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What to Expect in California Court Processing in the Event of DUI Arrest

Posted on Jul 27, 2010

Being arrested for DUI is a frightening experience. However, knowing what to expect eases the fear in the unfortunate event of an arrest. So, what happens?

• First there is the actual arrest. All a police needs in the state of California is “probable cause” that a driver may be driving under the influence.
• Secondly, a driver may be held in custody and would need to post bond in order to be released. A judge determines if DWI offender may post bond and how much. This bond, or otherwise known as “bail,” is much like a guarantee that the driver will show up in court.
• If a driver is held, he must be arraigned within 2 to 3 days. If a driver is not held (in custody), then the arraignment can be set at a later time.
• Next is the arraignment, in which the judge explains the pending charges against the driver. The driver is given the right to an attorney, the right of trial by jury, and the right to get evidence used in the proceedings. At this time, the driver can enter a plea of “Not guilty” or “Guilty.”
• After that are pretrial motions. These are usually heard at the arraignment. Usual motions are to suppress evidence, discovery motions, and motions to dismiss.
• Not necessarily a step, but definitely an option is the plea bargain. This is where the driver is given a choice to plead guilty to a lesser charge.
• The last stage of the court process is the trial. When a date is set, it is stated as a “0 to 10 date,” which means the driver’s right to a speedy trial is not violated if the trial begins within 10 days of the trial date. So, if a trial is not held within that time period, the case must be dismissed. Say for instance, if the trial date lands on the weekend or a holiday, the next court day is used instead.
• An important part of the trial is jury selection. This allows the defendant to access prospective jurors and determine if they are qualified to serve for this trial. It is normal for prospective jurors to be excused for a “just cause.” Once the jury is selected, the trial commences.
• Once the trial begins, both the prosecution and defense give their opening statements. They examine witnesses, and, lastly, the judge instructs the jury on how to apply the laws to the given case.
• Lastly is jury deliberation. This is when the jury decides the outcome of the case, but it is the judge who decides the punishment based on a Guilty or Not guilty verdict.

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Drunk Driving Laws in Houston

Posted on Jul 01, 2010

Houston has severe drunk driving laws depending on the intensity of the offense. If you are a minor (below the age of 21), the laws are much stricter. There are law enforcement officers who take care of the cases and deal with necessary actions if someone is found guilty of driving under the influence of alcohol or any drug or driving. The drunk driving laws differ with the state but there are certain concepts and policies common to all states’ drunk driving laws.

DWI Laws and Penalties in Houston

The laws related to driving under the influence of alcohol or driving while intoxicated in Houston are serious because alcohol impairs a person’s judgment and ability to drive safely. There are several punishments associated with the intensity of crime. Below are some of the penalties issued in Houston:

• Suspension or loss of license
• Good amount of fine
• Imprisonment for a long period of time
• Substance abuse treatment
• Social community service
• Issue of criminal record
• Restitution
• Cinderella licenses
• Implement of ignition interlock system

First Offense in Houston

A first offense DUI or DWI in Houston is a Class B misdemeanor. If an open container is found in the vehicle, 72 hours to 6 days jail sentence is possible with a fine of up to $2,000 plus a surcharge ($1,000). The fine doubles to $2,000 if the blood alcohol content is found to be double the legal limit, that is, 0.16%. However, an occupational license may be granted depending on your job.

The state also implements zero tolerance law for offenders under the age of 21. If any detectable amount of alcohol is found in the blood of a minor driver, they are subject to criminal offense laws and fines and imprisonment are possible.

Second Offense in Houston

In Houston, the second DUI or DWI offense is considered as a Class A misdemeanor. The penalties include jail time for 3 days to 1 year depending on the intensity of the offense. Also a fine of $4,000 is imposed with a surcharge of $1,500 per year for 3 years. The surcharge increases to $2,000 a year if the person is found to be drunk with a blood alcohol content of 0.16%, double the legal limit issued by the state.

The suspension period of license for the offender ranges between 180 days and 2 years. Based on the need of the offender, occupational license may be issued. Also a DWI abuse treatment has to be performed by the candidate for a period of minimum 80 hours.

Commercial Vehicle DUI Limit in Houston

In Houston, a person driving a commercial vehicle must not have a blood alcohol content of more than or equal to 0.04%. Any offender caught in this situation may have to face a suspension of the commercial driver’s license for one to three years. If there happens to be a minor in the vehicle, the driver faces more severe punishments.

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DWI Laws for Minors in Kansas: What Happens After the Hearing?

Posted on Jun 24, 2010

Kansas DWI laws prohibit you from operating any vehicle within the state if you are a minor and are under the influence of alcohol. According to the DWI ‘per se’ law, you will be prosecuted for DWI if your BAC is of 0.02 or more. You can be charged under both the per se DUI provision as well as the operating the vehicle under the influence provision of the Kansas DWI statute. In the case of ‘per se’ DWI cases, the prosecution need not prove impairment during trial.

If you are a juvenile above 14 years old but below 18 years old, you will be charged with a DWI and tried in an adult court instead of a juvenile court. If you are involved in a DWI, you will be sentenced for a period of ten days in a juvenile detention facility. The court will either revoke or suspend your driving privileges. If you are convicted, your sentence can increase up to one year. Your license might not be suspended; instead you might get restrictions on the driving privileges.

However, if you are a minor and are involved in a DWI in Kansas, it is unlawful. When arrested for suspected DWI, the enforcement officer will tell you take a breath or blood test. If your BAC is found to be 0.02 or more, you will not face any criminal penalties instead only your driving privileges can be suspended. If the BAC is between .02 and .08, then your license will be suspended for 30 days for the first offense and one year on any subsequent occurrence. If your BAC is at 0.08 or above, your license will be suspended for a period of one year.

Administrative Hearing

If you are arrested for a DWI and you are a minor you will face serious consequences. To avoid an automatic suspension of driving privileges, you must request an administrative hearing within 10 days of the day you were arrested for suspected DWI. The administrative hearing can be requested in order to challenge the suspension of your driving privilege at the court.

When an administrative hearing is requested, it is better if your Kansas DWI lawyer is present to help in requesting it. If the court decides to grant you a hearing, it will give you a permit to drive provided you have surrendered your driver license at the DMV of Kansas. The permit enables you to drive until 15 days after the decision from the hearing is mailed to you. However, if you fail to request for a hearing or are unable to request for the hearing within 10 days from the date the Notice of Suspension is issued to you, your hearing will be denied. Then you will not be able to appeal in the future. An inability to request a hearing will lead to the suspension of the license commencing on the 15th day after the arrest.

What happens after the Administrative Hearing?

If you lose the administrative hearing, your driver license will be suspended depending on your previous five-year driver record. The license will be suspended effective 15 days after the final order of the hearing officer being mailed from the Department of Revenue to your address. If you are convicted during the past five years for any kind of alcohol-related law enforcement offense, you will be revoked for one year. However, if there had been no earlier conviction during the past five years, then the suspension will be for 30 days. The 30-day suspension is followed by a 60-day restricted driving privilege. If the suspension is upheld at the administrative hearing, you can petition the circuit court for further review.

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