By Abraham Avotina -

Driving under the influence of alcohol, drugs or both is a serious misdemeanor since it endangers your own life and the lives of other drivers around you. In the state of California, it’s illegal to be driving any motor vehicle when your blood alcohol count is at or above .08. If you’re under 21 years of age, a blood alcohol count of .01 or more is illegal. If you are charged with driving under the influence of drugs or alcohol, you should hire a DUI attorney. This type of attorney specializes in DUI cases and will have a greater chance of getting your case dismissed or your punishment reduced.

DUI Penalties in the State of California

Authorities in the state of California take DUI offenses very seriously. The penalties enforced by the court are no picnic!

The first time you are caught driving under the influence could land you in jail for anywhere from four days to six months. Usually a fine of $390-$1000 is charged plus penalty assessments. In some cases the judge may allow you to do community service instead of paying a fine. Your driver’s license will be suspended for four months or for an entire year if you’re younger than 21. The court will decide if your vehicle will have an ignition interlock device installed or if your vehicle will be impounded. Typically first time offenders are required to attend DUI School for at least three months, and they’re kept on informal probation for up to three years.

If you’re found driving under the influence a second time or more, the penalties for each offense are harder. You’ll be in jail for 90 to 120 days with the possibility of doing 10 days community service in exchange for jail time. You’ll be fined another $390-$1000. Your license will be suspended for one whole year, and your vehicle will be impounded. You’ll be required to attend 18-30 months of DUI School. For a second time offense you’ll be placed under informal probation for 3-5 years, but if this is your third offense or more you’ll be placed on formal probation for the same amount of time.

DUI Court Procedure in the State of California

Once you’ve been stopped and arrested for drunk driving, you’ll need to contact your DUI attorney so he can be with you during your arraignment, your first appearance in court. At the arraignment, you will enter a plea of guilty, not guilty, or no contest. Then your pretrial date will be scheduled.

At your pretrial, your DUI attorney will attempt to negotiate with the prosecutor and obtain a sentence without proceeding to an official trial. If he and the prosecuting lawyer reach an agreement, the judge will sentence you immediately, but if no agreement is reached your trial date will be set.

You may choose whether or not you want a jury trial. The trial will proceed with opening statements made by each attorney, evidence presented and witnesses questioned. The prosecutor will present his evidence first, and then it will be your attorney’s turn. If you choose to use a jury, the entire jury must be convinced of your guilt before they sentence you as guilty of driving under the influence.

Whether you are convicted or not, it’s always best to have a qualified and experienced DUI attorney by your side through the entire process.

A great Sacramento DUI attorney can help you navigate the complicated legal system after you’ve been ticketed. Before you go to court, visit http://www.sacramentodefense.com

Article Source: http://EzineArticles.com/?expert=Abraham_Avotina
http://EzineArticles.com/?The-Importance-of-a-DUI-Attorney&id=6952223

By Colin Langner -

One leading cause of death and one of the top causes of debt is driving drunk. Celebration, prom or special events are typically when driving drunk is considered some of the most deadliest times. The alcohol consumed by the drinker can affect other people as well as himself.

Driving under the influence or (DUI) has serious consequences associated with it. Driving drunk can cause the loss of your license. Loosing your license takes away the freedom and privilege of going wherever you want whenever you want. During this time you have to ride the bus or beg someone to give you a ride. In the end it turns out to be a huge a hassle, but not as bad as some of the other consequences.

If you decide to get behind the wheel after drinking you are risking not only your life but the lives of others on the road. If you get in an accident and someone dies the penalty is on you. The result of this could be a guilty conscience and/ or a year or more in jail. If your friend is riding with you and they die, you won’t ever be able to see them again, and could cause some people to have deep depression.

Lastly and least important, are the fines behind it all. Depending on your case the normal fines can be more, but on average it runs about $300 to $1,000. This doesn’t include court fees or attorney fees. Another fee you’ll have to pay is your insurance rates will rise in order to cover some of the damages. Also you will have to pay for any damages of other drivers’ car or hospital bills. This, as you can tell, gets really expensive and will cause huge debt.

The statistics are true, but still won’t keep people from driving after they have been drinking. One thing they always say is that they didn’t drink that much. But it doesn’t take much to get drunk. With one little decision you can save thousands of dollars and most importantly save lives.

