Understanding California DUI Laws

Posted on October 2, 2012 by Guest post

Personally, I consider DUI laws as one of the best pieces of legislation that this nation’s honorable lawmakers have contributed to the wealth of American jurisprudence.

As it is, a lot of vehicle owners really can’t wrap their minds on the idea that drunk driving is a big no-no, considering the danger it poses to their lives, as well as to the lives of others. Also, apart from the threat to people’s lives, drinking while driving also serve as security risks to private and government properties.

It is for these specific reasons that DUI laws were crafted and enacted—to (hopefully) deter people from mixing alcohol with driving chores in a bid to keep accidents from happening. But, as I’ve said, some drivers are just too hard-headed to think of this simple fact.

Now, if you’re a California resident and you’re not very particular about the state’s DUI laws, then it’s important that you read further and understand this piece. But first off, some important statistics from a report released by the California Department of Alcohol and Drug Programs:

  • In 2010, a total of 1,768 individuals died in alcohol- and drug-induced vehicle accidents;
  • During the same year, some 24,343 cases of traffic-related bodily injuries were attributed to drunk driving;
  • Male offenders comprised a staggering 77.6 percent of all recorded DUI cases;
  • A whopping 197,879 drivers were slapped with a DUI charge;
  • Among all offenders, drivers aged 21-24 were found out to have the highest blood alcohol content (BAC) level ranging from .08 (the California legal limit) and higher.

Add to all these statistics the fact that California also happens to be the US state with the most number of DUI arrests (with 214,828 recorded cases as of January 26, 2012), according to the list released by the State Justice Department.

Now, let’s focus on the salient points of California DUI laws that you must know and understand fully:

  • California’s BAC limit is .08 percent for private vehicle drivers, while it’s .04 percent for drivers of public transportation;
  • California’s unique DUI provision states that an offender may be slapped with not just one, but two, misdemeanor charges in a single incident—driving under the influence and driving with BAC of .08 percent or higher;
  • Suspected DUI offenders are normally administered field sobriety tests (FSTs) to determine if they’re drunk or not. The good thing  is that you are not legally obligated to take such tests; the bad thing is that should the apprehending officer asked you to take a chemical test instead (such as blowing into a breathalyzer or undergoing blood test), then you’re obligated to heed the order or face a one-year license suspension plus jail time;
  • DUI cases in the state usually involves two processes: first is the criminal proceedings, where your guilt or innocence is ascertained by a trial judge; and second is the administrative license suspension proceedings, where the California Department of Motor Vehicle (DMV) decides on whether or not to suspend your license for a year;
  • Upon your arrest, the apprehending officer will take your license and then give you a pink slip, which will let you drive for 30 days. However, it is a must that you or your legal counsel contact DMV and ask for a hearing to be scheduled; otherwise, your license could be suspended for up to four months or longer depending on the specific circumstances concerning your DUI violation.

Now, as a piece of advice, I must tell you that in case you were pulled over for a suspected DUI violation, the trick is to politely and calmly talk to the apprehending officers. Should you be asked to undergo sobriety tests or answer questions, you have the right to refuse taking them or answering the questions. Instead, call your lawyer and ask for specific advice on what you should do. This way, you’d keep yourself from saying or doing anything that would worsen your predicament.

But the best advice that any lawyer could give you is, of course, this: do not drink and drive.

Safe driving!

About the Author:

Jesse Whitten is known as a highly respected Bakersfield criminal defense attorney. He specializes in DWI, DUI, assault and battery, domestic violence and other criminal cases.

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Underage Individuals and Driving Under the Influence

Posted on September 27, 2012 by Jay

We all know of the ramifications if an adult is caught driving under the influence but what happens if someone is under the age of 21 and drives under the influence? After all, they shouldn’t have consumed alcohol at all, let alone driving after drinking it.  Driving under the influence (DUI) is a serious offense, especially underage drunk driving. Currently, all 50 states, including the District of Columbia, have laws that make it a crime for anyone to drive with a blood alcohol concentration (BAC) of .08 percent. For those under the age of 21, however, that percentage is much lower.  Individuals cited for underage DUI usually face the consequences associated with two crimes: underage drinking and DUI. However, the underage DUI laws and the consequences thereof are less consistent across each state.

