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DUI/DWI BLOG 
- Lasting effects of a DUI in California: Expungement and Erasing Your DUI Conviction
- California definition of "Drunk Driving"
- I Got a DUI. What else can they charge me with in California?
- Talking your way out of a DUI in California
- Going out on the road in California and avoid a DUI
- Avoiding a DUI in California
- No one saw me driving, how can I get a DUI anyway in California?
- Did you ever wonder what the police did with all those impounded cars? Well stop wondering, now we know.
- Harrisonburg Virginia DUI Attorney comments on flagrant cheating by police on breath test certification
- Harrisonburg DUI Lawyer Reveals that VA DUI Road Block is a Waste of Money
DUI Law By State
DUI/DWI Articles
DUIAnswer.com Blog
DUI and DWI Laws Across the Country
- Driving on or over the lane divider;
- Drifting into the other lane;
- Making a wide turn;
- Making an illegal turn;
- Weaving or swerving;
- Frequent braking, or inappropriate braking;
- Nearly missing an object, pedestrian, or another car;
- Driving over or under the speed limit;
- Driving at night with the headlights off;
- Failing to initiate a turn signal, or leaving the turn signal on;
- Stopping in the middle of the road;
- Following a car too closely;
- Accelerating or deaccelerating too quickly.
- Accelerating or deaccelerating quickly
- Inappropriate or constant use of brakes
- Barely miss hitting an object or another vehicle or pedestrian
- Being too close to the center line or lane marker
- Drifting in one's lane
- Inappropriate signalling, or no signalling at all
- Tailing another car too closely
- Stopping at the wrong place
- Driving too slowly, at least 10 miles per hour under the speed limit
- Not having headlights on
- Weaving on the road
- Making a turn too wide
- Making sudden inappropriate turns
- Drive into opposing or cross traffic
Lasting effects of a DUI in California: Expungement and Erasing Your DUI Conviction
You are applying for a new job. You are asked if you have ever been convicted of a crime. You remember back to that DUI you got when you were out on the town in the Richmond District in San Francisco three years ago. You have to admit that you have a DUI. Say good bye to that job. Even if the question isn't on the application form, your potential employer will run a criminal background check, and that DUI will be there.
What do you do? One option is to expunge your DUI record from your criminal history. If you have successfully completed probation, paid all your fines, committed no other crimes (other than traffic infraction tickets) you can petition the court to expunge or erase the conviction. When the Court grants your petition, you can mark "No" on an employment application asking for criminal conviction.
The expungement does not free you from future enhancements if you get another DUI, nor does it prevent you from admitting to a conviction that was expunged for certain California licenses and immigration applications. But it does allow you to lessen the burden of a prior conviction to let you get that job you want.
A qualified San Francisco DUI can explain the process of expungement and its benefits, and prepare your petition.
California definition of "Drunk Driving"
Whether you are driving in the Richmond District in San Francisco, or asleep at the wheel in the Mission District, it is important to know what exactly is "drunk driving" in California.The legal definitions of "driving" and "drunk" can be inteprreted in many ways. You can be driving even though you are approached by a police officer in a parked park with the engine off, or in an accident with the keys out of the ignition. The key is whether the police, and the District Attorney, can place you in the driver's seat.
Being "drunk" doesn't necessarily mean having a lot of drinks in the SOMA area. The key is whether you are legally impaired. This can be accomplished not only by alcohol, but illicit drugs, prescribed drugs, cough mediicine, or other substances which impair your ability to drive.
Obviously, once you have been arrested and charged with a DUI, a qualified DUI attorney in the San Francisco area can help determine whether you fall into the legal definitions under the law.
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I Got a DUI. What else can they charge me with in California?
After a night out with your family in the Mission District of San Francisco, where you had too much to drink at dinner, you are stopped by a San Francisco police officer. The embarassment of being arrested for DUI in front of your family is humiliating. You get released the next day, and figure all you need to worry about is the DUI charge, and trying to keep your license at the DMV hearing.
Wrong. As any San Francisco DUI attorney can tell you, there are potential enhancements and additional charges that can come out of that family night out. The most serious is a misdemeanor child endangerment charge. You were driving, under the influence, with your young chidren in the car with you. This can add jail time and fines to your DUI charge. It potentially could involve the child welfare department, depending on the circumstances, and the blood alcohol level.
