California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.

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Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the driver’s first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions.

DWI in the state of New Mexico includes:

1. Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
2. The driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
3. The driver is under the age of 21, and their BAC is 0.02% or higher

Aggravated DWI can occur if a New Mexico driver has a BAC of 0.16% or higher, the driver causes personal injury to another person while they are intoxicated or they refuse to take a chemical test.

Penalties for DWI in New Mexico

First offense

(Misdemeanor)

• Could be required to spend up to 90 days in jail
• Mandatory attendance of an alcohol education class and an alcohol evaluation class
• License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
• Mandatory Ignition Interlock Device for one year
• Community Service

Second Offense

(Misdemeanor)

• Required 2 year license revocation
• 96 hours mandatory jail sentence and up to 364 days in jail
• Required to pay a fine of $500 and up to a maximum of $1,000
• Alcohol evaluation and class
• Required community service
• Required installation of Ignition Interlock Device

Third Offense

(Misdemeanor)

• Mandatory 3 year license revocation
• Up to 5 years probation
• Minimum $750 fines and penalties with a maximum of $1,000
• Required community service
• Mandatory attendance in an alcohol treatment program
• Mandatory installation of an Ignition Interlock Device for 3 years

Fourth Offense

(Felony in the 4^th Degree)

• Permanent license revocation with a 5 year court review
• Mandatory alcohol treatment and evaluation class
• Lifetime Ignition Interlock Device with a 5 year court review
• Maximum $5,000 fine
• Maximum 18 months in prison with 6 months mandatory jail time

Refusing to take a breath or blood test

New Mexico drivers who refuse to submit to a blood test will automatically lose their driver’s license for 20 days after their DWI arrest. This revocation can be challenged by filing a written request for a DWI hearing with in ten days from the date of the DWI arrest. The arresting officer will generally give the driver notice of revocation at the time they are arrested. If not, the Department of Motor Vehicles will send the notice via registered mail.

Failure to make a written request for a DWI administrative hearing will lead to the revocation of the driver’s New Mexico driver’s license. A request for a hearing must be received by the motor vehicle department with in 10 days from the date of the DWI arrest. A DWI attorney can help complete this form and review all of the DWI arrest information.

Common Questions about DWI arrests in New Mexico

• Do I need to hire a New Mexico criminal defense lawyer?

New Mexico drivers do not have to hire a New Mexico DWI lawyer, but New Mexico’s DWI laws are some of the toughest in the country. Failure to file the proper DWI forms can lead to a license suspension. DWI offenses are not like other traffic violations. Serious consequences for a DWI arrest can include: jail time, fines and penalties, alcohol treatment classes and license suspensions.

• What happens if my first DWI was an aggravated DWI?

Drivers who are arrested with a blood alcohol level of 0.16% or higher, who have caused injury to another driver or who have refused to submit to a BAC test can be charged with an aggravated DWI. The type of penalties assessed against the driver will depend on many different factors, but at the minimum, the driver will be required to spend at least 48 hours in jail. A criminal defense lawyer can review your case and tell you the specific penalties you may face.

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Illinois drivers, who have consumed too much alcohol, can be stopped for DUI or driving under the influence of alcohol. Illinois police officers can use field sobriety tests to provide additional DUI evidence and to establish probable cause for an Illinois DUI arrest. Field sobriety tests are most effective at identifying drivers who have a blood alcohol concentration or BAC of 0.08% or greater- which is the illegal limit for every state.

Law enforcement officers have used field sobriety tests for many years. Field sobriety testing which was standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), are not always 100% accurate and can depend on the subjective analysis of Illinois police officers.

Illinois drivers, who have failed a field sobriety test, can contact an Illinois DUI lawyer for information about their Illinois DUI arrest. Contacting an Illinois attorney can allow a driver to challenge the reliability of the test. Certain conditions may make it difficult for drivers to pass a field sobriety test including:

• The physical limitations of the Illinois driver
• If the driver is more than 50 pounds over weight
• If the driver is over the age of 65
• Inadequate lighting for the test
• Poor weather conditions
• Inadequate testing instructions given prior to the Illinois test

Hiring an Illinois DUI Lawyer

Illinois DUI lawyers can help with every step of the DUI process including: evaluating the DUI arrest, determining if the police officer had probable cause for the DUI arrest and developing a DUI defense. A DUI conviction can have severe penalties for Illinois drivers including:

• Paying high fines and fees
• Attending a mandatory drug and alcohol education program
• Requiring drivers to install an Ignition Interlock Device in their vehicle
• Loss of driving privileges in Illinois
• Performing mandatory community service

Horizontal Gaze Nystagmus

Illinois police officers can use the HGN or the horizontal gaze nystagmus test to measure the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the Illinois driver’s eyeballs”. While this condition is common for all drivers, it is pronounced for drivers who are intoxicated.