The process of arresting a minor is pretty much the same as in standard adult cases. There must be probable cause to stop the minor.  Minors will then be given field sobriety tests, a breathalyzer test and then taken to the station to be charged.  The penalties associated with a DUI for a minor can vary by state.  The minor may have a suspension of his license up to three years and also be ordered to attend driver’s courses. In addition to this, it may be difficult to obtain a job in the future or they may even lose the job that they currently have. In many states, anyone under 21 years of age caught driving with a BAC level of .02% or higher can be cited for an underage DUI. Although the punishments for underage DUI varies by state, the sentencing guidelines typically involve the following:

  • Paying fines ranging from $100 to $2,500
  • Impounding the car involved
  • Attending drug/alcohol and driver’s education classes
  • Completing between 30-60 days of community service
  • Revocation of driving privileges from 90 days to 3 years
  • Paying any and all fees associated with the punishments
  • Jail time, ranging from 2 days to a year
  • Probation for a period of 3 to 5 years

Of course, the legal implications here stretch far beyond a DUI charge. You have to take into account the fact that a person was drinking under the age of 21. This person will be charged with being a minor in possession of alcohol and if anyone else is in the vehicle that is drunk they will be charged with distributing alcohol to them as well. They may even be charged with soliciting alcohol from an adult or even holding fake ids. Further, the prosecutor makes the decision if charges are filed as an underage DUI, a “regular” DUI or both, and you will be sentenced accordingly. These are all pretty serious charges and something that you really don’t want to deal with.

In many states, a zero tolerance law applies to underage drinking. This means that it is illegal for people under the legal age to drive with a blood alcohol content level of anything but 0.0%. “Zero tolerance” means just that — zero tolerance for having any alcohol in your system while driving. Even using mouthwash with alcohol in it will subject you to prosecution under this section. Currently, 46 states have lower BAC levels for younger drivers. Additionally, 44 states have set their illegal BAC levels for drivers under 21 to 0.02% in order to allow for variation in alcohol testing instruments.  As part of the zero tolerance law, police officers have the right to require a breath test from drivers under the age of 21 if the officer has reason to believe that the driver is under the influence of alcohol. Drivers who refuse to submit to such a test or who register an illegal BAC level are subject to legal consequences, such as losing their driver’s licenses.

The reason why the police have taken such a hard stance on this is because thousands of people aged 15 to 20 are dying in motor vehicle accidents each year. 24% of these people were under the influence of alcohol at the time of the accident. These minors shouldn’t be even consuming alcohol let alone having the ability to drive on the road and cause fatal accidents, advised an Orlando bankruptcy law firm who deals with bankruptcy cases resulting from multiple offense DUI’s.

Some of the statistics of Underage DUI are staggering. Currently, motor vehicle accidents are the number one cause of death among people between the ages of 15 and 20. In 2005, there were 7,460 youth deaths that fell into this category, including passengers and drivers. Other drunk driving statistics related to underage DUI include:

  • 28 percent of 15 to 20-year-old drivers who died in car accidents had been drinking
  • Underage DUI seems to be a bigger problem for the males in that age category, as 24  percent of young male drivers involved in fatal accidents had been under the influence of alcohol at the time of the crash. 12 percent of young female drivers were involved in fatal crashes while drunk.
  • When polled, 28.5 percent of high school students nationwide admitted to riding in a car at least once while the driver was under the influence of alcohol.
  • Teens are less likely to wear seatbelts when alcohol is in their systems. 74 percent of the young drivers who were involved in fatal accidents were unrestrained at the point of impact.  (Source: lawfirms.com).

In 2007, 62% of students in the eighth grade reported that it is very easy or fairly easy to obtain alcohol. Additionally, the average age at which a person first uses alcohol has been decreasing since 1965.  An estimated 5.8 percent of 16 and 17 year olds and 15.1 percent of 18 to 20 year olds reported driving under the influence of alcohol in the past year. (Substance Abuse and Mental Health Services Administration. “Results from the 2010 National Survey on Drug Use and Health: Summary of National Findings.” September 2011.)  Kids who start drinking young are seven times more likely to be in an alcohol-related crash. Teen alcohol use kills about 6000 people each year, more than all illegal drugs combined.  Further, one in five teens binge drink and only 1 in 100 parents believes his or her teen binge drinks.  (Hingson, Ralph and D. Kenkel. “Social and Health Consequences of Underage Drinking.” In press. As quoted in Institute of Medicine National Research Council of the National Academies. Bonnie, Richard J. and Mary Ellen O’Connell, eds. Reducing Underage Drinking: A Collective Responsibility. Washington, DC: The National Academies Press, 2003).

Being caught driving under the influence of alcohol or drugs at such a young age has consequences that will affect you for the rest of your life. Put simply, don’t do it. The risks are far too huge both on the road and off the road.  If you are charged with a DUI at a young age then I suggest retaining a DUI lawyer who will be able to walk you through the process and defend you in court. The courts are taking a hard stance on Underage DUI and without someone to defend you, you are looking at some incredibly harsh punishments.  The courts will not care that you are young, their main concern is deterring you and other underage individuals from doing it in the future.  Don’t be made an example.

