California DUI Attorney

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.

Five things you need to know if you are charged with a DUI in California:

HIRING AN EXPERIENCED DUI ATTORNEY CAN MAKE A DIFFERENCE IN YOUR CASE

A recent study revealed that 70% of people who are charged with a DUI in the state of California are first time offenders. That means that they are likely ordinary people with little experience with the legal system. An experienced criminal law attorney who specializes in DUI cases and cares about your case can spend the time and effort required to file motions, request additional discovery, and conduct investigations that could lead to a dismissal of your DUI charge. Even if you’re convinced that you’re guilty, an experienced attorney will look through all of the evidence in your case to determine whether you were treated fairly in accordance with the law, and whether a reduction or dismissal of the charges against you are warranted

AN EXPERIENCED ATTORNEY WILL PROTECT YOUR TIME & PRIVACY

Depending on the individual circumstances your case, you may not have to attend all court hearings. Experienced attorneys may be able to attend some or even all of your court hearings on your behalf and you will not need to spend time away from work or even be seen in court.

THE DMV MUST BE CONTACTED ASAP

In order to preserve your right to drive in the state of California, you or your legal representative must contact the proper DMV Drivers Safety Field Office to schedule a hearing within the first 10 days of your arrest. If the DMV is not contacted within this 10 day timeframe, your license will be automatically suspended for 30 days or more. The DMV hearing is separate from the Court hearing, and determines whether or not you can keep your license. Even if your DUI is reduced to a reckless driving offense in criminal court, the DMV can still suspend your license.

THE CRIMINAL COURT HEARING IS SEPARATE FROM THE DMV HEARING

The Criminal Court hearing determines whether you will be convicted of the charges filed against you, the fines you may have to pay, probation and additional driving suspensions. You may be charged with two separate DUI offenses under the California Vehicle Code (CVC 23152(a) and CVC 23152(b)). An experienced DUI attorney may be able to aid in the dismissal of at least one of the charges. An important bit of information to keep in mind: the timeline for the DMV hearing and the Criminal Court hearing are unrelated. Depending on whether your attorney files motions and requests additional discovery, the Criminal Court hearing may span over several months, while the DMV hearing typically does not

EVIDENCE MATTERS

By law, the prosecution must turn over the evidence that they intend to use against you in court. However, the prosecution is not obligated to turn over all the materials that are related to your case, such as the arresting officer’s file. An experienced DUI Attorney will take the time request discovery to obtain important information about your case, perform independent investigations, and even retest blood and urine samples, which may lead to a dismissal of the DUI charge.

A DUI charge is a serious offense and can affect many aspects of your life, including your career and relationships. Although you may be entitled to representation by a Public Defender, hiring an experienced DUI attorney who can spend the extra time you deserve on your case is the best way to make sure your interests are fully represented. Select an attorney who you feel comfortable with, who is easy to reach, and most importantly, who you feel like you can trust

Originally published here.