For the HGN test, an Illinois officer will have a driver track a small light or pen with their eyes while holding their head steady. Drivers who are not intoxicated can track the light with a controlled movement. Intoxicated drivers, however, will have an exaggerated jerking eye motion as they track the object. Police officers are supposed to grade a driver’s intoxication level using the NHTSA testing standards:

• Is the Illinois driver able to follow an object consistently and smoothly with their eyes?
• Is the driver’s Nystagmus distinct when the eye is at maximum deviation?
• Is the angle of the onset of nystagmus prior to 45 degrees?

There are certain inhalants, barbiturates and medications which can also be detected with the HGN test. Fatigue, severe head injury, congenital eye defects and neurological conditions can also cause a driver to fail an HGN test.

Walk the Line Test

The walk the line test allows the Illinois police officer to determine if drivers are able to perform cognitive and physical tasks simultaneously. For the walk the line test the officer will ask drivers to stand on a real or an imaginary line, face forward, with their arms to their sides. The driver is than asked to walk 9 steps down the line, turn and return. Illinois police officers should use the NHTSA criteria to evaluate a driver’s intoxication level:

• · Drivers are not able to balance on a line.
• Drivers start the test prior to the completion of the instructions.
• The driver loses balance prior to beginning of the test.
• Drivers take the wrong number of steps.
• The driver does not walk heel to toe.
• The driver does not turn properly.
• The driver stops midway through the test.
• The driver has to use their arms to maintain balance.

The test should be performed on a solid, hard, dry surface. Instructions should be given prior to the test. Some drivers with physical limitations may have difficulty performing this test.

One Leg Stand Test

Illinois officers can also test the intoxication of drivers and whether or not they are DUI in Illinois with the one leg stand test. Prior to the one leg stand test the driver should be given directions and a demonstration of the proper testing technique. Illinois drivers are asked to stand straight, arms to their sides, facing forward. The driver should be able to raise one of their feet approximately 6 inches off the ground for 30 seconds. Illinois police officers should evaluate the driver on the four NHTSA testing criteria:

• Is a driver able to maintain their balance with out swaying back and forth?
• Does the driver have to bounce to keep from falling?
• Does the driver lower their foot before the test is completed?
• Does the driver raise their arms to stay balanced?

Did You Fail A Field Sobriety Test?

Drivers can be arrested for DUI if they are under the influence of alcohol and are unable to safely operate a motorized vehicle or if the driver’s BAC is over the legal limit. DUI attorneys in Illinois can evaluate an Illinois DUI arrest and make sure all of the proper DUI testing procedures were followed and the Illinois police officer had probable cause for a DUI arrest. Drivers may be able to legally refuse am Illinois field sobriety test, but it may not stop officer from arresting the driver for DUI.

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San Francisco drivers who have been arrested for a DUI in California should contact a San Francisco DUI lawyer. It is unlawful for drivers to operate a motor vehicle if they are under the influence of drugs or alcohol or if their BAC or blood alcohol concentration is 0.08% or higher. A San Francisco DUI attorney can review the driver’s DUI case and take immediate action to either help get the DUI charges dismissed or lowered.

San Francisco drivers who are convicted of DUI may face penalties including:

• Jail time

• Large penalties and fines

• Suspended or revoked driver’s license

• Increased San Francisco car insurance premiums

• Installation of an Ignition Interlock Device

• Probation

Waiting to contact a DUI attorney in San Francisco is a mistake. Many San Francisco drivers assume it is best to plead guilty or no contest especially if it is their first DUI arrest, and under certain circumstances this may be the best choice, but it is always a good idea to consult with a DUI criminal defense attorney to make sure the driver understands DUI laws and how a DUI conviction can affect their life. Most San Francisco lawyers offer a free consultation to discuss a DUI arrest. DUI convictions in the state of California can be a part of a driver’s driving record for at least 7 years. Talk to a DUI lawyer today for more information about your DUI arrest.

San Francisco DUI penalties

San Francisco drivers can be arrested for DUI if the courts find they were “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances” or if their BAC was 0.08 or higher. If a San Francisco driver is arrested, the penalties for DUI are as follows:

First DUI Conviction in San Francisco

• Required to serve a jail term for at least 48 hours

• Required to pay fines from $1,400 to $1,800- DUI fines must be either financed or paid with in 45 days. The court may allow the driver to perform community service instead of jail time.