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How to Beat the Habit While You’re Beating the DUI

Posted on September 17, 2012 by Guest post

7986437522 6fb9e07849 300x225 How to Beat the Habit While Youre Beating the DUIIf you’ve gotten stopped for drinking and driving, your alcohol consumption might be coming under scrutiny. There is always this question: Is this an isolated incident or do you have a substance abuse problem that needs addressing? A arrest for a DUI should serve as a warning, and in the aftermath, a spark for a change in your lifestyle. Getting clean and sober is also an added benefit when it comes time for your court hearing, and the judge sees that you are serious about steering clear of a drinking pattern. The following are several helpful ways to beat a drinking habit.
Start an Alcohol Journal

A journal that keeps an accurate record of your drinking may help you get to the root of the problem and determine the reason for any overindulging. Write down your goals and mark your progress. If your goal is to stop drinking altogether or simply cut back, your journal will help you mark down the number of drinks you’ve tallied for the day, the time of day you are at your weakest and any feelings that may come to the surface.

Get Rid of Any Excess Alcohol

If you’re looking to stop drinking, you’ll want to get rid of any alcohol that you have sitting around the house. For those looking to cut back, you want to keep only minimal amounts of liquor around to avoid exceeding your daily limit. Each day you can try cutting back further and further until your need for alcohol has passed.

Put Together a Support Network

If you hang around with a group of people that like to hang out at bars and drink, you may want to rethink your network of friends. Put together a support group of family and friends with an array of interests that are not related to alcohol.

Hit the Gym

Getting involved in exercise and other physical activities will help you lead a healthier lifestyle. Working out with weights, riding your bike, walking, running and hiking are positive alternative activities that keep you out of the bar.  Signing up for monthly 5K runs will give your workouts a goal and could get you into health-conscious company.

Try Tapping

Tapping using emotional freedom techniques, EFT, is a form of psychological acupressure that is needle free and painless. It has been used to combat phobias, depression, anxiety, headaches, asthma, tension and substance abuse caused by drugs and alcohol. This type of therapy is done with your fingertips by lightly tapping on the various meridians in the head and upper body. The combination of tapping and vocal positive affirmations works to combat your phobias, and the desire to drink. It also helps restore balance and serenity to your entire body.

Getting arrested for a DUI can help you to address your issues and make you reassess your life. It’s important to find the approaches that allow you to stay focused and on track when you’re trying to attain your goal. Following these easy steps will lead you toward a healthier and happier road than the one that’s littered with beer bottles, DUI arrests and jail time. If you’re trying to stay sober, and you suffer a relapse, take a step back and reassess your situation. Many people have suffered a lapse in judgment, and they have come back to achieve success in cutting back or eliminating alcohol altogether from their daily lives.

Ann Bailey is a former journalist and contributes this advice on behalf of the online tapping training resource center.  At thetappingsolution.com patients will find an easy way to learn EFT and accomplish changes they want to make in their own lives without added drugs, needles, or psychotherapy sessions.

Photo Credit:  http://www.flickr.com/photos/cityrunningtourschicago/7986437522/

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Typical DUI Investigation And Arrest Process

Posted on September 11, 2012 by Jay

The investigation of the crime of Driving Under the Influence (DUI) begins and ends with the work of a well-trained law enforcement officer.  These officers observe driving behaviors of suspected DUI drivers, observe their physical appearances and movements, respond to 911 calls and accidents, administer field sobriety tests and will be the one to determine whether the driver is under the influence of alcohol or drugs.  These tasks under difficult conditions requires the law enforcement officer to make many decisions that will affect the individual being investigated.  Therefore the decisions made by the police officer must only be based on a thorough investigation.

There will be some warning signs that may indicate that you are driving under the influence, and these are the signs that police officers will be looking for. After you are pulled over the police officer will approach your car and ask for your driver’s license, registration, and proof of insurance. He may  ask you where you are going and where you have been. From the start of your conversation, he will be looking for clues that you are too intoxicated or impaired to drive.  If the officer has a reasonable suspicion that you are driving under the influence they will ask you to step out of the vehicle so that they can carry out further checks.  The officer must show he or she had a reason for stopping your vehicle initially. In order for your charges to hold up in court, you must have committed a traffic offense like speeding, running a red light, the officer noticing an open alcohol container in your vehicle or smelled alcohol upon approaching you, blood shot eyes, slurred speech, or that you are acting in a way that indicates your abilities are impaired. While poor driving can be caused by the effects of drugs or alcohol, an officer cannot assume that you are DUI simply based upon your driving behavior.  Further, driving in a particular neighborhood or late at night are not sufficient reasons for an officer to stop your vehicle either.  In other words, a police officer cannot begin a DUI investigation without having probable cause.

If the officer has probable cause to start a DUI investigation, the officer may ask you questions about whether or not you are under the influence of drugs or alcohol. You do not have to answer if you feel that you will incriminate yourself. However, your response or lack thereof may push the officer to have you perform a series of field sobriety tests. The three field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are the Walk and Turn, One Leg Stand and HGN (Horizontal Gaze Nystagmus). These field sobriety tests are used to examine whether your mental and physical abilities are impaired by alcohol or drugs to the point that you cannot drive. A Los Angeles personal injury law firm advised that these tests require walking and balancing exercises. Some individuals may have a medical condition that would interfere with their test results and if so, should alert the police officer to this fact prior to taking the tests.

