Posts Tagged ‘DWI Offender’

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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.

DWI Offender – Know Your Rights Before It’s Too Late

Posted on Jul 20, 2009

If you are charged with a DWI, make sure to hire a qualified DWI attorney who can represent you in court. DWI laws are so complicated and that unless you get legal assistance, you are going to struggle in defending yourself.

Protecting Your Driving License

As soon as you are charged with a DWI, you need to make sure you protect your driving license. To accomplish this, you need to apply in the court with all the necessary details such as your past driving record and your blood-alcohol level at the time of the infraction.

Tests

When charged with a DWI, you need to be extra careful in every move. Law enforcement officer will ask you to go through a number of tests. Make sure that you do not participate in any tests until and unless it is done under the supervision of your DWI attorney. Law enforcement officers normally use the results of these tests as an evidence against you in the court proceeding. By not going through any test, you can increase your chances of attaining success in the court proceeding.

Bail

It is your legal right to apply for a bail after being charged for DWI. To get bail, it is of paramount importance that you take the services of a DWI attorney who is aware of all the rules and regulations. Your bail application can be rejected if your DWI attorney is not able to defend you properly. Instead of relying on your record, your DWI attorney should focus on the evidence presented by the law enforcement official. Make sure you do not hide anything from your attorney because it can have a negative impact on your case.

Penalties

You will find that there is significant variation in terms of financial penalties from one state to another. To get a better idea of the financial penalties associated with your DWI case, it is quite important that you hire a DWI attorney who operates in your state. Before hiring any attorney, it is always better to check their track record in the Better Business Bureau. If there are few complaints lodged against the attorney, it is a clear sign that you have opted for the right DWI attorney.

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