• Mandatory drug or alcohol program for 3 to 6 months

• License suspension for at least 10 months, a restricted license may be allowed to attend school or go to work

• Required probation of 3 to 5 years

Second DUI Conviction in San Francisco

• Required jail term for a least of 96 hours

• Mandatory attendance in a program for drug or alcohol abuse

• Required to serve probation for 3 to 5 years

• Required to pay $1800 – $2800 in fines and penalties

• Required 18 month driver’s license suspension, the court may allow drivers to apply for a restricted license but not before the license is suspended for at least 12 months

Third DUI Conviction in San Francisco

• Mandatory probation for 3 to 5 years

• Required jail term for at least 120 days

• Required to pay penalties of $1800-2800 in fines and penalties

• Mandatory driver’s license suspension for 18 months up to 3 years

• The court also may require a driver to install an Ignition Interlock Device

A DUI arrest in San Francisco is not like other moving traffic violations. Penalties can be very severe. If a driver has multiple DUI arrests or if they have severely injured or killed another person, they could be charged with a felony DUI and spend years in prison. California DUI attorneys can help. Find a DUI lawyer who is knowledgeable about San Francisco DUI laws and can help review your DUI arrest and either negotiate a reduced sentence or get the DUI charges dismissed. Obviously, no DUI lawyer can guarantee a dismissal, but a San Francisco lawyer can give you a strong voice in a busy, over-crowded DUI court system.

Find a San Francisco criminal defense attorney who has experience handling San Francisco DUI cases. If you have been charged with DUI in San Francisco you need a focused lawyer who specializes in DUI charges. A San Francisco DUI lawyer can be a strong advocate for you through out the DUI legal process.

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California DUI lawyers can help all California drivers who have been arrested for DUI. California laws make it illegal for any driver to drive “under the influence” or DUI of any alcoholic beverage or drug. California DUI laws consider drivers DUI if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. California field sobriety tests provide officers with the tools to identify drivers who are DUI and are best used to determine if a driver is driving with a BAC of 0.08% or higher- which is illegal in every state.

Drivers who are arrested for a California DUI should contact a DUI attorney in California. Failing to get adequate DUI help can result in stiff California DUI penalties including:

• High fines
• Jail time
• Installation of an Ignition Interlock Device
• Mandatory drug and alcohol counseling
• High insurance cost
• Driver’s license revocation or suspension

Field Sobriety Testing Process in California

Standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute, field sobriety tests have become a valuable tool for law enforcement officers through out the United States. Although not 100% accurate, field sobriety tests do provide additional evidence of DUI and can help a California police officer establish probable cause for a DUI arrest. Field sobriety testing accuracy is increased if the officer:

• Uses the proper field sobriety testing procedures outlined by the NHTSA
• Evaluates the field sobriety testing results correctly with the NHTSA testing criteria

Horizontal Gaze Nystagmus

California police officers can use the HGN or the horizontal gaze nystagmus to test a driver’s nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Nystagmus is common in all drivers but intoxicated driver’s nystagmus is more exaggerated. For the HGN test the officer is evaluating the following NHTSA criteria:

• The California driver’s ability to follow an object smoothly
• If the Nystagmus is distinct when the eye is at maximum deviation
• If the angle of onset of nystagmus is prior to 45 degrees

For the HGN test, the California officer will ask the driver to follow an object, most often a small flashlight or pen, as the officer moves it slowly in front of the driver’s face from left to right. Sober drivers should be able to trace the outline of the object with their eyes (holding their head steady) with a smooth, coordinated motion.

Certain medications, inhalants or barbiturates can interfere with the tests. Additionally, drivers who have a congenital eye defect, neurological condition, extreme fatigue or severe head trauma may also not be able to successfully finish the HGN test. The NHTSA has determined through their research that this test is 88% accurate if sufficient clues are identified.

Walk the Line Test

The walk the line test is the second component of the California field sobriety test, and it is used to determine a driver’s cognitive and physical capabilities while performing a series of simple tasks. Drivers are first asked if they have any back, head or neck injuries which would make it difficult to complete this test. Drivers are than asked to stand straight with their head forward and their arms to their sides. California drivers must take 9 steps down a real or imaginary line, turn and walk back. All of the steps should be made heel to toe, and the driver should keep their arms to their sides. The NHTSA has outlined the following criteria to evaluate a driver’s performance:

• · Did the driver step off the line?
• · Did the driver wait to start the test until the California officer completed the instructions for the test?
• · Did the driver maintain their balance as the instructions were read or did they fall, hop or sway?
• · Did the driver walk the correct number of steps?
• · Did the driver walk heel to toe?
• · Did the driver turn properly?
• · Did the driver stop before the test was completed?
• · Did the driver use their arms for balance?

