DUI & Drunk Driving
National Safety Board Recommends Dropping DUI Limit From 0.08 To 0.05
On May 14, 2013, the National Transportation Safety Board recommended that all states drop the legal limit for a DUI from 0.08 to 0.05. If this law were to be passed in California it would drastically increase the number of DUI arrests. The NTSB claims that by reducing the legal limit from 0.08 down to 0.05 it would cut the deaths in DUI accidents by more than half. It cited…
Read MoreAs a college student in Orange County on a career path to be a lawyer, how does a Second DUI conviction impact me?
There are a number of severe punishments associated with a second DUI, a violation of California Vehicle Code (VC) Section 23152. If the second DUI happened within 10 years of a separate DUI or reckless driving charge that resulted in a conviction, you face imprisonment in county jail for up to one year and a fine ranging between $390 and $1000. See VC 23540. Also, if you are convicted under…
Read MoreHow can an Orange County DUI attorney help me win my second DUI case? VC 23152(a) and 23152(b)
If you face allegations for driving under the influence of alcohol or a drug for the second time within 10 years, you face all of the challenges of a first DUI, but with more severe punishment. However, there are several ways to reduce your punishment or get a dismissal of your DUI case. First, you have to understand what you are facing. Let's start by understanding DUI in California. DUI Prosecution…
Read MoreIf I am a minor, what are the consequences for a DUI conviction? (California Vehicle Code section 23136, 23140, 23152)
California has a "zero tolerance" policy for juveniles who are found to be guilty of DUI. If you are juvenile who has been charged with DUI, you may be charged not only for underage DUI, but also traditional DUI if your blood-alcohol content is over the legal limit of 0.08%. If you are a minor and you have been charged with DUI, it is important that you seek an experienced…
Read MoreI have just been arrested for a second time DUI in San Bernardino, what are the punishments? (Vehicle Code section 23152)
A DUI conviction in San Bernardino always results in severe consequences as it usually results in jail time, fines and a license suspension. As you can probably guess, a second time DUI conviction has greater impact as the fines and possible jail time are increased dramatically. In understanding the punishments you face, it is important to determine whether your second DUI conviction was within 10 years of your first DUI…
Read MoreWhat are the consequences if I am facing a second DUI charge in Newport Beach? (CVC 23540)
A charge for a second DUI in Newport Beach can carry significant consequences if it occurs within 10 years of a prior DUI conviction. Most significantly, a charge for a second DUI in Newport Beach may result in imprisonment in county jail for up to one year and/or a fine up to $1000. A court may also require you to participate in a driving under the influence program that will…
Read MoreWhat Are The Consequences of Being Charged With A DUI Causing Injury in San Bernardino?
If you are charged with a DUI causing injury in San Bernardino the prosecution can choose to charge you with a misdemeanor or a felony. A felony DUI carries harsher consequences than a misdemeanor DUI, and can subject you to 3 years in jail or a $10,000 fine. Whereas, a misdemeanor DUI carries a punishment of a fine up to $1000 and jail time up to 6 months. In addition…
Read MoreWhat Makes A DUI A Felony and Are The Consequences More Serious?
One can only hope to never be stopped, arrested and charged with a DUI in California – let alone a Felony DUI. California has harsh DUI laws, particularly involving a Felony DUI. A DUI can be charged as a Felony under the following circumstances: (1) If you are arrested for your 4th "generic" misdemeanor-type DUI within 10 years, then the 4th DUI can be charged as a Felony (2) If…
Read MoreWhat Consequences am I facing for my Second DUI in Orange County? [CVC 13352(a)]
A second DUI conviction in Orange County with a prior DUI in the past 10 years can carry serious consequences, including up to 5 years probation and up to one year in Orange County jail. If you face a second time DUI, the most difficult potential consequence is the loss of your California Driver License. If you were convicted of DUI or wet reckless once, and you get convicted of…
Read MoreIf You Refuse All Chemical Tests In Your DUI Case That May Mean Your Case Can Be Dismissed Due To A Lack Of Probable Cause To Arrest You
A DUI defense argument can be made that because the defendant driver refused all field sobriety tests (FSTs) and refused all chemical tests the officer did not have sufficient probable cause to make an arrest. When facing the intense pressure of a DUI investigation, many drivers will refuse all FSTs and breath/blood chemical tests when the consequences of such refusal are not as harsh as the penalties would be for…
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