Posts Tagged ‘California DWI Laws’

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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‘Real World’ MTV Participant Arrested for DUI in California

Posted on Jun 14, 2010

David “Puck” Rainey who acted in MTV’s “The Real World: San Francisco” was admitted to a Southern California hospital after a very bad accident which left him and his 8-year old son Bogart gravely injured.

DUI Arrest While Hospitalized

To make matters worse for the former star, California law enforcement arrested Puck for DUI. Authorities charged him while he was lying in his hospital bed in the California town of San Diego being treated for broken bones in both feet, his right hand, his neck, a fractured sternum and clavicle. He may be facing charges of child endangerment and driving without a license also.

Evidence Of Drunk Driving

The California authorities say that there is reason to believe that he was driving while intoxicated with alcohol when he was traveling along California Route number 79 on a weekend father and son fishing excursion, when he tried to miss a deer in the road and lost control of the vehicle he was driving.

Son Helps His Father

His vehicle rolled down an embankment and flipped over then came to rest in a river bed. His son Bogart received a bruised liver and other internal organs injuries, however he somehow got out of the damaged car, made it back up to the road to get help for his injured father.

Claim To Fame

41 year old ‘Puck’, became famous after appearing on MTV’s ‘Real World: San Francisco’ were he played the role of a rebellious bicycle messenger. The concept of the show was the putting together of strangers in a residence for a few months to follow their lives and relationships it was suppose to be unscripted and unrehearsed. It was one of the first shows in the “reality” genre.

Stand Out on Reality Hit Show

Puck was a notable stand out of the show because of his frequent confrontations with the character that was an AIDS sufferer. In one episode he was expelled from the house for this reason. Mr. Rainey was also known for his close relationship with his mother, grandparents and sister on the show.

Latest Roles

He also appeared in other MTV semi-reality shows Road Rule: All Stars and Battle of the Sexes. On the latter show he married the mother of his son Bogart. He also provided the voice for the animated character Spanky Ham on the show Drawn Together which is a parody of reality show like Real World.

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