Obviously a DUI, and a loss of license privileges, will create even more problems for your family. In addition, potential jail time, enhanced by the child endangerment charge, will cause havoc for you and your family. While a good DUI attorney can work to reduce the impact of the child endangerment charge, including dismissal of the charge, it is something to keep in mind when you go out with your family, and consume alcohol.
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Talking your way out of a DUI in California
As a San Francisco DUI lawyer, I have clients come into my office from all over the Bay Area with their DUI citation. Once I get the police report, I become frustrated by the statements made by the client to the police officer. The problem is that most people do not know that they have the right to refuse to answer questions that might incriminate them before they are arrested.
It is important to know that everything you say from the point you are approached y the officer until you are released from custody can, and most likely will, be in a subsequent police report, and it may be used against you at trial. You do not have to say anything to the officer other than your name and insurance information. Do not offer information such as "I only had three beers" or "I'm upset because my boyfriend broke up with me." Don't make jokes to the officer. Don't argue with the officer, or swear at the officer. You will later regret it.
While it is possible for a DUI attorney to get the statements thrown out, it is possibly that a judge may leave them intact. They will then be intact for a jury to hear.
So remember, be quiet, give out only essential information, and hope for the best.
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Going out on the road in California and avoid a DUI
As a San Francisco DUI attorney, many clients inquire about how to avoid a DUI charge in the first place. I have discussed the "rules of the road" which give the San Francisco police officer or California Highway Patrol officer probable cause to stop your vehicle.
THere are other things you can do before you even go out for a few drinks, whether it's a road trip to San Jose, or a short trip to the Richmond District. Know your vehicle. If you are uncomfortable or unfamiliar with your car, you are more likely to make mistakes. If you fit in this category, sit in the car before you leave. Take a moment to know where everything is before you start to drive. Simple things such as turn signal levers, emergency brake lights, headlights, high beams, windshield wipers and so on. Adjust the seat and steering wheel BEFORE you drive away.
If you normally drive a car with a clutch, acclimate yourself to an automatic transmission. Drive the vehicle for a while before you make your trip.
Another thing you should do is make sure everything works in the vehicle. All the lights are in good working order, the registration tags are current, and so on. Avoid being stopped simply because your tail light is out, or broken.
Taking the time to go over the car itself can make your evening more enjoyable, and avoids an arrest for a vehicle infraction while you're driving home in San Francisco. Don't make the officer's job easy.
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Avoiding a DUI in California
Before you get out on the roads in California, there are simple ways to avoid a DUI stop. The most common reasons for a California police officer to stop a vehicle are :
Being careful when you drive will significantly lower your chances of a DUI in California.
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No one saw me driving, how can I get a DUI anyway in California?
You have been charged with a DUI in California. You have a court date coming up. You were not driving at the time the office came up to you. How can you be charged with "driving" under th influence?
There are actually several ways this can happen. The most common way is that the officer was following you and observing your driving. You perhaps made some errors, swerving, driving too slow, no turn signals, or some other traffice violation. Perhaps there is a mechanical defect with your vehicle.
Another way to prove you were driving under the influence is if you were "called in" by another driver or pedestrian via cell phone. The officer will receive the tip, and then locate you. If you are still driving, he will follow you and make his own observations. If you have stopped, and the person who called you in is reliable or known, he will come up to your car and begin the process. At a trial, the person who called will have to be a witness in order to show probable cause for the officer to detain you and administer sobriety tests.
Finally, it comes down to location, location, location. Unless you can prove someone else was driving, your presence in the driver's seat with the car engine off on the side of the highway could be sufficient to prove you were driving.
There may be other ways to prove driving as well. It is the job of the District Attorney to prove beyond a reasonable doubt that you were driving. If it is an issue, don't handle it yourself. Contact a qualified California DUI attorney to tackle your case. If it can't be shown that you were driving, you can't be convicted of a DUI in California.
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California DUIs and Naturalization
A DUI conviction in California carries with it penalties and consequences. For aliens, a conviction, or even just an arrest, has additional consequences.
