CA DUI Laws

One thing you should know about a DUI arrest is that every DUI case is different, each with their own unique circumstances.  When it comes to deciding the penalties for a DUI charge, the judge and/or looks at many factors.  There are certain factors, however, that can enhance a DUI charge in California including:

Having minors in the vehicle with you at the time of arrest Being under the legal drinking age (The legal age is 21 in most states.) Any prior DUI charges Causing an accident, injury, or death to other people Having a BAC (blood alcohol content) of .20% greater than the legal limit Speeding or reckless driving

In the state of California enhancements are usually added on when the charges are initially filed, but they can be added at a later time if the case is still pending and the enhancements won’t threaten the driver’s right to a fair trial. These additional allegations must be proven beyond a reasonable doubt or the sentence cannot be enhanced.  If you are found to be guilty of these additional allegations, you can probably see higher fines, longer jail sentence, longer mandatory DUI education, longer driver’s license suspension, and a more restrictive probation.

If you have been arrested for drunk driving and your case includes any one of the circumstances mentioned above, it may be beneficial to hire an experienced California DUI defense lawyer who specializes in DUI cases.  A lawyer can investigate your case and make sure that your right to a fair trial is upheld in court.

Originally published here.

You can hear the sirens blaring. “Get on the ground now,” the cop screams. You’re forcibly shoved onto the ground or the hood of a car while your hands are cuffed behind you and then your put into a car to be taken away to the police station. At the station, you are put into that little room where they try to talk to you, scare you, make you say something that will incriminate yourself. Even if you’re innocent, you could walk away guilty just because you didn’t keep your mouth shut when you should have. What you need is a lawyer. And here we have a list of Oalkland defense lawyers who will happily stand with you and help you get the fair trial you deserve.

Now, a little background. We are not recommending any of these attorneys and anything said in this article should not be construed as legal advice. We’re not lawyers, just people who believe in the constitution and who know that everyone has the right to quality counsel at one of the most stressful times in their lives.

When you’re arrested, several things are required to be done by law. First, you must have your rights read to you. If your rights have not been read to you, do not remind the officer. It is his or her responsibility to do it and if they don’t, that may be cause for a mistrial. Second, while you really do have the right to remain silent, the cops will do whatever they can to get you to tell them something. Most people in these situations feel compelled to talk and think that by talking they can prove their innocence.

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The best advice however is to just keep quiet and demand a lawyer. If you talk without your Oakland defense lawyers present, it’s your problem and the lawyer will not be able to help you later, so remember, keep it quiet until your lawyer arrives. Now, here are a few firms that have Oakland defense lawyers working for you:

Paul Nathan Puri & Associates
225 Bush Street
16th Floor
San Francisco, CA 94104
Tel: (415) 295-4799
Fax: (415) 295-4798

“As a criminal defense law firm in the San Francisco Bay Area, Paul Nathan Puri & Associates has established itself as one of the best criminal defense practices. Paul Nathan Puri & Associates has swiftly grown from one office handling misdemeanors and drug offenses to five offices handling murder, white collar and federal cases. He grew his practice as he defeated prosecutors, won dismissals, and kept people out of prison.”

Choyce and Crowell
1300 Clay Street , Suite 600
Oakland, CA 94612
Office: 510-734-3145
Fax: 510-223-1887  

“Since we specialize in only certain areas of criminal defense, our skills are fine-tuned in those areas. We represent clients charged with DUI (Driving Under the Influence of Alcohol or Drugs), traffic offenses including reckless driving, excess of 100 mph, speed contest, exhibition of speed, basic speed law, speeding, and all traffic tickets. Take a look at our recent results and dismissed cases pages to see our great results. We also take certain criminal defense cases not listed above. Please call to see if we can handle your case. Our clients are vigorously defended every step of the way. In fact, most of our new clients are a result of our current satisfied clients.”

Elena Condes
1010 Grayson Street,
Berkeley, CA
510.525.4243

“Criminal accusations can be devastating to your personal and professional life – know and understand your rights. I provide aggressive and quality representation at every stage of the process. The criminal justice system is intimidating and overwhelming if you are unfamiliar with it. I take the mystery out of the process and ensure you understand your options so you can make informed decisions. I make sure the prosecution understands that you are member of the community and not just another body in the criminal justice system.”

Originally published here.

On the heels of a month marked by extensive media coverage of the Orange County trial of Andrew Gallo–the San Gabriel man, who, despite having his license suspended for a prior DUI conviction, took the wheel after a night of binge drinking and killed Angeles’ rookie pitcher, Nick Adenhart, and two friends in an early morning collision–news has broken of a new law that will impact DUI repeat offenders. Starting January 1, 2012, judges will have the option of revoking an individual’s license for up to 10 years if that person has three or more convictions for driving under the influence within the past decade. The law is just one of many efforts by state legislators and officials to combat drunk driving in California.

Annually 1.5 million people are arrested for driving under the influence in this state, according to the National Highway Traffic Safety Administration (NHTSA). DUI repeat offenders account for one-third of those arrested. A recent study of the percentage of drivers with alcohol-related convictions in the nation’s 20 largest cities by insurance.com found that the greatest number of violators resided in San Diego, followed by San Jose in second place, Los Angeles in seventh, and San Francisco in eighth. The high incidence of convicted drivers in these cities was attributed to three factors: a higher rate of alcohol consumption among the population, “more partiers,” in general; a lack of public transportation; and effective enforcement of drinking-and-driving laws.

Over the last 30 years, numerous laws have been passed to prevent drinking and driving in the United States:

In 1984, the Federal Uniform Drinking Age Act was signed into law. Under the law, states that fail to prohibit the purchase or public consumption of alcohol by an individual under the age of 21 will have 10% of Federal highway funding withheld from them. In effect, this law raised the national minimum drinking age to 21.

In 1990, the U.S. Supreme Court ruled that sobriety checkpoints were legal under the constitution.

In 1995, the Federal Zero Tolerance Law was passed, making it illegal for individuals under 21 years old to drive with any measurable amount of blood alcohol content (BAC) in their blood. Highway safety funds would be withheld from any state failing to comply with the law by October 1, 1998.

In 2000, .08 BAC became the national illegal limit for impaired driving. Under the law, a percentage of federal highway construction funds would be withheld from any state failing to comply.

To date, 14 states have enacted laws mandating DUI first-time and repeat offenders to install ignition interlock devices in their vehicles: Alabama, Alaska, Arizona, Arkansas, Colorado, Illinois, Louisiana, Nebraska, New Jersey, New Mexico, New York, Oregon, Utah, and Washington. California, however, has only implemented a pilot program in four counties: Alameda, Los Angeles, Sacramento, and Tulare. Drivers with the device are forced to breathe into a tube connected to a machine that measures alcohol levels; if alcohol is detected, the machine will prevent the ignition from starting. The device not only prevents those with DUI convictions from drinking and driving, it also serves as a deterrent to all drivers, as it considerably increases the cost of receiving a DUI. Legislators will consider expanding the program statewide after a 5-year evaluation.

In California-and nationwide-efforts to combat drunk driving have had an impact on the number of fatal alcohol-related accidents. Throughout the country, such accidents decreased by almost 10 percent from 13,041 in 2007 to 11, 773 in 2008. In California, there were 108 fewer fatal accidents in 2008 than in 2007, from 1,347 to 1,239. Hopefully, the fatality rate will continue to decline with the state’s increasingly aggressive DUI enforcement and harsher penalties.

Originally published here.