As in every other state in the country, California increases the penalties that a DUI offender faces if he or she has prior DUI convictions. This is all part of the state’s interest in cracking down on and reducing the number of drunk driving incidents that happen in the state each and every year. If you’re facing a current DUI charge that follows subsequent convictions, then you will necessarily want to understand how California takes those previous convictions into account when prosecuting your case.
Being arrested for a DUI is one of the most stressful situations that a person can endure. Given the level of stress involved, many California drivers will sometimes do things that are not in their best interests. Therefore, we thought it would be useful to share some tips about what you should do following a DUI arrest. If you follow these tips, you have the best chance of achieving the best possible outcome in your DUI case.
A DUI arrest is a stressful experience no matter how it happens. Whether you were pulled over on suspicion of DUI, the officer pulled you over because of a problem with your vehicle and then realized you were intoxicated, or you were involved in an accident or stopped at a checkpoint, the result is the same. The officer places you under arrest. What happens next?
If you have been convicted of DUI in the past, you might think that you know what’s in store for you with your third charge. Actually, you need to prepare yourself. A third DUI in the state of California carries stiffer penalties than a first or second offense. There are also other factors that can play a role. As always, the best defense is to avoid getting behind the wheel if you’ve had a drink. However, if you are arrested and charged with a third DUI, you’ll need to know the following.
Whether it’s your first offense or your third, the penalties for DUI in California are steep, and they’re only going to become harsher as time goes on. Understanding the penalties for DUI is important for all California residents.
DUI is a crime, even if no one was hurt. If you’re found guilty of driving under the influence, you face repercussions. However, the severity of your infraction will determine exactly what happens in your case. There are two types of DUIs in California: misdemeanor DUIs and felony DUIs. Most of the time, DUIs are misdemeanor crimes. However, felony charges do happen. What’s the difference, and which will you be charged with?
The holidays are here, and I hope that everyone enjoys their time with family, friends, and loved ones. Of course, it is also a season when DUI charges are common, and I urge you to be safe on the road.
The holiday season is a common time for law agencies to put up checkpoints, but those are not the only tools the police use. Saturation patrols are also becoming more common. In 2015, the police will be even more aggressive with checkpoints and saturation patrols, because they have more grant money for these measures.
The primary means to determine whether a driver is drunk while behind the wheel is the Breathalyzer test. It has been the subject of a lot of controversy, but it remains an important tool for police officers. Should you refuse to take the breath test on the side of the road? You’re within your rights to refuse, but there are some very good reasons to go ahead and comply with the officer’s instructions.
Sobriety checkpoints (or roadblocks) have become common tools used by police forces all around the country, not just in California. At the best of times, they’re an annoyance. They can also be significantly problematic, even if you have had nothing to drink. Knowing what to do when you are approaching these checkpoints, how to act toward the officers, and what your rights are will help you make it through.
With the help of an attorney, there’s an excellent chance that you’ll have your DUI charges dismissed or get out of court with only probation. However, if you’re on probation, you must abide by the court’s rules, or else you violate the terms of your probation. This violation opens you up to a wide range of damaging repercussions. What constitutes a violation of probation, and what might happen if you do violate those terms? Let’s take a closer look.
A probation violation is any action that breaks the rules governing your probation. For instance, if the judge requires you to attend an alcohol awareness class and you fail to do so, that’s a violation of the terms of your probation. California also has a zero tolerance stance on driving with any measurable alcohol in your system if you’re on probation. That means if you have just one drink and get behind the wheel and you are pulled over and given a breath test, you’re in violation of the terms of your probation. To reiterate, any measurable amount is a violation of your probation, even if it’s well under the legal limit. The standard legal blood alcohol limit does not apply to you if you are on probation for DUI.
What Constitutes a Violation of Probation?