Article Source: http://EzineArticles.com/?expert=Colin_Langner
http://EzineArticles.com/?Dont-Ruin-Your-Life-by-Driving-Drunk&id=3015198

By Frank Schumacher -

Do not attempt to drink and drive. There are already law enforcement tactics and public awareness campaigns all over the state yet some people still disregard this. As a result, they face the consequences as stated in the law.

Police officers have the authority to pull your car over if they notice something peculiar about you or the way you drive. They will perform an alcohol test and if they find less than 0.08 percent of alcohol in your blood, you just might be sentenced to 10 days jail time. They call such case as “impaired to the slightest degree”. The fine starts to a minimum of $1,450 up to a maximum of $2,500.

If your blood alcohol content is 0.15 percent or greater, then you are really in a lot of trouble. You can end up paying more than $2,500 as fine and the judge can impose 6 months jail time aside from being subject to 3 years of probation. For second time DUI offenders, the penalty is much more severe.

The penalties stated above are just for instances when you get pulled over. If you are driving under the influence of alcohol and because of it you caused an accident, that is another matter altogether. If you think being caught with DUI is trouble, you have a whole new world of trouble if you get involved in a car crash. In such case, it would be best to hire a car accident attorney.

The victim will definitely push charges against you for all the damages you caused him or her. The best thing to do in this scenario is not to panic. Stay relaxed and focused and call your car accident attorney right away. He or she will be able to straighten things out for you. Damages will be computed and the victim will be properly compensated if you have a reliable car accident lawyer by your side.

Your lawyer is the best person to sit down with the lawyer of the other party to discuss damage compensation. You will be liable for property damage, personal injuries, wage loss, medical expense, loss of lifestyle as well as physical and mental stress. The victim will try to bargain for higher compensation so it is the job of your accident lawyer to minimize your expenses as much as possible. There will be several offers passed between the two parties until they both agree on a price. If both parties do not come to an amenable terms or do not cooperate with each other, the case might even go to litigation. More expenses will be incurred this way so better have an out of court agreement.

If you are on the lookout for the best Arizona car accident attorney, search for it using the internet. You can get complete information on a lot of websites out there. Just make sure that the Phoenix car accident attorney you will hire is associated with the state lawyer association and has sufficient knowledge and experience in the field.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher
http://EzineArticles.com/?DUI-Offenders-and-Car-Accident-Liability&id=4456014

By C Dreyer -

Most people have heard ad campaigns that drive home the point of why you shouldn’t drink and drive. But how many of us actually pay attention to these ads? Many people seem to think they are somehow invincible, and that somehow they can stay in control of a vehicle even if they’ve had too much to drink. If you are one of these people, there are some things you should think about before you get behind the wheel of a car.

Consider these important reasons for why you shouldn’t drink and drive:

1. Drinking and driving can create a permanent black mark on your record.

Drunk driving is a criminal offense that can carry stiff fines, jail time, and hamper your ability to get a job, qualify for housing, or gain access to other important services in the future. Do you really want to have to answer “yes” when asked if you have a criminal record? Is it really worth the risk of losing employment and other important opportunities?

2. You could cause significant property damage.

Many insurance companies will not pay for damages to your own vehicle that resulted from negligent drinking and driving. You could end up costing other drivers ? and yourself ? a ton of money by driving under the influence. Ask for a ride, take a taxi, or stay put to avoid totaling your car in a drunk-driving crash.

3. Consider the example you are setting.

If you have young children, younger siblings, or friends who look up to you, consider what example you are setting for them when you get behind the wheel of a car after drinking. Consider the embarrassment that you will face if you are arrested for drunk driving ? this is not a reputation you want to create for yourself.

4. Drinking and driving costs lives.

As many as 37% of all traffic-related fatalities are caused by drunk drivers. Not only does this cause tremendous heartache and suffering to injured parties and their families, but you may wind up causing an accident that you’ll regret for the rest of your life. Other drivers aren’t necessarily the only casualties ? you also put your own life at risk, as well as anyone else who rides in the car with you. Do you really want to risk playing with people’s lives?

Drinking and Driving Should Never Be an Option

The bottom line is that there are many reasons why you shouldn’t drink and drive, and not a single reason why you should. The best plan is to be prepared ahead of time by making transportation arrangements if you know that you plan to consume alcohol.

