When a driver who is licensed to drive in the state of Illinois is arrested for drunk driving, the police officer confiscates his driver’s license. Along with having to deal with the criminal charge of drunk driving, the defendant also has to decide if he wants to challenge the imminent suspension of his license.

What is a Notice of Summary Suspension?

The police officer prepares the drunk driving arrest report and gives the driver a document called a Notice of Summary Suspension. The Notice of Summary Suspension report informs the driver that in 46 days, their license will be suspended by the Illinois Secretary of State.

The length of the license suspension ranges from 3 months to 3 years. The reverse side of the notice also explains that it is also a ‘Receipt to Drive.’ In other words, the driver can use the paper as a temporary permit for the 45 days between their drunk driving arrest and their license suspension.

Can I challenge the suspension of my license?

A statutory summary suspension is an administrative action taken by the Illinois Secretary of State. Therefore, it is separate from the criminal charges which may result from a drunk driving charge. If the driver wishes to fight the suspension, they must do so with the Court Clerk. A ‘Petition to Rescind Statutory Summary Suspension’ must be filed with the Clerk of the Circuit Court that has jurisdiction in the Illinois drunk driving case.

It is a good idea to file the Petition as soon as you can. The State must provide a trial within 30 days of the date that the Petition was filed or lose the petition. This violation of the time frame is seen to be a breach of the defendant’s Due Process.

While a defendant who is unable to afford a drunk driving attorney will be appointed a Public Defender to represent them in criminal court, Illinois law does not allow a Public Defender to take part in the administrative license suspension hearing.

Can I get a temporary permit to drive if my license is suspended?

Before 2009, an Illinois driver who has had his license suspended for drunk driving could ask the court for a Judicial Driving Permit. This permit, since January 2009, has been replaced by a ’monitoring device driving permit’ or MDDP.

The driver must wait the first 30 days of his suspension before he is eligible for a MDDP. This permit requires the driver to install an ignition interlock device. Drivers who wish to drive must periodically blow into the device (which measures breath alcohol) before the car will start. Instead of being able to drive only to work or school (which is generally allowed with a limited or hardship license), the MDDP allows the driver to carry on a normal routine as long as they follow the law.

How do I get an MDDP?

When you attend your hearing and the judge finds that your summary suspension is upheld, the judge will then ask you if you want an MDDP (if this is your first DUI in 5 years). If you say ’yes’, the Illinois Secretary of State will send you the required information including how much one costs. Once you pay the necessary fee, they will send you the MDDP and you have 14 days to install it.

If you are charged with a DUI in the state of Illinois, your best course of action is to talk with an experienced DUI attorney who can help you not only with your criminal drunk driving charge, but also with your administrative license suspension hearing. It is in your best interest to have someone at your side who knows all of the laws and can fight for you.

Related articles

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• Drunk driving and a license suspension in Missouri (duiattorneyhome.com)
• Drunk driving – How long does the prosecutor have to charge me? (duiattorneyhome.com)

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Can I appeal my drunk driving conviction?

You have just been found guilty of drunk driving and given your drunk driving sentence. This is upsetting news that could alter your life for some time. What options do you have if you and your drunk driving attorney believe that your DUI conviction was obtained through error? You can file an appeal. By filing this appeal, you ask a higher court to examine your drunk driving case and the processes surrounding it. They are looking for any errors that were made that contributed to an erroneous drunk driving conviction or unfair sentencing.

When should I appeal a Drunk Driving Conviction?

Different states have different timelines. Many states give you only 7-10 days after your drunk driving conviction to notify the court of your intention to appeal. Although the appeal must be filed in short order, the actual appeals process takes several months from start to finish. It is imperative that you speak with your DUI attorney shortly after your drunk driving conviction and decide if an appeal is appropriate.

What is involved in the drunk driving appeals process?

You must argue that due to legal error (s), the jury’s decision was affected in a negative way. The same could also be said if a legal mistake influenced the drunk driving sentencing. Your DUI attorney should state in the appeal if he believes your case should be dismissed, or if you deserve a new trial, or a re-sentencing.

It is important to note that the higher court will not consider any new DUI evidence. They will only examine the lower court’s drunk driving case and legal procedures used against you. They will study the court’s transcripts and examine any items that were admitted into evidence.

