If you’ve been arrested for drunk driving in San Diego, you’re probably wondering: What are the consequences? California DUI penalties are somewhat complex and a drunk driving conviction depends on many factors which may include:
* Any drunk driving convictions in the past
* Refusing a breathalyzer test
* DUI led to bodily injury or death
* Having a child in the car
If you are charged with a San Diego DUI, there are basically two types of criminal charges. You could be charged with 1) a DUI or 2) be charged with driving with a blood-alcohol level at or greater than .08%. There's a chance you could be charged for both.
What happens to your driver’s license after a DUI?
Your driver’s license could be suspended anywhere from 90 days to a year for a first or second offense –taking into account your prior convictions. If this is your third or fourth offense, there’s the possibility that your license will be revoked for 3-4 years. It's best to talk to a San Diego DUI lawyer to help save your license.
Other punishments for drunk driving in San Diego include:
* Public work service
* Time in jail
* Mandatory alcohol or drug programs
* Fines up to $1,000
Drunk driving is something you should not take lightly. The penalties are getting tougher, but think about the possibility that you could hurt or kill someone.
Don’t take this information in replace of professional help. I do highly recommend talking to an experienced San Diego DUI attorney to help you with your case.
About the Author
Maria Palma is a freelance writer dedicated to helping people find a San Diego DUI lawyer. Get help and information with your San Diego DUI.
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On the afternoon of December 30, 1903, during a sold out matinee performance, a fire broke out in Chicago's Iroquois Theatre. In the short span of twenty minutes, more than six hundred people were asphyxiated, burned, or trampled to death in a panicked mob's failed attempt to escape...
A stunning and groundbreaking investigation into the death of one of the great rock icons of our time, Kurt Cobain -- revealing new evidence that points to a terrible conclusion. Max Wallace and Ian Halperin have conducted a ten-year crusade for the truth about what happened to Nirvana's former frontman, and in Love & Death they are finally able to present a chilling and convincing case that points to one thing: Kurt Cobain did not commit suicide
Bill Gastner, reluctant sheriff of Posadas County, New Mexico, anticipates his last few days in office will be uneventful. That is, until local teen Matt Baca drives drunkenly into the back of Gastnerâs cruiser and flees into the night...
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Reading Between the Lines of the New New York DWI Law
Yesterday I was first up in Ithaca City Court (first come first served), with four DWI cases in various stages of disposition. Judge Rossiter began the morning by announcing to a full Courtroom (240 cases on her docket) about the new New York Drunk Driving legislation that was a coming.
On November 18, 2009, Governor Paterson signed into law, Governor's Program Bill Number 204, The Child Passenger Protection Act, also known as Leandra's Law, it passed by the wide margin of 58-0. Although the law was focused on the protection of children (and those with driving children as passengers) it will have far reaching ramifications to all first time DWI offenders. New York State now joins 35 other states that make it a class E felony for first time DWI offenders driving with children as passengers. Just so we are all clear, Class E Felonies in New York State carry State prison terms of 1 to 4 years, and 5 years of probation. Compared to say, New Jersey where your first two DUIs do not even count as misdemeanors and are merely treated as traffic violations. This new law also makes Ignition Interlock Devices Mandatory for first time DWI offenders. This is something the Court must impose for a period of at least 6 months. Illinois just put this into their law in 2009, and many other states are following suit. Specifically under the new law: 1. First time DWI offenders (the DWI VTL 1192 (2) per se violation of a BAC .08 or higher and/or VTL 1192 (3) common law DWI) or Impaired by drugs (DWAI drugs) driving with a child (16 years or under) may be charged with a Class E Felony. In the past, DWIs were only charged as Class E felonies in New York State after a second DWI was committed within a 10 year time period. 2. Mandatory Driver License Suspension (pending prosecution) for people so charged. This is no different than the law in it's current form. 3. Courts MUST order an ignition interlock device on all those convicted of DWI. There is a minimum 6 month time period for Installation and maintenance of the device on any vehicle owned and operated by those convicted of DWI. 4. The Probation Department within each respective county will monitor, issue regulations, and oversee these Ignition Interlock Devices, and their usage. Reading between the lines that means Probation Supervision is a likely possibility ( 3 years for a misdemeanor DWI, and 5 years for a felony DWI) for those convicted as well. That means no drinking for 3 or 5 years with regular random (unannounced) monitoring of urine, blood, and/or breath. 5. Drivers who cause serious physical injury (the threshold for serious injury is not very high) to children 16 or younger will be charged with a Class C Felony, punishable by up to 15 years in State Prison. 6. Drivers who cause the death of child may be charged with a Class B Felony, punishable by up to 25 years in State Prison. 7. Drivers (who are also parent, guardian, or legally responsible for a child) charged with any DWI or DWAI drugs while "that" child is a passenger will also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Child endangerment charges are another likely scenario as well as being held as an unfit parent or legal guardian. The good news is that this year I have not had any DWI cases where my clients had children 16 years or younger as passengers in their cars. I do not think it is a common situation. Although I did refer a DWI case with a NY driver traveling through another state who did have his children asleep in the back seat of his car. If that same case played out here, with this new legislation in place, it would be a potential nightmare on so many levels. In that situation, the Office of Children and Family Services would be involved, and those parents would be facing criminal court and family court, and an open Pandora's box of problems. Charges of Child maltreatment, Child neglect, and Child abuse may add to all the other issues facing these first time DWI offenders.