Based upon your performance during the field sobriety tests, the officer may ask you to take a breath test. A breathalyzer is a portable device that can be used right at the roadside to determine if your BAC (blood alcohol level) is .08% or higher. Anyone with a .08% BAC level will be arrested for DUI. Drivers are legally required to perform a breathalyzer if a law enforcement officer requests one. Drivers who are charged with a breathalyzer refusal offense face the same penalties as those who are arrested for DUI.  It is becoming more and more common that breath tests are being administered in the field, which of course means that it gives the officer the ability to make an arrest there and then.  However, in some states this device used to administer breath tests have been known for its faults so if the officer is unable to prove it was maintained properly, your results may be inadmissible. Further, if the officer was not trained to administer field sobriety breath tests, your results may also be invalid.

If probable cause of a DUI is suspected based upon your field sobriety test results and/or the results of your breath test, you will be arrested and taken to the police station for further tests.  When the officer arrests you, they must inform you of your Miranda rights. At the police station you will be requested to take either a blood, breath or urine test once again to determine whether you are under the effects of drugs or alcohol. If you refuse to take these tests you will be charged with a DUI anyway. If you have refused to submit to a chemical test (blood, breath or urine), the officer must also read you the Implied Consent Warning which will inform you of the consequences of your refusal.  Those consequences will vary from state to state.  The officer is legally obligated to inform you of the consequences of refusing to take the tests otherwise, the charges against you may be dismissed.

To successfully prosecute a charge of DUI, the police officer must video and audio record his interaction with you from start to finish – meaning from the activation of his blue lights through the reading of your Miranda rights.  You will also be videoed at the police station when the officer re-administers the sobriety and/or breath tests.  Therefore, it is extremely important to remember that you will be video and audio recorded through the entire traffic stop and DUI investigation, including the entire testing process.  The recording can be used against you by the prosecution in your DUI case.

If you have been charged with a DUI it is a pretty serious offense. It is best to hire a  DUI lawyer who is experienced and knows the proper procedures that must be followed by police officers during a DUI investigation.  A DUI lawyer because can guide you through the process and ensure that the effects on your life are as minimal as possible.

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Do You Need An Attorney For A First Time DUI Offense?

Posted on September 10, 2012 by Guest post

Some people feel as if a DUI charge is not that big of a deal. They think that they will go into court and be released with a small fine and no jail time. Unfortunately, the complexities of DUI laws in many states end up making the defendant regret taking the charge so lightly. Even a person who receives their first DUI charge can face serious consequences. These of course will vary by state, but the penalties are not light regardless of where a person is charged. Many people wonder if they really need a lawyer when facing their first DUI charge. Obtaining a lawyer in any legal battle is a good idea, but there are some advantages for a person who represents themselves as well.

Going Pro Se

Pro se is a legal term that basically means a person is representing themselves. As one Virginia DUI lawyer points out, most attorneys would highly discourage a person from taking this specific avenue, but in some cases a person just has no other choice. People may feel as if their first DUI charge isn’t too big of a deal and could be handled on their own. While this thinking is flawed, there are a few advantages that come with a person representing themselves:

  • Cost Savings
    This is the most likely reason a person will choose to go pro se on their first DUI charge. Hiring a lawyer can be expensive, and some people just can’t afford it. Anyone representing themselves will most likely still face a few fees related to filing court documents, but the overall savings are immense.
  • Ability to Speak Directly to Judge and Prosecutor
    Going pro se will allow a person to act directly as their own lawyer. This means they will be able to speak directly with the judge and the prosecuting attorney. This direct contact can sometimes be beneficial in reaching a mutually beneficial result.
  • Less Adversarial
    Some defendants find that representing themselves provides for a less adversarial climate. Having two lawyers trying to outdo each other can cause a tense environment. Judges and prosecuting attorneys are likely to go easier on pro se litigants due to their lack of knowledge.

Hiring a Lawyer

Hiring a lawyer can be beneficial even for a person charged with their first DUI charge. There is no guarantee that judges and prosecutors will go easier on pro se litigants as mentioned earlier. If they choose not to treat the defendant leniently, the accused will likely regret taking on the case themselves. Many people choose not to hire a lawyer because they believe the repercussions for one DUI cannot be that bad, but they may be highly mistaken depending on where they received the charge and the judge trying their case.

The potential penalties from a guilty DUI verdict can include:

  • Most states provide for actual jail time in DUI cases
  • Many areas in the U.S. require a person to get an ignition interlock device on their vehicles after a DUI conviction. This costs money that the defendant must pay.
  • The fines for a first time DUI can reach into the thousands of dollars.
  • Probation will also be a costly endeavor if a person is convicted.
  • Lawyers know the rules of having a license suspension overturned in their area.