When you challenge the drunk driving conviction, your DUI attorney will file a brief with the court. The Prosecutor will file his own brief with the court saying why the state stands behind the drunk driving conviction and sentencing. In most states, you will have the opportunity to file a second brief with the court countering the Prosecutor’s brief against you. In some cases, the court may call both sides in to hear oral arguments before they reach their verdict.

What can I do during the Drunk Driving appeal process?

You could join an alcohol education program while you are waiting for your appeal to be decided. Not only could you learn something that could help you, but it would leave a good impression on the court. It shows that you are taking hold of your life and working to avoid any mishaps in the future.

Possible defenses to use during your drunk driving appeal

Maybe your original DUI attorney did not represent you properly. Your new attorney can highlight the inadequacies of your former drunk driving lawyer and explain how you were adversely affected.

If you were not told your rights before police conducted your chemical test, then you could use this to challenge your license suspension. In most states, police must explain that you have a right to refuse and then tell you the consequences if you do refuse.

If you have recently been convicted of drunk driving and believe you have a good chance at an appeal, you should contact an experienced DUI attorney in your area immediately to examine your drunk driving case.

Related articles

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• Reinstate Illinois Drivers License after DUI (duiattorneyhome.com)
• Reinstating License after Georgia Drunk Driving conviction (duiattorneyhome.com)

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How do I get my Illinois Drivers License back after DUI?

According to the Illinois Department of Motor Vehicles, the first step to apply for reinstatement of your Illinois drivers license, assuming you are at your eligibility date, is to apply for a consultation with an informal hearing officer. The officer will review the driver’s record and explain all of the documents for reinstatement of your Illinois drivers license. If you have been arrested for drunk driving in Illinois contact a drunk driving lawyer who can review Illinois drunk driving laws.

Steps to Reinstate your Illinois Drivers License

After the consultation, the driver, if they are arrested for a drug or alcohol related offense, must complete the following requirements to reinstate their Illinois drivers license:

1. Complete an alcohol/drug evaluation by a Division of Alcoholism and Substance Abuse (DASA)-licensed provider within six months prior to the hearing date. The intensity and requirements of this treatment plan are categorized and vary depending on whether the driver is classified as minimal risk, moderate or significant risk or high risk.
2. Complete an informal or formal hearing. Information hearings are held for drivers who have committed one single drunk driving offense or whose offense did not involve a fatality. Drivers who have multiple drunk driving offenses or who an offense involving a fatality will have a formal hearing.

Restricted Driving Permit after Drunk Driving Conviction

After an informal hearing it may be possible to have a drivers license restored for partial driving privileges. This is called a restricted driving permit or RDP. An RDP allows a driver to drive at certain times for employment, medical care, daycare, or educational purposes.

To qualify for a RDP the driver must submit evidence of employment, class scheduled and educational verification, daycare verification or evidence they are attending support or recovery groups. Not all drunk drivers convicted of DUI qualify for a restricted driving permit.

Prior to approving a restricted driving permit the driver must:

• Show proof or financial responsibility
• Pay an $8.00 fee
• Take driver’s examination if required.

Reinstatement of Illinois license after Drunk Driving Conviction

A full restoration of driving privileges after a drunk driving charge allows the driver to driver anywhere at any time without driving restrictions. Reinstatement is not done if a driver does not have a valid Illinois license or if their license has been suspended or revoked in another state.

Prior to reinstatement the driver must do the following:

• Pay the reinstatement fee.
• Provide proof of financial responsibility
• Evidence of installation of a breath alcohol ignition interlock device (BAIID) if required.

What is an Administrative License Suspension?

Drivers may lose their driving privileges following a DUI arrest if their blood alcohol content is 0.08% or higher or they refuse to take the blood alcohol test. Administrative license suspensions become effective on the 46^th day from the date of the DUI arrest and are separate from charges and conviction penalties which may later result from a drunk driving conviction.

If your Illinois license has been suspended you may apply for a restricted driving permit after 30 days of suspension but this relief is only available to first-time drunk driving offenders and drivers may be required to install an ignition interlock device.