One of the eligibility requirements for naturalization is that a person must be of "good moral character" for five years prior to submitting an application. Generally this means that an alien must show that he or she has not violated any laws or pursued conduct that was inappropriate.
This, of course, includes a DUI conviction. It may also include a DUI arrest which resulted a plea to a lesser included offense. An alien can not be on probation at the time a naturalization aplication is filed.
If an alien has the DUI conviction expunged, or erased, from his or her record, the conviction is still relevant for purposes of immigration. In other words, it must be revealed to the immigration agency.
A qualified DUI attorney competent in immigration can advise an alien as to the effect of a DUI conviction on a naturalization application, and the options that are available to the alien.
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Underage DUIs and drinking in California
Some interesting facts that underage drinkiers should know regarding DUIs and drinking in California:
1. Along with the possibility of a DUI charge, drivers and passengers under 21 that possess alcohol in a car can face a fine up to $1,000 and/or six months in jail, impoundment of the car, and suspension of driving privileges for one year. In addition, possession of alcohol underage anywhere in public will result in similar fines.
2. Possession of an altered California license can earn an underaged person a fine up to $1,000 and/or six months in jail, along with confiscation of the license.
3. Purchasing alcohol underage, or attempting to purchase alcohol, will result in a minimum $250 fine and/or 24 hours of community service, along with suspension of their drivers' license for one year.
If an underage driver is stopped for a DUI, there are a multitude of possible charges that come with the DUI. Given the consequences of each charge, it would be prudent to get a qualified California DUi attorney to sort through the myriad of charges, and possible outcomes.Read More about "Underage DUIs and drinking in California"
Refusing a DUI Chemical test in California
When a person is arrested for DUI in California, they are asked to submit to chemical testing, whether it is a breath test or blood test. Refusal to submit will cause a person to automatically lose their license for a year.
Any subsequent refusal to submit to chemical testing within ten years will result in harsher punishments. A second refusal will result in a loss of one's driver's license for two years. A third and subsequent refusal will result in a driver's license revocation for at least 3 years.
If you are on probation for a DUI already when you are stopped, if you refuse to submit to chemical testing, this could be a violation of your probation. It will result in not only losing one's license for a period of time, but also jail time if probation is revoked.
It is up to each driver in California to determine whether or not they wish to submit to chemical testing. A California DUI attorney can explain the consequences of the decision they make.
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Taking a Preliminary Alcohol Screening test in California
In California, after a driver is stopped for suspected DUI, he or she may be asked to take a Preliminary Alcohol Screening (PAS) test by the law enforcement officer. The PAS is done by blowing into a hand held breach machine.
Taking a PAS test is optional. An officer is suppose to tell the driver that he or she is not required to take a PAS. California Vehicle Code section 23612(h) requires an officer to advise a person that they have a right to refuse the PAS.
The problem is that many DUI defense attorneys ignore this requirement, and the PAS is given more weight in both the DMV hearing and possibly in a motion to suppress. Hiring a qualified California DUI attorney will help in determining whether a driver was advised of the right to refuse a PAS test, or simply told to blow into the machine, thinking they have no alternative.
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DUI Plea Alternative: Dry Reckless in California
In looking at reducing or modifying a DUI charge for a possible plea short of trial, one option in California is what is known as a "Dry Reckless."
A dry reckless is essentially reckless driving not involving alcohol. A plea to this reduced charge will usually result in a fine and court probation, with a possibility of an alcohol education program. However, there are significant differences with this charge and a true DUI. It can't be used against you as a prior DUI in future charges to enchance penalties. In addition, your license can not be suspended, and no SR22 insurance is required. However, if you had a DMV hearing, and lost, then SR22 insurance would be required, and you would face an administrative suspension of your license.
A qualified San Francisco DUI attorney can discuss this option with you, among other alternatives to a straight DUI plea.
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Wet Reckless in California
In evaluating a possible resolution of a DUI charge, a qualified San Francisco DUI attorney will see whether a reduction of the DUI charge to a wet reckess is possible. A wet reckless is an inside term for an alcohol related reckless driving charge. It is no different from a DUI charge in that it can be used in future DUI charges to increase the penalities for ten years. Insurance companies will treat a wet reckless as a DUI for rate considerations.