Planning Ahead

Don’t wait until you’re already impaired by alcohol to make a transportation plan ? by then your judgment is already compromised, and you risk making a stupid decision to drive under the influence. Leave the car and keys at home, choose a designated driver, or just make arrangements to stay where you are. Above all plan ahead, stay safe, and never drive under the influence of alcohol.

Hawaii dui lawyers have to follow a different legal set of laws when defending dui cases. Find out what these are. Delaware dui lawyers can help you in your dui case.

Article Source: http://EzineArticles.com/?expert=C_Dreyer
http://EzineArticles.com/?Why-You-Shouldnt-Drink-and-Drive&id=2331887

By Kevin Valentine Young -

Hundreds of thousands of people each year spend their vacation through interstate travel. And for some reasons, many of them tend to live it up a little bit more than they used to at home. A lot of these non-resident drivers do not realize that out of state drunk driving arrest have consequences in both the state of conviction and their home state. The home state will be notified about the arrest by way of Interstate Diver License Compact.

Interstate Driver License Compact

The interstate agreement that is used to trade information regarding driving violations and license suspensions within the United States of America is the Driver License Compact(DLC). Violations committed by non-residents are forwarded to their home state, the state in which they got their driver’s license. DLC has its own theme, which is “One driver, One license, One record”. Even if the violation is committed out-of-state, home state laws will still be applied like it happened in the home state.

According to the interstate compact, the home state of the arrested person should be notified by the state where the arrest happened. In this case, the out-of-state convict will be penalized in his licensed state. Violence under the DLC includes minor offense like over speeding and major offense such as DUI or drunk driving. Tinted windows, parking tickets, and other violations that are non-moving are not included.

For example, if a non-resident went to California for a vacation decides to drive after having a number of drinks at a bar, he will be arrested. This non-resident will be charged with out of state DUI under the traffic law of California. However, California could only suspend his license or limit his privilege to drive within California only. But they cannot do anything about his driving privileges in his home state.

History of DLC

The idea started when the Governors along with some organizations in Western States decided to have a meeting regarding traffic safety. Then in the late 1950′s, it was stated within the Beemer Resolution that states were permitted to form an agreement concerning laws about traffic safety. In 1960, the interstate Driver License Compact became a reality when Nevada became its first member. As of now, only the states of Wisconsin, Massachusetts, Georgia, Michigan, and Tennessee are not members of the DLC.

Because of the ease of interstate driving, it is now common to get arrested due to traffic violations such as out of state drunk driving. The convicted person will face punishments and penalties in the state of conviction and in his licensed state. It is important to know that he has primary rights in order to challenge these convictions. In this kind of situation, the best idea is to immediately hire a very experienced DUI lawyer in the particular state where the violation occurred in order to protect their licenses and privileges in driving from being revoked.

In trouble of drunk driving in Las Vegas? Get the best DIU Attorney in Vegas.

Or are you in New York? Get the best DIU Attorney in New York.

Article Source: http://EzineArticles.com/?expert=Kevin_Valentine_Young
http://EzineArticles.com/?Out-Of-State-Drunk-Driving&id=6567546

By Terry Cameron Smith

If perhaps you were convicted of driving drunk, you may want to be aware of DUI car insurance policy. The majority of people fully grasp the raised costs for being convicted of this charge with regards to charges and time in jail, however, many don’t know that it may also result in complications with obtaining and maintaining auto insurance. This post talks about some of the problems a convicted culprit may face.

As stated before, being convicted of driving drunk will surely have significant difficulties which includes heavy fines, impoundment of automobile, lawyer expenses, court costs, and on and on and on. But a conviction might also have an effect on the way your insurance agency takes care of you. It’s not at all unusual for companies to raise their premiums on anyone found responsible of this offense. In some circumstances, they can end the insurance plan completely.

The majority of states now mandate individuals convicted of driving drunk to get what is popularly known as DUI car insurance. The lawful term for this is SR22 insurance (Proof of Insurance Certificate). This certification need to be sent from your insurance provider to your state Department of Motor Vehicles. It basically certifies that you possess the correct amount of protection on your personal cars.

Whilst this is all beginning to seem fine and dandy, the issue is that not every insurance carriers provide SR22 insurance. Which means your insurance plan may just be non-renewed or ended due to the fact the agency is unable to provide insurance policy to suit your needs. In many states, insurance companies can not cut you off during the insurance policy term, hence you should definitely check out the laws and regulations where you reside.