Related articles

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• Drunk driving and a license suspension in Missouri (duiattorneyhome.com)

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The acronym DUI stands for “driving under the influence” of alcohol or drugs, but the actual definition can vary from state to state. Did you know that “driving” in some states may actually include sitting in a parked car in a parking lot or driveway? Some drivers have been arrested in a parking lot, sleeping in the driver’s seat of their car.

So what does the state mean when they say “legally impaired” and do you have to consume alcohol to be considered impaired? No, you can be legally impaired, according to state laws, if you have taken any substance, including prescribed medication, which has limited your ability to safely operate your motorized vehicle. So when exactly can you be found guilty of DUI or driving under the influence?

When are you DUI?

1. You have consumed enough alcohol to register a blood alcohol concentration level (BAC) of 0.08% or higher using a blood, urine or breathing test.
2. You have been driving and the police determine that your driving ability has been impaired by either drugs or alcohol. Your BAC does not have to be at or above the illegal limit if the officer has evidence that your ability to see, hear, walk, talk or drive is not at a normal level and is unsafe for operating your motorized vehicle.

Keep in mind, in some states the police have the legal authority to force you to take a blood test to determine if you have been using drugs or drinking. Even if you have taken a legally prescribed dose of medication, you can be convicted if you are found to be impaired.

Field Sobriety Tests and DUI

One of the most common methods law enforcement officers use to test a driver’s impairment is the standardized field sobriety test (FST). The FST generally includes the following:

• One-leg stand – the driver must stand on one leg for approximately 30 seconds without losing their balance, falling or placing their foot back on the ground.
• Heel-to-toe test – the driver must walk a certain number of paces along either a real or imaginary line, counting a loud, turn and return along the same line. The person must complete the test without losing their balance, falling, or stopping.
• Horizontal Gaze Nystagmus Test – the HGN test measures the involuntary jerking in a driver’s eye as they track an object from side to side. A law enforcement officer generally uses a flashlight or small pen, guiding it approximately 12 inches from the driver’s face, to track the movement of the driver’s eyes. The early onset of nystagmus, or jerking of the eyeball, may be an indication that the driver has been drinking. There are, however, many reasons why a driver may have an unusual nystagmus that do not have anything to do with alcohol consumption.

Should you take the field sobriety test? It may be hard to know at the time unless you are familiar with your state’s laws. In some states you can refuse to take the field sobriety test without suffering any penalties. In other states a refusal of the FST test could be used against you in court. Keep in mind, if a police officer has additional evidence that you are DUI they can arrest you even if you refuse to take the field sobriety test.

DUI Penalties

DUI penalties and fines have dramatically increased over the last 10 years as groups such as MADD (Mothers Against Drunk Driving) and state legislatures have worked together to stop drunken driving.

DUI penalties also vary by state and it is important to talk to a DUI lawyer immediately following a DUI arrest to find out the DUI penalties you may face. Common DUI penalties include loss of a driver’s license for a specified amount of time, a fine, possible jail time, probation, community service, driver rehabilitation school, and substance abuse counseling.

If you have killed or injured another person or if this is your second, third or fourth DUI, the penalties you face will be even more severe.

The fact of the matter is that driving in every state is not a right; it is a privilege. The state institutes very specific laws and statutes which regulate legal driving actions and if you fail to follow these laws, the state has the right to revoke your license. The courts and police have wide discretion to enforce state driving laws.

Hiring a DUI Lawyer

If you are interest in contacting a lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.

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There is a huge misconception among people who have been arrested for a DUI that hiring a lawyer is too expensive and too much of a hassle. That is just not the case. Heading to court and pleading guilty to your DUI can cost you more than you think. The truth is hiring a DUI lawyer to fight your case may cost less money than the heavy fines and other expenses you will pay if you plead guilty. Here are some ways a DUI guilty plea can empty your wallet.

Transportation.  You need to get to work, right?  What if there is no bus, what if your friend or co-worker can’t take you?  Even if you only take a cab 2 days per week just to work and back, it could cost you more than $700 in cab fare.  (Assuming that you live 10 miles from work and your suspension is for six month.)  That’s more than two car payments, which you’ll still be making even while you’re not driving.