The benefits of a wet reckless are considerable. There is no mandatory license suspension. There may be no Offender's Program, or a shorter program (if available). Also, there are benefits to certain offenders who have licenses in the state that could be impacted by a DUI conviction. Jail time may be reduced or nonexistent. Finally, the fines and fees imposed are generally half of what could be incurred with a DUI conviction.
Obviously, you should have a qualified San Francisco DUI attorney examine your case to determine if you qualify for this option. If you are looking at a DUI charge alleging priors, this option becomes even more important.
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Have you forgotten something? DMV hearing requests in California
You've just been released from jail after a harrowing night. You've been stopped, subjected to field sobriety tests, humiliation, breath tests, and handcuffs. What do you do next?
The first thing you need to do is read that pink paper that the officer gave tp you. This is your temporary driver's license. On the back of this paper, in small print, are instructions on how to challenge your license suspension. You only have ten days to contest the suspension from the time of your arrest. If you don't do anything, your license will automatically be suspended!
In California, the DMV suspension hearing is different from the court date you were also given when you were released. That date, which is your arraignment, will allow you to get a copy of the charges against you, and the police report.
A wise thing to do is hire an experienced San Francisco DUI attorney immediately. Let that attorney handle all the deadlines. An experienced San Francisco DUI attorney knows the labryinth of time requirements and forms that need to be done. But don't delay. You only have ten days.
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DUI Sentencing alternatives in San Francisco
You've been found guilty of, or plead guilty to, a DUI. The judge has sentenced you to do at least two days in jail. However, "jail" can mean many things, if the judge allows it, in San Francisco.
The most common sentencing alternative is the Sheriff's Work Program. You can schedule it at your convenience. It involves somewht physical work, such as cleaning up streets and sidewalks in San Francisco, or on the highway. You check in in the morning, and go home at night.
Another possibility is community service. If you have physical limitations or injuries, you can do work in an approved community service program. This involves little or no physical labor, and could also be used to pay some of the DUI fines.
Electronic monitoring is used for sentences that are significantly longer than two days. They allow some flexibility, and freedom. You can go to work, do your counseling program, and basic living chores, with some limits.
Work furlough is also available for longer sentences, and allows you to go to work each day, and then go to jail to sleep. The main advantage to this program is that you get to keep your job and earn money. However, you pay for the work furlough program.
Overall, there are alternatives to basic jail time. Contact a San Francisco DUI attorney to get the program that suits you best.
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It's Summer! Boating DUIs in California
Summertime is here, and more and more people are heading to the waters of California. Take your friends out on your boat, and bring along alcohol. Before you do this, you should be aware that in California, Boating DUIs carry penalties similar to those for automobile DUI, including possible jail time, fines, a boating safety program, and driver's license suspension.
In addition, a boating DUI is counted as prior DUI in the future. In other words, if you have a prior DUI, it can be used to enhance punishment in a second DUI.
To assist a police patrol boat in stopping your vessel, such actions as turning your craft too fast, or turning it aggressively, losing control of your vessel, having violations in your vehicle equipment, speeding, not using safety equipment, and other law violations, will ensure a stop.
The same DUI defenses that a San Francisco DUI attorney would use in an automobile DUI can be employed: the field sobriety tests, the chemical test results, and who was actually driving the vessel, among other things.
While drinking in a boat is legal, driving impaired is not. If you are stopped for a boating DUI, treat it just like a regular automobile DUI, and find a San Francisco DUI attorney to assist you. Enjoy the summer, and be safe.
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Impoundment of Vehicles in California after DUI Arrest
Once a California law enforcement officer determines that you are under the influence, and arrests you for DUI, disposition of your vehicle becomes an issue. The officer has the option of impounding your vehicle. On a first DUI, impoundment is not likely. The officer will usually immobilize the vehicle or tow the vehicle temporarily depending on where the stop is.
A second or subsequent DUI puts the vehicle at risk of impoundment. A court can ordered impoundment, but can also make exceptions. Obviously, if you don't own the vehicle, the Court cannot order impoundment. In some situations, you can be allowed to drive an impounded vehicle if the court orders it, your driving privileges are not suspended, and an ignition interlock device is installed.
To save your vehicle, and to avoid loss of the vehicle, it is wise to consult with a DUI attorney.