The next less-likely situation would be that your insurer does not discover your DUI because, for reasons unknown, it falls through the cracks of red tape. In some instances, your insurance provider is not going to raise the rates or terminate you if you have been a very long time policy holder with no additional blemishes on your driving history. But this really is very unlikely. What lots of people don’t realize is the fact that insurers keep up to date with driving offenses for their clients, therefore the odds yours will establish about your conviction are very good.

Here’s How to Get Vehicle Insurance Following a DWI

1. Employ a very good attorney to battle your DWI claim. You might lower the cost in a plea discount or perhaps restrict the length of time your drivers license is suspended. In case the suspension time period is short, your insurance company will most likely not find out and also your drivers license will not be suspended after all. In case you do well using an lawyer in an appeal for another day, phone your insurance provider and request being reinstated at old rates.

2. Get lessons along with the ones that are expected following a DWI which could present you with a more reliable appearance to insurance agencies. Following a DWI lawsuit, proving your increased mindset regarding safety is the best way to get on top of your insurance fears.

3. Get quotes from several companies and pick the one that will immediately allow you to get the ‘proof of insurance’ or even the SR22 form. You simply must present this to your local Department of motor vehicles as a way to alter your suspension position and have your driving license reinstated.

You may additionally need to check out SR22 Insurance Alabama or SR22 Insurance Washington

Article Source: http://EzineArticles.com/?expert=Terry_Cameron_Smith
http://EzineArticles.com/?What-Is-DWI-Car-Insurance-And-What-Should-You-Do-After-Being-Caught-Driving-Drunk?&id=6550519

By Earl Thomas Jr -

So you are pulled over for swerving and the next thing that you know, you are performing several roadside tests. You are then cuffed and placed in the back seat of the police car. He has your car towed and you are taken down to the police station where you are given the “official” breathalyzer test. After all is said and done, you are given several pink slips and left to find your way home because your car is impounded. You have been charged with driving while under the influence of alcohol.

What is this DUI (Driving Under the Influence of Intoxicants) or sometimes referred to as DWI (Driving While Under the Influence of Intoxicants)? You are going to want to keep reading because the more you know about your charge, the procedures, etc. the more you are likely not to get in deeper trouble. It is a very serious charge and one that is prone to additional charges being added to it just to drive home a point. It quite possibly could destroy your record forever in the state in which you received the charge. People have been fired from jobs for this, making it that much more difficult to find further employment.

As of recently, meaning the past five years, all fifty states have taken a stand against driving under the influence punishments and are getting tougher and tougher.

Basically, you are considered too intoxicated to operate a motor vehicle when it is determined that your body’s alcohol count (BAC) is.08 or above. So when a cop pulls you over he knows very little about your state of being, that is of course, you are not completely trashed. He only finds out by asking you questions which you voluntarily answer (you give the officers less to work with if you don’t talk yourself into a hole). After this, and if he thinks you may be intoxicated, he gives you a voluntary road side test as well as a voluntary breathalyzer. From this he will determine if he needs to take you down to the station for processing.

Again, all the states have their own ways of dealing with DUIs and DWIs but if you are found guilty, no matter which state you are in, you will be losing your license anywhere from three months to two years. Immediately after you are charged, check on the state laws concerning DUIs/DWIs and grab an attorney ASAP. Also, it may be a good idea to enroll yourself into an intervention class (a class that revolves around substance abuse and driving). Any attorney would encourage this and can tell you the best place to go for these classes. This lets the courts know that you are actively seeking help.

Be warned though, you will be going into your pocket every step of the way. Be prepared for this. Everything costs… everything!

So go now before you do anything else and enroll in some type of alcohol intervention program. Do that first. Then get yourself an affordable, or if you like, an expensive lawyer. And let him/her advise you of your next steps and what you should expect from the courts.

DrunkDriverAnswers.com is dedicated to providing useful information to those who are dealing with or who have dealt with a DUI. Answers to all of your driving under the influence related concerns can be found at http://www.drunkdriveranswers.com.

Article Source: http://EzineArticles.com/?expert=Earl_Thomas_Jr
http://EzineArticles.com/?Drunk-Driving-DUI-First-Offense&id=3294470