Insurance Rates. After a DUI arrest, if your car insurance doesn’t drop you, your monthly rate will raise at an average of 30%. Most DUI offenders will have to pay increased ratesfor three years, plus the fee with filing an SR-22. On average, you are most likely to pay an extra $500 per year for the next three years if you plead guilty to a DUI.  That’s an additional $1500 than what you’re already paying for insurance.  Unbelievable!

Ignition Interlocks. Ignition interlocks are becoming increasingly more popular as a penalty for those convicted of DUI. If you are required to install an IID, you need to pay for it. On average it costs about $60 to install an interlock, plus a monthly fee of about $60. If you are required to install an interlock for a year (which is a typical requirement), you will need to fork over at least $780.

Court Costs and Fees. It is important not forget those heavy fines you will need to pay if you get convicted of a DUI. Although it varies from state to state, you could pay up to $1200 in court fees if you get convicted.  Also, remember that depending on the severity of your DUI, these costs can go up exponentially.

Alcohol Education Classes. Alcohol education classes are a major requirement for anyone convicted of a DUI. Again, you’re responsible for paying the class fees. Although each state has different types of education requirements, it could cost you up to $2,000.

License Reinstatement. Even after you fulfilled your punishment and think this whole process is over, you’ll be slapped with another fine just to get your license back. This can cost you around $250.

Altogether, you’re looking at some major financial commitments.  Don’t forget that these are just averages.  In some states, these costs are nearly double!  Also, these fines are only the average minimum.  If you have any other extenuating factors with your DUI conviction, you will likely see these numbers multiply.

Hire a DUI attorney.  It’s worth the investment, and it’s cheaper than a guilty plea!  Get someone you feel comfortable with and has knowledge of the local DUI laws.  Ask questions and do your homework.  Hire a DUI attorney who can represent you and help you fight for your rights, your freedom and the privilege to keep your hard-earned money!!

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Texas drivers who are stopped for driving under the influence of alcohol or DUI may be asked by a police officer to submit to a field sobriety test. Field sobriety tests have been standardized by the National Highway Traffic Safety Administration (NHTSA) and currently consist of the walk-and-turn test, the one-leg stand test and the Horizontal Gaze Nystagmus test.

The walk-and-turn test is a divided attention test which is used to determine if a Texas driver can simultaneously follow instructions and complete the test. First the police officer will ask the driver to stand heel to toe with their hands at their sides. The driver must wait to start the test until the officer completes the instructions and ask them to begin. To complete the test the driver must walk nine steps forward, heel-to-toe, turn and walk back. The driver must count aloud as they walk.

What is the officer observing? The officer is looking to see if the driver can maintain balance, continue walking without stopping, step heel-to-toe, keep their arms to their sides, turn correctly and walk the right number of steps.

Police officers have been trained to evaluate the test using specific criteria established by the NHTSA. The NHSTA claims the test is 68% accurate when administered according to their guidelines.

The component of the field sobriety test is the one-legged stand test. Like the walk-and-turn test, this is a divided attention test which will test the Texas driver’s ability to perform a series of specific actions. The police officer will give instructions, and the driver must wait to begin the test until instructed to start. The police officer will ask the driver to raise their leg six inches from the ground and count aloud while their foot remains elevated.

The police officer is evaluating the driver and determining if they are able to keep their arms at their sides, maintain their balance, and avoid hopping or putting their foot down. According to the NHTSA, this test is 65% accurate when administered according to the guidelines.

The final test is called the Horizontal Gaze Nystagmus test, and it is used to measure the involuntary jerking of a driver’s eye which is increased at certain points if the driver is intoxicated. To perform this test the police officer will ask the driver to track a small object, such as a pen or light, as the officer moves it in front of the driver’s face.

The police officer is observing the ability of the driver to track the object smoothly. Additionally, the police officer is observing if Nystagmus occurs before the eyes reach a 45 degree angle or if the eye jerks as the driver looks to each side. According to the NHTSA, this test is 77% accurate if it administered according to the NHTSA guidelines.

State governments and special interest groups have worked together to standardize and increase penalties for DUI (driving under the influence). Drivers who are arrested for DUI, even first time offenders, may face extreme DUI penalties.

