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southern-california-dui-defense.com - Standard DUI Punishments

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Transcript
Standard DUI Punishments
What is a standard punishment for a first offense DUI conviction?
The standard punishment for a first offense DUI conviction varies by state. But typically at a minimum, would include a period of probation, a monetary fine, a drivers license suspension, and a court ordered alcohol class. In some states - in some locations, the consequences may also include jail.
What is a standard punishment for a second offense DUI conviction?
The standard punishment for a second offense, DUI conviction, varies by state and it would include probation, monetary fines and an alcohol program, as well as a license suspension. However, the length of the license suspension typically is much longer in a second offence, and also most jurisdictions impose a minimum amount of jail time by the time a person reaches a second offense.
What is a standard punishment for a third or subsequent offense DUI conviction?
What is the standard punishment if my DUI results in serious injury to others?
What is the standard punishment if my DUI results in the death of others?
If you drive under the influence and you cause an accident and that accident kills somebody, whether it be another motorist or a passenger in your car or a pedestrian, then you can be charged with either vehicular manslaughter or in some cases, with murder. If you are charged with murder, it's possible that you could go to prison for the rest of your life.
What is the standard punishment for DUI if a minor is convicted?
If a minor is convicted of DUI, and by minor I refer to somebody who is under 21, somebody below the drinking age, in court they are typically subject to the same standards and penalties as an adult would be. However, there is also in many states what is called a zero tolerance policy. What that means is that if a minor drives with any amount of alcohol in his system, even below a .08, he can be subject to a lengthy revocation of his driving privileges.
What is the standard procedure if the police arrest me for DUI?
If the police arrest you for DUI, the standard procedure is that they will handcuff you and transport you either to a hospital or a police station, where you would either give a breath test or blood test or urine test. You would then be booked. That means that you would be fingerprinted, they would take your booking photo, they would ask certain background questions and they would detain you, typically at least as long as it takes for you to sober up.

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southern-california-dui-defense.com - Vehicle Penalties For DUI's

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Vehicle Penalties For DUI's
What is an 'ignition interlock device' or IDD?
An 'ignition interlock device' or IDD is a small breathalyzer that is attached to the ignition in your car that you have to blow into before you start your car. And if you blow into it and it detects the presence of alcohol then your car will not start. It is a precautionary measure imposed by the courts to prevent people who are convicted in DUI from repeating the offence. And often times if your BEC is particularly high, or if it is a second, or third, or multiple offence, then the court will require you as a condition of probation to have the IDD or Ignition Interlock Device installed in your car.
Can my vehicle be impounded if I get a DUI?
Your vehicle could be impounded if you get a DUI and that law varies by state. Some states require that a person arrested for DUI have their vehicle impounded, but in other states, it is in the discretion of the police officers who arrest you.
What do the police do with my vehicle if I am arrested for a DUI?
If you are arrested for DUI, then what happens to your car, often is in the discretion of the police officers. Sometimes they will have it towed, sometimes they will have it impounded, sometimes they will allow you to keep it parked in a safe place where you were pulled over, sometimes if you have a sober passenger they will allow the passenger to drive your car off with your permission, or allow you to bring a sober person to the scene to drive your car off. A lot of times it really is in the discretion of the police officers, and that's one reason to try to get along with them, because they often have that authority.

VideoJug.com - Suspended License - Driving Licence

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Suspended License
When does a DUI license suspension begin?
If your driver's license is suspended because of a DUI, you typically have to get notice of the suspension. You will be given a written notice which usually will come in the mail, and it will notify you that you are about to suffer the license suspension. The suspension period then goes into effect a few days later, often about five or ten days later.
What can I do if my driver's license is suspended as a result of a DUI?
If your driver's licence is suspended because of a DUI, you are entitled to have a hearing with the state department of transportation or department of motor vehicles to determine whether that suspension will stay in effect or whether you will get your licence back. Typically, after a DUI arrest you have a limited number of days in which to request that hearing. Sometimes it's seven days, sometimes it's ten days, and in some states it's 30 days. If you fail to request that hearing within that time period then you will forfeit your right to a hearing, and at the point there is not much you can do about the licence suspension.
What is a 'driver's license suspension hearing'?
A driver's license suspension hearing is a hearing that takes place with the state Department of Transportation or Department of Motor Vehicles, in which a hearing officer presides and decides whether or not to impose the driver's license suspension or to set aside the driver's license suspension. Typically, at a hearing, you have the right to be present, you have the right to be represented by an attorney, you have the right to testify, to present evidence, and you often have the right to bring in the police officers who arrested you and to cross-examine them about what happened.
Do I need an attorney for my driver's license suspension hearing?
You are not required to have an attorney at the driver's license suspension hearing. You may represent yourself. Many people do actually represent themselves. However, the reality is that with an experienced attorney you are more likely to prevail.
If my driver's license is suspended because of a DUI, can I appeal the decision?
If you have a driver's license suspension hearing, and you lose, and your license is suspended, there is a process by which you appeal that decision. That process is called "administrative review", and it's one where an independent panel will review the transcript of the hearing, review the evidence of the hearing, and determine whether the hearing officer that made the decision against you erred or made a correct decision.
How can a driver's license suspension hearing be useful to my criminal hearing?
How is the length of my DUI driver's license suspension determined?
Most states have standard lengths imposed for a first offense, a second offense, and a third or subsequent offense of a DUI conviction. However, other things that can affect the length of a suspension can be the age of the driver. If the driver is a minor, it will be typically a longer suspension. Also, with the BAC level, oftentimes a very high BAC level will result in a longer suspension. And also, where there was a refusal to submit to a blood, or breath, or urine test; in many states, refusing to take one of those tests will result in a much longer suspension as well.
If my driver's license is suspended because of a DUI how can I get a temporary restricted license?
In most states you're eligible to obtain a temporary restricted license. If you go to the DMV, show to them that you have enrolled in an alcohol program, show them proof of liability insurance - which is a document called an SR22 - and pay a re-issuance fee for your driver's license.
What are the penalties for driving while my license is suspended?

