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Posts Tagged 'driving under the influence'

“Beating” a DUI Charge

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“Beating” a DUI Charge

The average person still assumes that an arrest for DUI is the virtual equivalent of a conviction for DUI. After all, why would the police go to all the trouble of arresting you if you aren’t guilty? Fortunately for anyone actually facing the charge, there are several ways to avoid a conviction for driving under the influence, and an arrest doesn’t automatically mean a conviction. However, “beating” a DUI charge will require the help of an experienced DUI defense attorney. ...

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Before You Agree to a Harvey Waiver

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Before You Agree to a Harvey Waiver

Frequently when a person is arrested, he or she is charged with multiple criminal offenses. One of the more common dual charges in California is a DUI charge combined with a hit-and-run charge. If you face combined charges, here’s what will happen. At your first hearing – your arraignment – the court will inform you of the maximum sentence you face, the prosecutor will offer you a plea bargain, and the court will ask you to enter a plea.

The plea ...

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Getting The Better Deal

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Getting The Better Deal

When charged with DUI, many California drivers think that hiring an experienced California DUI defense attorney is a waste of money; they think they’ll arrive at the same outcome with or without a good DUI defense lawyer at their side. The Judge may impose the same sentence at the end of the case, but that’s actually very rare. An experienced DUI defense attorney can almost always offer the court something that will move the final result in your direction.

For example, ...

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The First Word in DUI is “Driving”

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The First Word in DUI is “Driving”

In certain situations, you can actually be charged with DUI in California even when you are not driving. However, to convict you of DUI, a prosecutor must prove that, at some point, you actually were driving while you were intoxicated. If an experienced driving under the influence defense attorney can persuasively argue that you were not driving at all, then the prosecutor cannot meet the factors required to convict you, and the charge will probably be dropped.

Here are two examples. In ...

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The Second DUI

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The Second DUI

A DUI conviction in California is a serious matter, and it’s something you absolutely want to avoid. The best way to avoid a DUI conviction remains the simplest; if you anticipate driving, don’t drink. As serious as a first D.U.I. conviction can be, in California a second driving under the influence conviction is even more severe. The sentence for a second D.U.I. conviction includes mandatory jail time as well as higher fines and probation. If you are charged with DUI in ...

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The Standard Offer

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The Standard Offer

If you are charged in California with DUI, you will be assigned a court date. This first hearing is called an arraignment, where three things take place:

  • The judge will explain your charge(s) and the maximum potential sentence
  • The judge will ask you to enter a plea of guilty, not guilty, or no contest
  • The judge or prosecutor will give you a “standard offer”

A standard offer is the plea deal offered to all accused persons in your same situation. If others face the ...

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Survey Raises Constitutional Questions

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Survey Raises Constitutional Questions

He was driving in Reading, Pennsylvania, on December 13, as the flashing lights appeared. A man stepped in front of his car and forced him into a parking lot.

A woman there badgered him with questions and insisted on a mouth swab to determine if he was drunk or using drugs. Richard Nieves declined to comply. Instead, he sued.

The federal government insists that its National Roadside Survey of Alcohol and Drugged Driving is a practical way to monitor road safety. The ...

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The NDR And The DLC

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The NDR And The DLC

The Driver License Compact (DLC) is an agreement among 45 states to exchange information regarding driver’s license suspensions, DUIs, and other traffic violations. When a driver violates driving laws outside the driver’s home state, the home state treats the offense as if it had been committed there; in other words, if California suspends your driving privilege and convicts you of driving under influence, but you live in Kansas, then Kansas suspends your driving privilege and recognizes your driving under influence conviction. ...

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Utah May Put Breathalyzers In Bars

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Utah May Put Breathalyzers In Bars

Drinkers at bars in Utah may soon have help deciding if they’re sober enough to drive. Breathalyzers could appear in bars across the state if Utah’s legislature adopts a measure proposed by Republican Representative Greg Hughes, who wants to reduce drunk driving in Utah.

Installing breathalyzer machines near juke boxes, video games, and pool tables would help younger drinkers who are still learning their limits, Hughes told the Associated Press in February. “It makes good sense,” Hughes said.

The proposal doesn’t mandate ...

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DUI Can Ruin Your Career

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DUI Can Ruin Your Career

If you are charged with DUI in California, you’ll probably worry about jail time, a fine, and a temporary driver’s license suspension. For the most part, those are serious but short-term consequences.

However, a DUI conviction can have another consequence that’s even more severe in the long run; it can ruin your current career and devastate your job prospects for the future.

Listed here are several ways a DUI can hurt your job and your future:

1. License suspension: If your license is ...

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