About the Author
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer and my mother a waitress. I now live in Ithaca, NY with my wife (of 20 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing DWI defense law within the Fingerlakes Region of New York State.
Thomas Glasgow discusses Change to Illinois DUI Law & Breathalyzer Requirements on FOX News
This title provides insight from an experienced DUI defense attorney about preparing a DUI case in Illinois. Topics covered include implied consent, procedure, and types of DUI evidence. It offers an evaluation of the relevant statutes and case law pertaining to DUI law in Illinois, and provides insight on preparing for and presenting a DUI case.
A Specialized Drunk-Driving Accident Lawyer Can Help You Receive A Fair Settlement
A problem that continues to plague the citizens of Los Angeles is an increasing amount of drunk-driving accidents and the overflow of victims that arrive in California hospitals each year. As the number of these accidents and their victims continues to grow, more and more citizens fear that they may become involved with and potentially injured by a drunk driver. If you or someone you know has already been injured in such an accident, it's important for you and them to know where to go for legal consultation. Fortunately, Los Angeles is the home of many drunk-driving accident lawyers who are knowledgeable and experienced in handling these types of cases.
If you're not positive that you were the victim of a drunk-driving accident, it would be wise for you to receive counsel from a reputable lawyer who specializes in these types of cases. He or she will be able to convene with legal authorities and determine whether or not the person who caused your accident was under the influence of alcohol. Sometimes you can even find a law firm who will offer low-cost or free consultation time for a victim in your situation. They will be able to help you discover if you were victimized by a drunk driver and aid you in winning a settlement. As an additional suggestion, you should also seek medical treatment for your injuries immediately following your accident. Most lawyers will suggest this as well, knowing that seemingly minimal injuries can sometimes have lasting and detrimental effects on a victim.
Once your lawyer has determined whether or not you are indeed the victim of a drunk-driving accident, he or she will then be able to calculate an accurate estimate of how much your settlement is worth. Because many are unable to work as a result of their injuries, the settlement that you and your lawyer pursue will account for money you have not been able to earn during your work absence, as well as bills that have potentially gone unpaid, such as your mortgage, utilities, and grocery bills. The settlement will also account for the medical expenses you've incurred for treatment of your injuries, so you will likely not pay any of your hospital bills out-of-pocket. Because there are a variety of items that factor into the amount of your settlement, it is imperative for you to discuss these items with a specialized drunk-driving accident lawyer. He or she will be able to help you determine a reasonable amount for your settlement.
Once your drunk-driving accident lawyer has won your case, your settlement funds will begin to be dispersed in monthly or quarterly installments. This means that you will most likely not receive your money in a lump sum, but over a long-term period. This situation may work fine for some, but others find it difficult to pay their immediate expenses without the total settlement amount. If this is the case for you, your lawyer can likely refer you to settlement loan lenders who can provide you with the money you need to pay your expenses before your settlement arrives. Then the loan can be easily repaid with your settlement earnings once they begin to arrive. About the Author
In 1991, Jason was racing friends and driving drunk. They all thought they
were just having a good time, but that changed in a split second when he caused a crash that killed his 15 year-old brother, Aaron...
Learn what it is like to get a DUI from some folks who did and how they recovered from addiction. This film explores the financial costs of getting a DUI and is a useful tool for addiction treatment providers to share with patients...
After this book, life as you once knew it is changed forever. This is a journey of reconnecting with what matters most after loss and adversity. It illuminates the dark road we will all travel on eventually...
Michigan attorney Daniel L. Buckfire has devoted his career to representing individuals who have suffered serious injuries in car, truck and motorcycle accidents. He is recognized as a legal expert throughout the State of Michigan on motor vehicles and cases involving Michigan No-Fault Insurance Benefits...
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