A DUI conviction in California will result in automobile insurance problems. From the requirement of obtaining SR22 insurance, to renewing insurance policies, it is inevitable that automobile insurance rates will go up dramatically upon renewal. In the alternative, the insurance company can elect to not renew the policy at all.
It is lesser known that a DUI conviction in California can effect other insurance policies as well. You may be surprised to find out that your life insurance premiums may go up based on a DUI. Since life insurance premiums are based on health conditions and life expectancies, a company may decide that a DUI impacts those factors. The theory is that alcohol abuse reduces life expectancy by years and creates potential health problems.
In addition, disability insurance qualification or premiums can be affected by a DUI conviction. Private disability insurance replaces income in the event of an illness or injury which prevents you from working. Premiums, like life insurance, are based on your health condition. A DUI can cause an increase in premiums, cancellation of a policy, or a denial of a policy.
It is important when you are facing a DUI charge to consult with a qualified California DUI attorney who can guide you about your various insurance concerns.
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.
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.
"I've been asked to get out of the car - do I have to?" Yes, or you will likely be arrested. If the officer pats you down, do not physically resist. At this point, the officer has most likely determined you are under the influence.
The officer may then ask to search your vehicle. You have the legal right to refuse the search if you choose. The officer can not arrest you simply for refusing to consent to a search of your vehicle. If the officer has probable cause to believe you have committed a crime, your car can be searched without your permission or a warrant. However, if the officer improperly searches your vehicle, and finds evidence in the car, it can be excluded at trial.
Now that you are out of the car, the next phase in all likelihood are the field sobriety tests. What happens next? Stay tuned.
Field Sobriety tests are subjective tests designed to determine if you are impaired to drive a vehicle. They are subjective because the officer is the one who decides if you pass or not.
The purpose of the tests is to evaluate your motor skills and coordination, as well as your mental attention and ability to process information and instructions. If the officer asks you to do these tests, can you say "No?"
You have the legal right to refuse to take a field sobriety test, even if the officer does not ask your consent. At any time, you can simply tell the lawyer that you wish to speak to an attorney first. You can not be forced to do the tests.
The conventional wisdom of DUI attorneys is that, even if you take the tests, you will fail. The tests can be failed even when one is completely sober. They are completely subjective. In all likelihood, the officer has already decided you are impaired. Refusing to take the tests may result in your arrest, but the failed tests won't be a part of the record.
Whether you passed or failed the Field Sobriety tests is based totally on the officer's personal observations and impressions. There are a number of factors that influence how you do on the tests, having nothing to do with whether you have consumed alcohol.
How even is the pavement? Is the pavement gravel or concrete, or something even less, like dirt? Is there traffic passing by as you're doing the tests, stopping or slowing to watch you? How's the lighting? Is it a street light, or the officer's flashlight? How's the weather? Are you shivering or shaking because you can't coordinate yourself, or because you are freezing? What are you like - are you obese, elderly, or have physical impairments of your limbs, back, eyes or ears? What kind of shoes are you wearing?
This is where writing everything you remember during the stop down as soon as possible helps. An experienced DUI attorney can use this information to diffuse any negative impact of the tests.
Okay, you've been arrested and released. You are now charged with DUI. You have written down everything that you can remember that happened during your stop by the California police officer. You hire your attorney. Your attorney gives you a copy of the police report.
As you are reading through the report, done on a computer template, you notice that much of what is there is not true. Why? Because police officers are using pre-written arrest reports in DUI cases. They are writing out a batch of similar reports detailing intoxication symptoms like red eyes, slurred speech, odor of alcohol. Also, the "details" of failed field sobriety tests, checking off procedures properly done, and the inevitable failure on the tests. Really all the officer is doing is simply filling in the names, dates, etc., when they actually make an arrest.
With computer templates and word processing forms which have all of the “facts” already entered, with blanks to fill in for name, date, place, a busy officer has no choice. The question is what you can do about it.
This is the reason why you need to write everything down as soon as possible after your arrest. A good DUI attorney will know to intensely question the officer, who, several months later, will have to rely exclusively on his canned report, and won't be able to go beyond the report. Don't let the officer get away with his laziness. Your right to an accurate report is crucial to defending yourself.
You've been charged with DUI. You think your worst case scenario is the minimum standard punishment: two days in jail, fines and probation. Can it be worst?
Yes. In California, there are options called "enhancements" which could increase your sentence based on a variety of factors. Speeding is one factor, especially if you are clocked at 20 or 30 miles per hour over the speed limit.
Another factor is whether there has been an accident, even an accident where no one else was involved. A judge may also look at whether you had minor children in the car, which could also include a child endangerment charge.