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California mulls new law on Ignition Interlock Devices
The California State Assembly is considering a new bill, AB2784, which would force California judges to impose a sentencing requirement given hard-core offenders: ignition interlocks.
Ignition interlocks are breathalyzers placed in the vehicle that measure a driver's blood alcohol concentration. If a breath sample registers above a pre-set level, the engine will not start. These devices were originally developed for chronic drunk drivers with high alcohol levels.
Proponents of the bill claim the measure will fight the drunk-driving problem by keeping dangerous drivers off the road. However, mandating interlocks for first offenders doesn't focus on those dangerous criminals.
Other states are lobbying for mandatory interlocks in every car in the state. Indeed, some car manufacturers are developing new interlock technology that could be manufactured as standard equipment. The federal government has approved a $10 million grant to promote development of this technology.
As the popularity of punishing DUI offenders grows, the California Assembly is simply following the rest of the country. In doing so, the rights of every driver are at risk.Read More about "California mulls new law on Ignition Interlock Devices"
Temporary restricted license in California
You've been arrested by the California law enforcement for DUI. They've taken your California driver's license, and handed you a piece of paper. You have 30 days to drive before your privileges are suspended. What do you do then?
A temporary restricted license authorizes drivers to drive a car for limited reasons. These reasons usually involve driving to and from the work place. They can also be other places, if allowed by the DMV, such as school, substance abuse treatment programs, or doctor appointments for a dependent person or self.
To be eligible for a temporary restricted license, you must not have any other nonDUI related suspension of your license. Your "hard suspension" of 30 days must have elapsed. You must have auto insurance (including SR22 reporting).
It's a hassle to obtain a temporary restricted license, but necessary if one needs their vehicle. The consequences of driving while your license is suspended for DUI are far worse.
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When are you "driving" in California for a DUI?
In order to obtain a conviction for DUI in California, you must have sufficient control over your vehicle, i.e., driving. You do not have to be driving a vehicle at the time you are confronted by law enforcement.
One possibility for "sufficient control" is being seated in the driver's side with the engine running. You could also be charged if the engine is running, and you are seated in the passenger side. If you are in a vehicle on the side of the road, and unconscious, you coud be charged with DUI.
An informant could have contacted the law enforcement and notified them of a possible DUI. You could have just parked in your driveway, and exited your vehicle when you are stopped by law enforcement.
The possibilities are endless, however there must still be evidence showing that you were driving. Sometimes this is simply a normal stop on the road. Other times, a prosecutor needs to be more inventive. A good DUI attorney will make sure that the prosecutor meet their burden with corroborating evidence.
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Avoiding a DUI in California. Some nighttime driving tips.
California law enforcement, looking for potential drunk drivers, can have their job made easier by how the driver uses his or her driving skills. Detecting a potentia drunk driver at night is evidenced by some of the following driver mistakes:
The above mistakes don't mean a driver is intoxicated, but they do ensure a road side stop by law enforcement.
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General
Did you ever wonder what the police did with all those impounded cars? Well stop wondering, now we know.
What do they do with the cars? Well first they drive them and then they buy them for ridiculiously low prices.
In St. Louis, Missouri,like in many municipalities, the powers that be have legislatively enabled law enforcement to seize cars of persons suspected of DUI. If the vehicle is not recovered within a certain time by its true owner then law enforcement and their family members can purchase the seized vehicle at a cheap price, sometimes at 25% of the real value.
The city and the tow service split the loot from the towing. The "abandoned" cars become no cost rental cars to be driven for months without cost. In St. Louis, Aimie Mokwa, 33 years old, the daughter of Joe Mokwa, police chief, has helped herself to several cars on the cheap. Actually, it is a good thing the cars are so cheap as she has wrecked a Dodge Neon and a Ford Escort. She had a .17 blood alcohol content when she wrecked the Escort but somehow was not charged with DUI. Sounds fair to all concerned.
Harrisonburg Virginia DUI Attorney comments on flagrant cheating by police on breath test certification
I asked Bob Keefer, a Harrisonburg, Virginia DUI lawyer to comment on the cheating by some Ohio State Troopers on their breath operator's license recertification. Was this a big deal or was the press making too much of a Trooper stealing the test answers, distributing the answers to others, in the presence of patrol sergeants who did nothing and getting caught in part because he missed simple questions. Here is what Keefer said:
Over a million Americans are charged with drunk driving every year. For most of them, this is the most serious criminal charge they will ever face in their lives. Most people charged with DUI have no previous criminal record whatsoever.