If you have been arrested for DUI you should contact a DWI lawyer as soon as possible. DUI convictions may include high fines, mandatory installation of an ignition interlock device, probation, driver’s license suspension, jail time, and mandatory attendance in an alcohol education program.

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Whether your state calls it a DUI (driving under the influence) or DWI (Driving while intoxicated) it basically means you are operating a motorized vehicle while under the influence or some type of intoxicating substance.

If is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) or 0.08% or higher, but you may be arrested even if your BAC is under this level, if you are unable to safely operated your motorized vehicle.

So what happens if you are arrested for a DUI? Most offenders will be charged a misdemeanor, unless they have injured another driver or they are a repeat DUI offender. DUI penalties have increased in recent years and under certain state laws, you may not even have to be driving to be arrested for DUI. Some states have determined it is illegal to be in “physical control” of the car. In these states, being in physical control of the vehicle while drunk is enough.

This means that you can be arrested for just sitting or sleeping in your car after drinking.

What are the consequences of a DUI arrest and DUI conviction?

Legislatures, often influenced by powerful lobbying groups such as MADD (Mother’s Against Driving), have implemented increasingly severe DUI penalties. Even first time offenders can expect severe penalties. Common DUI penalties can include:

• Loss of driver’s license
• Jail time
• High fines
• Probation
• Mandatory alcohol education classes
• Installation of breathalyzer machines

Steps to Fighting a DUI Arrest

If you have been arrested for DUI, you have the opportunity to challenge your DUI arrest and defend the DUI charges.

• Talk to a DUI lawyer. Even with DUI evidence, a DUI attorney may be able to challenge the collection methods used by the police. Some police fail to follow strict state laws for evidence gathering. Your DUI attorney may be able to suppress DUI evidence that was illegally obtained.

• Schedule your DMV Hearing. If you are arrested for DUI, a police officer has the legal authority to take your driver’s license and issue you a temporary permit to drive. It is up to you to schedule a hearing with the Department of Motor Vehicles to challenge your driver’s license suspension.

Failure to schedule this hearing within the specified timeframe outlined by your state may result in an automatic license suspension for up to one year.

• Attend the arraignment. The arraignment is your first visit to court. It is your opportunity to plead guilty, no contest or not guilty. If you plead guilty, the judge will impose a sentence. DUI defendants who plead not guilty will be scheduled at a later court date to present their DUI case before either a jury or a judge.

• Attend the DUI trial. The DUI trial is the appointed time when the state, generally the arresting officer, presents their evidence of DUI to the court. Prosecution witnesses may include a chemist or another “expert” who can give information about the Field Sobriety Test, the breathalyzer or blood test and how your estimated level of impairment impacted your ability to operate a motorized vehicle. DUI trials also allow the DUI defense lawyer to present their case and potentially prove you were not intoxicated and you should be found not guilty.

• If convicted, attempt to expunge the DUI arrest from your record. Claimants who are arrested, charged and found guilty of DUI may, at some point, be able to expunge their DUI record. If you meet your state’s requirements, you may be able to petition the court to have your DUI record destroyed or sealed.

Expungement laws vary by state and expungement may not be possible under all conditions. Some states allow a DUI expungement if it is your first DUI offense, you keep your record clean, a satisfactory amount of time has passed since the DUI conviction and you have met the terms of your DUI sentence.
Other states, such as Alaska, do not allow an expungement. Others allow it after a specified period of time. In California, for instance, your DUI record can be expunged after 10 years.

If you have been arrested for DUI, contact a DUI lawyer immediately. State DUI laws vary and a DUI attorney can help whether it is your first, second or third DUI.

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Do you think you are a high risk driver? Whether you have been charged with driving under the influence (DUI), speeding or causing a car accident, the penalties can be severe. Fines, incarceration, license suspension, job loss and finally high insurance costs are just some of the results of high risk driving behavior.

Unfortunately, whether you think you are high risk or not, insurance companies will analyze your driving history to determine whether to give you high risk auto insurance or a regular insurance policy.

If you have been labeled a high risk driver, you can expect to pay higher premiums for insurance or you may be denied coverage. You may also find that you have fewer options, insurance companies may not offer you the best deals and if you had low cost insurance your policy may be cancelled or your insurance premiums may dramatically increase.