There are other factors as well, and a judge can increase jail time or fines, or even the type of alcohol program, based on the factors. These factors could also be used as a wedge to get you to plead to a DUI with the basic sentence in lieu of a trial.
A DUI attorney can help you go through the factors, and determine how to deal with each one effectively.
Once you have been taken to the police station in California, you will be asked to take a test to measure your blood alcohol content. Can you refuse to take the test?
In California, as well as other states, there is an "Implied Consent" law. The law states that by driving a motor vehicle in California, you have already given your consent to take a test. Going back on your word by refusing to take a test will result in your driver's license being suspended for a longer period of time.
The officer will read you an advisory about the test, and in this advisory is the warning about the consequences of not taking a test. Pay attention to the advisory, and look to whether the officer correctly communicated your rights, misleads you, exagerates the penalties, or makes any threats or inducements. If he or she does, then a judge may throw out the results of any test you decide to take.
The decision is ultimately yours. If you believe you are not intoxicated, take the test. If you are unsure, or are quite intoxicated, and are not concerned about the loss of your license, then you need to weigh the test versus the consequences of not taking the test.
You have just been released from jail after your arrest for DUI. You will now be charged by the District Attorney, and you will go to court. Besides the emotional costs that you are now suffering, there are other costs to prepare for.
The obvious initial costs will be hiring a DUI attorney. Even if you choose to fight the DUI on your own, there are other costs to expect: Fines, penalties and surcharges. The costs of a DUI alcohol treatment program. The costs involved in losing your license, and in getting your license back. You may have to install an ignition interlock device. Your automobile insurance will go up.What can you do to avoid these costs? The best way to attempt to avert these costs is to not go it alone. Hire a qualified California DUI attorney immediately, and try to keep your costs limited to the legal fee. Hopefully, if you are successful, the other costs will go away.
They look so simple. Easy tasks to perform. You're sober anyway. You can't fail the Field Sobriety tests. Wrong. How can you fail one of the tests? Let's look at some possibilities.
Nystagmus test: The officer wil check your eyes. You fail if your eyes are trembling or jerking as you follow the officer's finger or a pencil.
Standing on one leg test: Easy, right? The officer will look for failure such as beginning the test too early, losing count, losing your balance, falling over, or displaying poor coordination.
Walk and turn test: Again, you fail if you start too early, step off the imaginary line, lose count, or put any space between your heel and toe.
Finger to nose test: Close your eyes, extend your arms, and touch your nose with your finger. You fail, obviously, if you miss your nose. Also, you fail if you start too early, have trouble keeping balance, or have any muscle tremors.
Short of falling down, the officer will look for any failure, however insignificant. A California DUI attorney can go through these tests at a trial to show a jury just how impossible they are.
In California, a DUI stop results in field sobriety tests. I've discussed certain factors which affect the results, including the pure subjective aspect of them. There are also other factos affect a performance.
Imbalance during the tests can be caused by various factors. Weather conditions such as wind, extreme temperatures, a slippery surface, and rain. Shoes, whether they be the height and shape, or the material of the show. Illnesses, such as a cold, arthritis, physical injuries, age, or othe defects. Emotional considerations, whether it be anger, embarassment, nervousness, and other feelings.
Another factor can be caffeine, which has an adverse effect on the tests in combination with alcohol, making one's muscular coordination and timing suspect. In addition, there is the "circadian rhythim" or in layman terms, the biological clock. Doing the tests late at night or early in the morning effect performance, as does jet lag.
A DUI attorney will look into whether any of the above factors apply, and further place into question the validity of the field sobriety tests.
You're driving home, and out of the blue an officer stops you. You've done nothing wrong. What happened? In this age of cell phones, you probably were "ratted out" by an informant. It has become more common in California for another motorist to notify police of a possible DUI. You know, that motorist you accidently cut off, or the one who was behind you when you swerved slightly.
While informants are important, an officer still needs a reason to stop you. However, since the officer is now observing you closely, any Vehicle Code violation will suffice to initiate a stop. In some cases, where the informant is reliable or known to the police, that may suffice for a stop by the officer.
The Second District Court of Appeals in California has ruled that boaters who are arrested for DUI in their boats, can not lose their driver license to operate a motor vehicle. California law treats DUI boating the same way as motor vehicle DUI, including the same alcohol limit of .08. Boaters can be sentenced up to six months on a first offense, and required to take a boater safety course.
However, you don't need a license to drive a boat. The Department of Motor Vehicles was suspending a person's driver's license for boating under the influence. No longer, says the Court, because no law in the Vehicle Code allows it.
Look for this to trigger activity in the California Assembly. A previous attempt in the assembly in 2004 failed.
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.
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.
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.