While there are some benefits to a person representing themselves, the disadvantages far outweigh the possible advantages. Even for a first DUI charge a person should retain legal counsel. People falsely believe that the consequences of a first conviction cannot be that bad, but courts will often go harder on a person who is convicted simply because they didn’t take a plea deal and save the court time. If a person is forced to go pro se, they should call their local legal aid services to see what help they can get, but if at all possible, a person should retain counsel immediately.

This article was written by Georgina Clatworthy, a legal writer, researcher and editor.  She is currently a contributing writer for the Virginia DUI lawyer partners, The Wilson Law Firm. Their lawyers know that experience matters and understand that facing a DUI charge can be a daunting prospect. A consultation with them can help you take the appropriate steps toward an effective defense.

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Summer Parties – Is Drinking and Driving on the Rise?

Posted on September 5, 2012 by Guest post

wineglasses 300x225 Summer Parties Is Drinking and Driving on the Rise?Drinking and driving is a serious problem in virtually every community across the country, and unfortunately, many of these communities see a rise in DUI-related accidents, injuries and fatalities during the summer months. There are a number of reasons for the rise in DUIs during the summer, but the most common include:

1. Weather

As the weather warms up during the summer, more and more people spend time outdoors. This could mean going out to a bar or restaurant, or it could mean having friends over for a cookout or to enjoy drinks on a back patio. As a result of spending more time outdoors, people are more likely to drive from place to place, and if they’re intoxicated, this will contribute to the number of DUI-related incidents.

2. School is Out

Because school is out of session for most students during the summer months, kids, teens and young adults often have idle time on their hands. Many young people spend this free time hanging out with friends, and this may lead to drinking or using drugs. Teens and young adults often are not aware of their alcohol tolerance levels, and this can cause over-imbibing. Additionally, teens and young adults may not have the skills necessary to pilot a motor vehicle while sober, let alone after they have been drinking. This may lead to DUI charges, accidents, injuries and death.

Don’t Drink and Drive

If you or someone you know has had too much to drink, it’s imperative that you contact a designated driver instead of driving yourself. Never get behind the wheel if you’ve had too much to drink. If you have been drinking and are questioning whether you are within the limits of your state’s DUI regulations, it is a good idea to call someone to pick you up. DUIs can have a variety of negative legal, emotional and financial consequences, many of which will haunt you for the rest of your life.

Consequences of a DUI

During the summer or any other season, a DUI conviction can lead to fines, fees, jail time and other penalties. In addition, individuals who have been convicted of a DUI may face the loss of a driver’s license, a permanent criminal record and increased auto insurance premiums. Of course, if someone is injured or killed in your DUI-related accident, the consequences can become much more severe. Drivers who have injured or killed someone during a DUI-related incident may face many years in federal prison as well as restitution payments to the family members of any victims involved.

What to Do if You’ve Been Charged

If you have been charged with a DUI during any time of the year, the law offices of Johnson & Johnson want you to know that you have options. It is in your best interests to hire a qualified attorney who has years of experience representing people in DUI cases and other criminal offenses. Your legal counsel will be able to help you with all aspects of a DUI-related offense, including understanding the charges you are facing, the financial and punitive damages you may be subjected to, and representing you in court.

Finally, it’s important to realize that driving is a privilege, and as such, it should always be respected. Anytime that you pilot a motor vehicle, you are responsible not only for your own life, but also for the lives of those around you, including other drivers on the road and their passengers. Don’t risk a DUI. Always have a designated driver available, call a friend, or call a cab if you’ve had too much to drink.

Karla M. Somers is a writer with a background in conflict management. She is a contributing author for The Law Offices of Johnson & Johnson, a Walnut Creek, California criminal defense team experienced in all types of cases related to DUI and juvenile crimes. These qualified attorneys have completed specialized training in the entire DUI process, so they are able to help their clients understand the complexities of a DUI charge.

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Job Loss As a Result of a DUI

Posted on August 31, 2012 by Jay

Often times individuals only think of the immediate consequences of being charged with driving under the influence (DUI).  For example, an offender charged with a DUI could face jail time, community service, hefty fines and/or loss of their driver’s license. Many people don’t give credence to the fact that there may be many additional penalties as a direct correlation of being charged with a DUI that significantly affects other aspects of their life.  Below are other non-immediate consequences of being charged with a DUI that could potentially affect you for the rest of your life.

If you are arrested and cannot make it into work or cannot post bond timely in order to return to your everyday responsibilities, your employer may have a problem with you missing work on such short notice or no notice at all.  This in effect could lead to loss of your job due to missing work for a lengthy period of time.  You could even possibly lose your job after missing only one day of work as many employers have a zero tolerance policy for “no call, no show” absences.  Further, having to meet the requirements of your sentencing for your DUI charge, i.e., community service, mandatory drug and alcohol classes, etc., may cut into your job time and have serious implications up to and including termination.  A local Columbus DUI law firm also added that finding a new job may be difficult beyond this point as you will now have a criminal record that reflects your DUI charge.  Most employers run a background check on potential new hires and unless you keep the current job you have, the new employer will most certainly find out and may decide to pass on your application.

