Archive for July, 2010

What exactly are the penalties for DUI in California

Posted on Jul 19, 2010

Driving under the influence or what is commonly known as “DUI” is a serious offense. It can turn one’s car from being a means of transportation to something more of a lethal weapon. As with most states, it is not tolerated in the Sunny State. Below is a list of the punishments for first time and up to a fourth time conviction of driving under the influence, or DUI, in California.

1. The first time offense includes the following:

Jail Time– From 96 hours to 6 months
Legal Fine – Running from $390 to $1000
License Suspension –For up to 6 months
Completion of a DUI program
Installation of an “Ignition Interlock Device,” or IID, which is like a breathalyzer hooked-up to the offender’s dashboard. The offender must breathe into it, and, if the blood alcohol level is between 0.02% or 0.04%, the car won’t start.
California SR22 insurance for a restricted license

2. The second time offense:

Jail Time – From 90 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension –For up to 2 years
Restricted driver license
IID installed in car
Completion of DUI program
California SR22 insurance for a restricted license

3. The third time offense:

Jail time – From 120 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension- For up to 3 years
Designated as a “Habitual Offender”
Must wait one year to apply for a restricted license
IID required
Completion of DUI program
California SR22 insurance for a restricted license

4. The fourth time offense (within ten years of previous conviction):

Jail time or Prison – From 180 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension- For up to 4 years
Must wait one year to apply for a restricted license
IID required
Completion of DUI program
California SR22 insurance for a restricted license

Newer Laws have also been introduced for lower tolerance for repeat DWI offenders. The majority of newer laws have to do with the IID. For example, in order for an offender’s license to be reinstated, an IID would have to be installed. Also, a lower tolerance of blood alcohol levels has been passed, stating that a tolerance of 0.01% as being the cut off level to drive a car. Likewise, a bill has been introduced to require IIDs for every vehicle owned by a given offender. Finally, another bill that has been talked about is one in which an offender would have to go thru an education program and group counseling.

What Kind of DUI Lawyer Would I Need for a DUI Conviction?

Posted on Jul 15, 2010

California is known for being one of the worst states to be convicted of a DUI, or driving under the influence. If arrested, one needs a good attorney to represent him; otherwise he faces long jail time with fines and restricted driving conditions. A conviction can lead to long-lasting consequences affecting one’s pocket book, court costs, jail, probation, and license suspension. Also, California has one of the highest conviction rates, 70%, for DUI offenders. This is why a lawyer is a must if arrested for DUI in California.

Never should someone fool himself into thinking that he could represent himself under this offense. A good lawyer could mean the difference between long jail time, heavy fines, and severe restrictions to lesser penalties and more benefits.

It can be overwhelming to try to find the right lawyer under such conditions, but it is not impossible. First of all, one can try the good ole local yellow pages. Also, using lawyer referral services can be a big help. Now, with today’s internet, an offender can find more information about a good lawyer to represent him for his trial, giving him the much needed information and help to fight for his rights.

One thing that should not be overlooked is making sure that a lawyer is qualified to practice law in the state of California. This is the American Bar Association’s greatest recommendation. If in doubt, contact the State Bar of California at (213) 765-1000.

Asking a lawyer many questions can insure finding the best one for one’s such needs. One shouldn’t be shy or afraid to ask about anything he must or wants to know. One such question is “Are you experienced in DUI law in the state of California?” “Will you defend me?” “Is DUI your specialty as a lawyer?” “May I see proof of your qualifications as a DUI attorney?” “Have you handled many DUI cases, and what is your success rate with these cases?” “How much will it cost me to have you represent me?” “How much can I expect in court costs and overall expense?”

Comparing attorneys is an important step under these conditions. Talk one-on-one with a lawyer gives one a good idea of how that attorney would be.

When one has his questions answered and feels confident about his legal representation, then he has probably picked out the right attorney to represent him.

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After a DWI: Car Insurance

Posted on Jul 12, 2010

It is a serious offense to drive under the influence of alcohol or drugs. The consequences of DWI are humiliating and expensive. Apart from the penalties like fines, license suspension, attorney fees, there are long-term effects, like car insurance premiums being increased. If you have been convicted for DUI, your insurance company will deal with you in a stricter way. The annual insurance rates will go up or your policy may be cancelled. In most cases, your insurance company will raise your insurance and keep you insured but you will be counted as a high-risk driver. However, a proof of insurance certificate will remove your license suspension by providing the state with proof that you are insured.

If your car insurance is cancelled, you have the opportunity to find insurance from other companies. They will file the insurance for you so that your license is reinstated. It is obvious that your insurance rates will be higher because of your DWI violation. After DWI, when you are searching for a new insurance coverage, it is advisable to proceed through an independent agent that has association with many different insurance companies.

Auto Insurance after DWI

It is challenging to obtain an affordable insurance after you have committed a DWI. It is true that you need reliable car auto insurance more than ever after you have been convicted for a DWI. There are insurance companies that calculate the premiums concentrating on the risk factors associated with your car like car loss, causing a collision, etc. The auto insurance rates are also figured on the basis of your geographic location, driving record, accidents, tickets and DWI or DUI.

Filing for Insurance after DWI

After a DWI, filing an SR-22 form sends a report to your insurance company about your drunk driving arrest. The SR-22 is a formal proof of insurance certificate that is required only by DWI drivers. So, you need to consult with experienced insurance providers as the process is involved.

As the insurance rates are an important factor of your car insurance, it is advisable to go for an authorized person who can help you out in getting your care insurance after you have been convicted of DWI. An experienced insurance provider can give you ideas on how to make your insurance rates as low as possible. Also, if your case is fought by an experienced DWI attorney, the attorney will fight the consequences of DWI offense and make your charges and punishment the least possible, which has the impact on your auto insurance rates. Your insurance rates will be affected by the length of the time the DWI conviction stays on your driving records. Some states keep these records for about ten years.

Remember, DWI is a serious offense and it makes the process of reinsurance more difficult, leaving very little space for you to have the insurance of your choice.

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