Finding Car Insurance

1. Check your driving record. Contact the Department of Motor Vehicles for your state and find out exactly what the insurance companies are evaluating. Some traffic violations may be cleared from your driving record. Make sure all of your motor vehicle fines have been paid.

2. If you barely passed the driving exam it may be possible to take driving safety classes to improve your driving skills and potentially lower your insurance rates.

3. Premiums may be higher if you are driving an expensive car. Talk to the insurance company about the type of vehicle you could drive to lower your premiums.

4. Get several quotes from different insurance companies. Information about insurance companies can be found online or in the phone book. Friends may also be a great resource for insurance recommendations.

5. Be clear about the type of insurance coverage you need. Do not hide details about your driving record. Being honest and open may give you the opportunity to explain your driving record.

6. Find a vehicle with safety features. Does your car have automatic seat belts and airbags? Certain safety features may lower your car insurance premiums.

7. Bargain with several insurance companies for the best deal. Some companies may be willing to offer better priced coverage for high-risk drivers.

8. Never sign an insurance policy application without understanding the type of coverage you will receive if you are in a car accident. Drivers often fail to understand their coverage and find out too late that they do not have the type of insurance they need.

Unfortunately, if you a high risk driver you will not be able to get the cheapest insurance policy. If you have been charged with DUI (driving under the influence), DWI (driving while intoxicated), reckless driving, or multiple traffic violations, you will pay more for coverage but with smart decisions and a few simple steps you may be able to save yourself some money.

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By the 1970s, the National Highway Traffic Safety Administration (NHTSA) had developed the Standardized Field Sobriety Test (SFST) in cooperation with the Southern California Research Institute. The NHTSA claims that this series of tests, if they are performed correctly, are valid indicators for a driver’s intoxication or impairment and can help police officers establish probable cause for a DUI arrest.

Washington, D.C. drivers, who have failed a field sobriety test, can contact a Washington, D.C. DUI lawyer for information. Washington, D.C. field sobriety tests can include: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand test. Washington, D.C. police officers can use the results of these tests as evidence that the driver is driving under the influence of drugs or alcohol (DUI).

Driving under the influence of alcohol or drugs is illegal in Washington, D.C., and drivers can be arrested if their blood alcohol level is 0.08% or higher or if their driving is impaired by consuming any type of drug or alcoholic beverage. The field sobriety test is a valuable tool for field officers and although the evidence for the field sobriety test is not always used during a DUI trial, it can be used to establish probable cause for a DUI arrest.

Field sobriety tests are conducted by field officers who may fail to give adequate instructions or who may not take into consideration the limitations of certain drivers who perform the test. Washington D.C. drivers who are more than 50 pounds overweight, who have physical limitations, who are fatigued or who are over the age of 65 may have difficulty performing the field sobriety test accurately, even if they are sober. A Washington, D.C. lawyer can review a driver’s field sobriety test and determine if there are any factors, other than intoxication, which may have caused a driver to fail

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Washington, D.C. police officer will ask the driver to follow the path of either a small flashlight or pen as the officer moves it horizontally across the driver’s face. The horizontal gaze nystagmus (HGN) test can gage the involuntary jerking of the driver’s eye as it follows the object. Scientific studies have concluded that drivers that are impaired by alcohol or drugs will have a nystagmus which is exaggerated and will have trouble smoothly tracking a moving object. During the test, the Washington, D.C. officer observes the driver’s eyes as they follow the object watching for clues which suggest intoxication. Can the driver follow the object smoothly? Does the onset of nystgmus occur before the eye reaches 45 degrees? If the officer observes these clues he may conclude the driver is intoxicated.

Walk and Turn

For the walk and turn test the driver is instructed to walk 9 steps forward down an imaginary or real line, heel to toe. The driver than should turn and walk back 9 steps. The officer is observing if the Washington, D.C. driver can keep their balance, wait to start the test until after the instructions are given, walk heel to toe, stay on the line, keep their arms to their sides and not fall.

One Leg Stand

For the one leg stand test the driver is instructed to stand on one leg, hands to their side with the other foot suspended 6 inches from the ground. The officer or driver may count aloud for 30 seconds. If the driver puts their leg down, uses their arms for balance, falls, hops or sways it can be evidence of intoxication.