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southern-california-dui-defense.com - Restricted Drivers Liencses

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Restricted Drivers Liencses
Can I be acquitted on DUI charges and still lose my driver's license?
It is possible that you could be acquitted on the criminal DUI charges and still lose your driving privileges. The reason is that in a DUI case there are two separate proceedings that go on. There are court proceedings to determine whether you will be convicted of the crime of DUI, and there are administrative proceedings to determine whether the Department of Motor Vehicles will suspend your driver's license. So, it is possible to win and prevail in court but still to lose with the Department of Motor Vehicles and suffer the driver's suspension.
Can a police officer confiscate my driver's license at the scene of a DUI?
A police officer can confiscate your physical driver's license at the scene of a DUI if you are arrested, and that is fairly typical. However, what he will do is give you a temporary license in its place. That temporary license allows you to drive temporarily until you can have an administrative hearing to determine whether the suspension will ultimately go into effect.
What is a 'temporary restricted license' or 'TRL'?
A temporary restricted license is a restricted license that you can get during a driver's license suspension that allows you to drive to places where you have a critical need to drive to. Typically it's limited to driving to and from work related activities, driving to and from school if you're a student, and driving to a court imposed alcohol program.
What are the restrictions associated with a temporary restricted license?
Typically the restrictions associated with a temporary restricted license are that you can only drive to and from work-related activities if you're employed, to and from school or school-related activities if you're a student, and to and from an alcohol program if one is required of you by the court. If you exceed those restrictions, or if you're caught driving to a concert or a movie or something unrelated to those events, then you can be charged with driving on a suspended license and you could go to jail.
What are the eligibility requirements for obtaining a temporary restricted license?
In most states, to obtain a temporary restricted license after your license has been suspended because of DUI, at a minimum, you have to show that you have either enrolled in or completed an alcohol class. You have to show that you have proof of auto liability insurance, and that's a document that you obtain from your insurance company that's commonly called an SR-22. You have to pay some sort of a fee in order to get the restricted license.
How can I get my driver's license reinstated after my DUI?
If your driver's license was suspended because of a DUI, and you have served out the suspension period, you can get the license if you show proof that you have either enrolled in, or completed any alcohol class that was imposed upon you by the court. Also, you have to show proof of auto liability insurance and you have to pay some sort of a re-issuance fee to the state Department of Motor Vehicles.

VideoJug.com - Cost Of A DUI

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Cost Of A DUI
How much is an attorney going to charge for a DUI defense case?
The cost of an attorney in a DUI case varies based on many factors. One factor is where the DUI occurs. The market value or cost of an attorney in some parts of the country typically big cities for example is much higher than it is in sparse or more rural areas. Also of course the experience level of the attorney, the competence of the attorney, the skill of the attorney, the reputation of the attorney is a big factor in determining the cost and it can range anywhere from about five hundred dollars on the lower end to as much as ten thousand dollars or more on the high end. Typically when you hire an attorney in a DUI case, the attorney will represent you with regard to the drivers licence suspension hearing as well as the court proceedings and typically the initial retainer with the attorney will cover the court proceedings up until jury trial. All of the pre trial proceedings but not the jury trial. If the case goes to the jury trial most attorneys will require an additional retainer and additional attorney fees to represent you at the jury trial which often times can be very expensive.
Is it possible that my DUI case may end up in a trial?
What sort of penalties or fines should I expect to pay if I am convicted of a DUI?
The penalties and fines that you can expect will vary by state, county and region, but typically will include probation, monetary fines--sometimes in the thousands of dollars--an alcohol class that will be imposed by the court, driver's license suspension, and sometimes community service and jail time.
What factors should I consider when hiring my defense for my DUI trial?
What questions should I ask my DUI attorney?