What happens if you have a driving job and need a vehicle to carry out your employment but have lost your driver’s license due to your DUI charge? You will most certainly lose your job because you will not be able to fulfill your position in the same manner that you could before and therefore you no longer meet the terms of your employment. If you do not lose your driver’s license you may have dodged a bullet, however some jobs require that you have and maintain a clean driving record. Being charged with a DUI will blemish your driving record and you may lose your driving job and most likely will not be able to attain another driving job in the immediate future.

Your problems don’t just stop here. A DUI Conviction is a criminal offense and of course potential employers will not look too favorably upon that. As stated before, most employers perform a criminal background check and if you have a DUI charge on your record, employers may pass on your application in favor of someone who does not. You will definitely have a difficult time in applying for jobs if you are caught driving under the influence of drugs or alcohol. Even if a potential employer does not run a criminal background check, you may still be limited by the amount of places that you can apply for employment depending upon the terms of your release on bond or your DUI conviction.  You will also need to make honest declarations on your job applications as to whether you have ever been arrested in the past or have any criminal convictions. Potential employers deem individuals that have had a conviction in the past for a drug or alcohol related crime as just too risky.

Of course, the best way in which you can avoid these situations is to not drive while under the influence of drugs or alcohol. This will mean that you won’t have to face losing your job or face the challenges of looking for new employment. If you have already been charged with a DUI then your best option is to hire an experienced lawyer who will try their best to get a reduction in the charges or penalties that will be placed against you.  It is a strong possibility that this lawyer is the difference between you keeping your job and losing it.

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Destination DUI – How to Keep Your Florida Vacation from Becoming a Staycation

Posted on August 26, 2012 by Guest post

Everyone needs a vacation from time to time and Florida is clearly one of the most popular destinations. Very often vacation plans include alcohol. In Florida, it is important to be careful about alcohol consumption. The local authorities are well aware of this social connection and they are very serious about prosecution for alcohol-related criminal situations. This is particularly true in the central part of the state around the Orlando area. Tourism is a crucial industry to the state economy and many of the regional attractions are family-oriented.

JUST DON’T DRINK AND DRIVE

The message is simple. In fact, it may be too simple. Often, individuals who have been drinking make bad decisions because of the alcohol consumption. Many times that includes a bad decision to drink and drive. Multiple offenders have experienced problems from the unlawful activity and understand the associated risks. Many people think that an initial charge will result in minimal punishment, but that is not necessarily the case. Our Orlando dui lawyer reminds us that Florida has been at the forefront of states that have enhanced their DUI conviction penalties and aggravating circumstances can result in much harsher punishment.

DUI LAWS IN FLORIDA

The level of impairment necessary for a DUI conviction is .08, which is consistent with most of the United States. The level of impairment of .05 can constitute reckless driving. The bottom line is the fact that it takes very little alcohol to surpass these thresholds. Impaired drivers education classes are mandatory for all convictions. A first DUI will result in 12 hours of ADE education. A second DUI results in 21 hours minimum of ADE education that must be completed by the defendant at a class service registered with the state of Florida. Additionally, a driver can be held at a jail up to eight hours awaiting sobriety. If the blood alcohol content (BAC) goes below .05, the suspect is usually released.

INCARCERATION AND PENALTIES

Fines range from a minimum of $500 to a maximum of $2000. First DUI offenders are required to complete at least 50 hours of community service, which would surely put a damper on a vacation. There are no mandatory minimum incarceration penalties for a first offense. A second conviction will result in a 10 day minimum jail sentence along with increased fines. Judges also have the latitude of a maximum of 9-12 months depending on the circumstances of the case. A third offense is a mandatory sentence of 30 days and a fourth is classified as a felony and can be punishable by up to five years in a state prison. Individuals from other states will always need effective and experienced local counsel to negotiate a settlement with the Florida court.

A DUI conviction can create many other life problems for the convicted driver. A conviction can result in a loss or denial of employment, depending on the particular available position. The comprehensive strategy by states to enhance the penalties has ensured that anyone caught driving impaired will be dealt with firmly.

Ann Bailey is a contributing writer for Katz & Phillips, an Orlando dui lawyer group, defending state and federal offenders in all instances of DUI, as well as theft, violence, juvenile, drug, white collar and Internet crimes.  Founders of the firm recommend all detainees retain private legal counsel in criminal arrest cases, not only for the superior advice, but also for the personal attention such help can provide anyone in an adverse arrest situation.