DUI charges now carry significant direct and indirect consequences. For example, many states require mandatory jail, mandatory loss of license, mandatory ignition interlock and mandatory alcohol education.
Automobile insurance rates are very high to insure convicted drunk drivers if the company will insure the convicted drunk driver at all. Some countries, like Canada, may even deny the convicted drunk driver admission into the country. Some health insurance providers will not insure the convicted driver. Some life insurance companies will not write policies for convicted drivers. Many businesses will terminate or not hire the convicted drunk driver. A DUI or DWI conviction may sink your security clearance if you need one for employment.
Being a convicted drunk driver is seen as a character flaw at the bare minimum.
In that light, we would expect that law enforcement officers would take their jobs seriously and learn how to properly test a subject’s blood alcohol level. In Ohio, in order to administer the breath test equipment the operator must have a permit. This permit must be renewed every year by passing an examination.
You would figure this exam to be pretty easy for Ohio State Police Officers who give these tests all year round. But that must not be the case since six troopers had to resort to cheating to pass. Moreover, five patrol sergeants knew about the cheating but did not stop it. Apparently they were not concerned about how well the cheaters could test the citizens.
Apparently, one trooper stole the test answer sheet and gave it to other troopers. Three sergeants were present in the room when Trooper Maroon distributed copies of the answer sheet to other test takers. Two other sergeants got the answers from Maroon before they took their test.
Maroon only missed two answers on his test; answers any senior operator ought to get right. All of the cheaters missed the same two answers; the same two answers that were wrong on the cheat sheet. And this was a pass/ fail test. When the investigation began, at least one Trooper was “less than truthful”.
Who is watching the watchers? How many other troopers have cheated over the years? How many innocent citizens have been denied justice because the test operator was a cheater and did not know how to do his job properly? If a trooper would cheat on a test would he lie to convict a citizen? Will the person testing you be a cheater?
Read full report below:
http://content.clearchannel.com/cc-common/mlib/1279/07/1279_1216238914.pdf
About Bob Keefer: Bob Keefer is an attorney in Harrisonburg, Virginia. He represents persons charged with DUI, reckless driving, speeding tickets and traffic tickets. He represents people charged with those offenses in Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Waynesboro, Virginia; Woodstock, Virginia; Shenandoah County, Virginia; Page County, Virginia; Luray, Virginia; Shenandoah Valley, Virginia; Bridgewater, Virginia; Dayton, Virginia; Verona, Virginia; Broadway, Virginia; Timberville, Virginia; Interstate 81.
Harrisonburg DUI Lawyer Reveals that VA DUI Road Block is a Waste of Money
Harrisonburg Virginia DUI Lawyer Bob Keefer recently wrote a blog post about a DUI Road Block in Harrisonburg, Virginia conducted by the Harrisonburg Police Department that produced absolutely zero drunk drivers. So, not a single driver was "wasted;" the only thing that was wasted was the taxpayer's money and the time of the sober drivers who were delayed for no reason!
Richmond Virginia DUI Lawyer Bob Battle has previously posted on a history of "sobriety checkpoints."
If you have been arrested for DUI at a sobriety checkpoint, there are many possible defenses based on the set-up and implementation of the checkpoint. All of the Virginia DUI Lawyers on DUIanswer.com are experienced in investigating and raising these issues and other issues relating to Virginia DUI Laws for you at trial.
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Harrisonburg Virginia DUI Attorney Keefer talks about the New Breath Tester
In 2005 Virginia Department of Forensic Science (DFS) revealed in a grant request that its evidentiary breath test devices, Intoxilyzer 5000 (68), were “dated, unstable and unreliable.” DFS went on to say that, “Funding of this request will allow the agency to replace instruments that are 9-10 years old and for which replacement parts are not available.” West Virginia had begun replacing its dated, unstable, unreliable Intoxilyzers with emergency funding in 2004.
FOIA requests of internal DFS documents revealed serious problems with Virginia’s Intoxilyzers,
The