Hiring a Washington, D.C. Lawyer

DUI convictions carry severe, long-lasting penalties including loss of license, higher fines, and potential jail terms. Drivers who fail a field sobriety test in Washington, D.C., can get help from a Washington, D.C. attorney who specializes in criminal law. DUI lawyers in Washington, D.C., understand the complexities of DUI laws and can help Washington, D.C. drivers fight their DUI charges. No DUI lawyer can guarantee that they can get a DUI charge dismissed, but a knowledgeable and competent DUI lawyer is a driver’s best chance for a great DUI defense.

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It is illegal for drivers in Long Beach and all surrounding cities including: Santa Ana, Los Angeles, Santa Monica, Riverside and Pasadena to drive under the influence (DUI) of drugs or alcohol if they do not have the ability to drive safely or if the driver’s BAC is 0.08% or higher. Long Beach police officers have a variety of tools to identify Long Beach drivers who may be intoxicated including field sobriety tests, observation and chemical testing. Common driving actions which can lead a police officer to believe a driver is intoxicated include:

• Making wide turns
• Illegal turns
• Speeding
• Driving too slowly
• Stopping and starting unnecessarily
• Driving on the wrong side of the road
• Driving with out lights on at night

Long Beach drivers arrested in Long Beach, California, can contact a Long Beach DUI attorney to discuss their DUI case. Long Beach DUI lawyers understand California DUI laws and can take immediate action to review the DUI evidence and develop a DUI defense. Long Beach drivers may receive DUI penalties including: jail time, fines and penalties and license revocation. DUI convictions can also stay on the Long Beach driver’s records for a minimum of 7 years.

If you have been charged with DUI and your license was suspended because you refused to take a chemical test, you have 10 days from the date of your DUI arrest to request an Administrative Hearing and challenge the license suspension. Do not wait to talk to someone; call a DUI lawyer today.

Long Beach DUI penalties

The DUI penalty information provided below is general information and may change as the California legislature updates their DUI laws. Talk to a Long Beach DUI attorney for specific information regarding your DUI case.

First DUI Conviction in Long Beach

·         Long Beach drivers may be sentenced to jail for a minimum of 48 hours.

·         Long Beach drivers must pay fines of $1,400 to $1,800.

·         Drivers may face a 10 month license suspension. Under certain conditions the court may allow a hardship license.

·         Long Beach drivers must complete a 3 to 6 month drug and alcohol rehabilitation program.

Second DUI Conviction in Long Beach

·         Long Beach drivers are required to spend a minimum of 96 hours in jail.

·         Long Beach drivers must pay fines of $1,800 to $2,800.

·         Drivers must serve 3 to 5 years in probation and their Long Beach license may be suspended for a minimum of 18 months. The courts may allow a restricted license.

·         Long Beach drivers must complete a drug and alcohol education program.

Third DUI Conviction in Long Beach

·         Long Beach drivers must spend 120 days in jail.

·         Long Beach drivers must pay fines of $1,800 to $2,800.

·         The courts may suspend a driver’s license for 18 months up to 3 years.

·         Long Beach drivers must also install an Ignition Interlock Device in their vehicle.

Hiring a Long Beach DUI Lawyer

DUI laws are outlined in California DUI statutes and can be very complex. Maybe you are confused about the types of DUI penalties you may receive or what factors the DUI courts will consider before sentencing you. There are several factors which can influence your DUI penalties including:

• Have you had a prior DUI conviction in the last 10 years?
• Did you have a child in the car who was under the age of 14?
• Were you travelling more than 20 mph over the speed limit?
• Did you submit to a chemical test?
• Was your BAC over 0.15%?

Other factors can also affect the outcome of your DUI case including the judge and the prosecuting attorney. Finding a good, hard working DUI lawyer to defend you is very important. Do not let an aggressive prosecuting attorney pressure you into accepting a plea with out discussing your DUI case with an attorney in Long Beach. Unfortunately, there are hundreds of DUI cases prosecuted in Long Beach courts each year, and it is easy to become simply a number in an over-crowded legal system. Talk to a DUI lawyer in Long Beach to get the DUI help you need.

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