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Ignition Interlock Device for Convicted DUI Offenders

Posted on August 21, 2012 by Jay

A DUI conviction is a particularly serious offense. The courts have concluded that the offender is a danger on the roads and the court will sentence you within the court’s discretion under the constricts of the law. This can include hefty fines, jail time (even for first offenses), community service, loss of driver’s license, mandatory driving classes and mandatory drug or alcohol treatment programs, etc. These types of penalties do not touch upon the fact that a DUI conviction may have a number of far reaching consequences in every other aspect of your life. It can impact your ability to get a job and may even cause you to lose your current job after being convicted for driving under the influence. Another penalty that is becoming more and more commonplace for courts to utilize as a deterrent for individuals convicted of a DUI is sentencing individuals to have an Ignition Interlock Device installed in the offender’s vehicle.

An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a mechanism, like a breathalyzer, installed on a motor vehicle’s dashboard and wired to the vehicle’s ignition. Before the vehicle’s engine can be started, the driver first must exhale into the device; if the subsequent breath-alcohol concentration analyzed result is greater than the pre-set blood alcohol concentration—usually 0.02% or 0.04%, the device prevents the engine from being started. A Houston DWI law firm advised that at random times after the engine has been started, the IID will require another breath sample. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system. Called the “rolling” or “running” retest, these additional tests are there to prevent a driver from having a friend from starting the car and then allowing an impaired driver to take over the wheel. It also prevents the driver from taking alcohol inside the car and drink while driving after the breath sample is provided. If the breath sample isn’t provided, or the sample exceeds the ignition interlock’s pre-set blood alcohol level, the device will log the event, warn the driver and then start up an alarm (i.e., lights flashing, horn honking) until the ignition is turned off or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability. (Wikipedia). Therefore for safety purposes, the driver actually must be the one to turn off the engine after a breathalyzer reading has exceeded the allowable limit.

When the court orders the use of an IID, you must have one installed by an authorized installer and provide proof of the installation to the court. The interlock device installer is required to electronically send periodic reports of your interlock usage to the DMV or the courts. Those reports are monitored to indicate whether there’s a failure to comply with interlock requirements, tampering, circumvention, or certain other violations. The court has special forms and procedures to monitor drivers ordered to have an IID device installed. After the court notifies the Department of Motor Vehicles (DMV), the DMV will note your driving record so that law enforcement officers are aware of the IID requirement if you are stopped. The DMV will also place a restriction on your driver’s license. Placing a restriction on your driver’s license serves as a deterrent for an individual to drive someone else’s vehicle that does not have the IID. If you fail to comply with a court-ordered IID restriction, the court will notify the DMV and your driving privilege may be suspended until you comply with the court order. Aside from court ordered IID restrictions, there are also DMV ordered IID restrictions. In the State of California for instance, the DMV is required to impose an IID restriction on the driving privilege of a person convicted of driving with a suspended or revoked license for a DUI conviction (California Vehicle Code (CVC) §§14601.2, 14601.4, or 14601.5). These laws will vary from state to state as not all states allow the DMV to place an IID restriction against an individual’s driver’s license or record. Most states must have a court-ordered IID restriction in place before they require installation of an IID in an offender’s vehicle.

The International Council on Alcohol, Drugs and Traffic Safety maintains that IIDs, when combined with a comprehensive monitoring and service program, leads to a 40-95% reduction in the rate of repeat drunk driving offenses among DUI offenders as long as the IID remains on the vehicle. State law requires that your driving privilege remain suspended or revoked until the DMV or the courts receive proof of a functioning interlock in each motor vehicle you operate, even though you may not be the registered owner. If you have no vehicle, or do not intend to operate a vehicle, your driving privilege will remain suspended or revoked until you are ready to install an interlock device and reinstate your driving privilege.

The cost of the ignition interlock device is not cheap and generally they are reserved for people that have multiple DUI convictions, however you could be ordered to have an IID installed in your vehicle after your very first conviction depending on the circumstances. Those ordered to have an IID in their vehicle must pay for the installation, monitoring and maintenance themselves. The overall cost of installation, calibration and scheduled maintenance is the responsibility of the offender. An ignition interlock device will cost around $75.00 per month and a couple of hundred dollars to be installed. Some states have programs that will subsidize the monthly cost if the offender can prove that they do not have the financial means to pay the monthly charges. The incentive for offenders to participate in the program is that the ignition interlock program provides DUI offenders with an alternative to full driver’s license suspension or revocation. States like the use of IIDs because it serves as a good deterrent and reduces recidivism for DUI offenders. The ignition interlock program doesn’t really require taxpayer money and the main goal for every state is that their ignition interlock program is self-sustaining since the DUI offender is required to pay the fees.

If you have been charged with a DUI then you should contact a DUI lawyer as soon as possible. These helpful guys are specialists in the area of DUI offenses and will be able to walk you through the process of a DUI as well as attempt to get the penalties reduced against you in the court of law. Often times a DUI lawyer will be able to provide an offender with other options besides driver’s license suspension including but not limited to payment of fines, community service, drug and alcohol classes or enrolling the offender in the Ignition Interlock Device program.

