorney. A skilled Orange County drunk driving attorney will investigate how the arrest was made to determine if any of the defendant’s rights were violated, if proper police procedures were followed and if the DUI charges may be reduced or dismissed.

On September 27, a new bill which penalizes repeat DUI offenders was signed into law by Governor Arnold Schwarzenegger. According to a report by the San Mateo County Times, under the new DUI law, drunk drivers who have been convicted of driving under the influence three times in 10 years could lose their licenses for a decade. California Assemblyman Jerry Hill believes that the new DUI law will take away up to 10,000 drivers’ licenses. The new law enforcement will begin January 1, 2012.

This new law is another attempt to crack down on DUI offenders in California. While the intent of the law is to penalize repeat offenders, it may have a devastating impact on drivers and the families of those who are wrongfully convicted of a California DUI. Losing your license for 10 years can seriously and adversely impact your life.

With this new California DUI law, if you are wrongfully charged with a first- or second-time DUI and you choose to accept the penalties, you are leaving the door open for future problems. This law is like the “three strikes law” – only instead of going to prison for the rest of your life, you lose your driving privileges for a decade.