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Driving License Suspensions When Convicted of a DUI

Posted on August 9, 2012 by Jay

One of the most common consequences for those that drive while under the influence of either drugs or alcohol is the suspension of their driver’s license.  A DUI (driving while under the influence) conviction can have long lasting effects on your life. Your travel options will be limited and you could stand to lose your job. Further, a DUI conviction can potentially prevent you from finding employment because the offense will become a permanent part of your record which will appear on your background check.  Many people seem to think that their driver’s license will only be suspended once they are convicted in court, but this is not the case.  Often times the offender’s driving privileges will be immediately suspended once they are arrested for a DUI.  Additionally, the offender’s driver’s license can actually receive multiple suspensions at the same time. Let’s take a look at this in more depth.

The first type of suspension you could receive against your driver’s license is known as an administrative license suspension (ALS).  An ALS occurs when a police officer has reason to believe an individual has been driving their vehicle while under the influence of alcohol or drugs. The officer will request that the individual submit to a field sobriety test and/or chemical analysis testing (of blood, breath or urine).  If the individual refuses to submit to the administration of the sobriety test, or agrees to submit to testing but fails, the individual will be placed under arrest and the arresting officer has the option of immediately suspending the individual’s driver’s license by placing an ALS against the offender’s license.  The reason your driver’s license can still be suspended for refusal to submit to chemical testing upon an officer’s request is because when you receive your license you must sign that you agree that operation of a motor vehicle constitutes consent to any sobriety test required by law. This is often printed on the face of the driver’s license itself.  Refusal to submit to a sobriety test of any kind thereby revokes your privilege to drive and you must surrender your driving license upon request.  If you are arrested because you either refuse to submit to sobriety testing or you have failed a sobriety test, the arresting agency will seize control of your driver’s license, thus issuing an immediate suspension without leave of court.  An ALS is the first of many ways in which an individual’s driver’s license can be suspended.

According to a Los Angeles DUI law firm, If an individual is charged with a DUI they will have to appear in court.  If they fail to appear, their driver’s license will be suspended.  This type of suspension is called a “failure to appear.”  Once an individual fails to appear in court for a DUI, not only will a suspension be posted against their driver’s license for failing to appear, but in most cases a warrant will also be issued for their arrest.  A failure to appear suspension is the second type of driver’s license suspension.

A driver’s license suspension can be issued for failure to pay a court-ordered penalty.  Often times once a DUI charge has been resolved and the offender has either been convicted or has plead out, the individual may be ordered to pay certain fines, including administrative court costs.  The court will give the individual a specific amount of time to pay the fines (usually 30 or 60 days).  If the individual fails to pay the court-ordered penalty within the time frame allotted by the court, a suspension will be issued against the offender’s driver’s license for failure to pay the court-ordered penalty.

Upon resolution of a DUI case, an individual can also be ordered to complete probation, community service or be placed in community control.  If the individual does not adhere to the requirements of either of these penalties, a suspension will be issued against the offender’s driver’s license.  Basically, anything that is court-ordered must be adhered to.  Failure to comply with any type of court-ordered penalty will result in suspension.

In certain situations after an individual’s driver’s license has been suspended for a DUI, one can apply for a hardship license.  Each application is reviewed and evaluated on an individual basis.  The hardship license is valid only for daylight hours and for travel to authorized locations as specified in the approval letter. Whether you are entitled to one of these licenses or not depends on previous DUI convictions that you may have had.  Each state has its own set of laws governing hardship licenses.  For instance in the State of Florida, the hardship license is called a business purpose/employment purposes only license.  Here is an example of the types of penalties an individual can face in the State of Florida after a driver’s license suspension for a DUI:

Business Purposes Only/Employment Purposes Only Reinstatements- Fla. Stat. 322.271, Fla. Stat. 322.28

  • First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL (blood alcohol level) of .15.
  • Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
  • Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
  • Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.
  • DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from the date of revocation or expired from date of term of incarceration provided the following requirements have been met:

1.   Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
2.   Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3.   Has been alcohol and drug-free for at least 5 years prior to the hearing; and
4.   Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
5. Ignition interlock device required for two years.

  • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

States can have very stringent laws governing DUI convictions.  Exactly how stringent the laws are pertaining to a DUI depends on the state in which you reside.

As you can see, an individual’s driver’s license can be suspended in various ways for a DUI. An individual could also have their driver’s license suspended multiple times for various violations. The amount of time that your license is suspended varies between states and the amount of convictions that you have will definitely govern the length of your suspension.  Whether you wish to obtain a hardship license or just resolve the DUI altogether, the best option you have is finding a lawyer who can assist you through the process every step of the way. An attorney will be able to obtain better results than attempting resolution on your own.  You will want to find a lawyer whose area of expertise is DUI cases as they generally will have the most experience in dealing with this particular type of case.

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