The walk the line test should be performed on a flat, dry surface. The California driver should be allowed to remove any foot wear which could hurt the testing results. The NHTSA has determined that 79% of drivers who fail two or more testing criteria will have a BAC of 0.08% or higher.

One Leg Stand Test

California drivers may also be asked to perform the one leg stand test, which like the walk the line test, is a test of the driver’s ability to complete simple mental and physical tasks. For the one leg stand test, the California driver is asked to stand straight, head forward and arms to their sides. The driver must raise one of their feet 6 inches off the ground for approximately 30 seconds. The California police officer will evaluate the driver on the following NHTSA criteria:

• · Did the driver stay balanced with out swaying back and forth?
• · Did the driver have to jump or hop to stay balanced?
• · Did the driver have to put their foot down before the test was completed?
• · Did the driver have to use their arms to maintain their balance?

In Conclusion

California field sobriety tests are a valuable tool for law enforcement officers to establish probable cause for a DUI in arrest in California. They are not perfect, and officers can make mistakes and misinterpret the DUI testing results. California drivers who have failed a California field sobriety test need DUI help from a California DUI lawyer. Failing a field sobriety test, refusing to take a field sobriety test or being arrested for DUI in California can have severe penalties. Contact a DUI California lawyer for more information about your DUI arrest.

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Drivers in Arlington and through out the Dallas/Fort Worth Metroplex may be arrested for driving while intoxicated or DWI if they have consumed any amount of alcohol or drugs and they are not able to operate a motorized vehicle with normal use of their mental or physical capabilities. Drivers may also be arrested for DWI if their BAC or blood alcohol concentration is 0.08% or higher. Arlington drivers who are under the age of 21 can also be arrested for driving while intoxicated (DWI) if their BAC is 0.02% or higher.

Drivers in the Dallas area including: Arlington, Plano, Frisco, Fort Worth, Bedford and Carrollton drivers can all face severe DWI penalties if they are convicted of DWI. DWI penalties in Texas can include high fines, jail time and probation. Hiring an Arlington DWI lawyer is the best way to avoid stiff fines and DUI penalties and potentially move on with your life. No Arlington DWI lawyer can guarantee they can get DWI charges reduced or dismissed, but they can dedicate themselves to developing a strong DWI defense for you.

Call an Arlington DWI attorney for information about current Texas DWI laws. Texas DWI laws can be complicated and unless you have complete understanding of the DWI penalties you are going to receive if you are convicted of DWI in Texas, it is a good idea to talk to a DWI lawyer in Arlington before deciding whether or not to plead guilty to DWI.

DWI Penalties for Arlington Drivers

DWI laws vary from state to state. Many states use a wide variety of terms to describe DWI including DUI (driving under the influence), OWI (operating while impaired) or DWI (driving while impaired). Regardless of the name, the penalties for drunken driving are severe in every state and are periodically updated by the state legislature. Arlington drivers should talk to their own DWI lawyer about the DWI penalties they can receive if they are convicted of DWI in Texas.

First DWI Conviction in Arlington

Class B Misdemeanor

• Arlington drivers are required to pay a DWI fine up to $2,000.
• Arlington drivers must perform a minimum of 24 hours and up to a maximum of 100 hours of community service.

Second DWI Conviction Arlington

• Arlington drivers can be ordered to install an Ignition Interlock Device in their vehicle.
• Arlington drivers must pay a DWI fine up to $4,000.
• Arlington drivers can be sentenced to a minimum of 72 hours and up to a maximum of 1 year in jail.
• The court may require drivers to perform a minimum of 80 hours and up to a maximum of 200 hours of community service.
• The courts may suspend a driver’s license for at least 80 days but for no less than 2 years.

Third DWI Conviction in Arlington

Third Degree Felony

• Arlington drivers can be required to pay DWI fines up to $10,000.
• Arlington drivers may be required to spend a minimum of 2 years in prison and up to a maximum of 10 years in prison.
• Drivers must install an Ignition Interlock Device in their vehicle as a condition of their release or bond.
• The court will require drivers to perform a minimum of 160 hours and up to a maximum of 600 hours of community service.
• The court will suspend an Arlington driver’s license for a minimum of 180 days up to a maximum of 2 years.
• The court may also require drivers to complete an alcohol or drug treatment program.

Hiring an Arlington DWI Lawyer

Under Texas Implied Consent Laws, Arlington drivers have given their implied consent to submit to a chemical test of their breath, blood or urine. Refusing to submit to a chemical test can allow the state to suspend a driver’s license. Arlington drivers have 15 days from the date of their DWI arrest to challenge their license suspension. If you have had your license suspended, a DWI lawyer in Arlington can schedule the hearing and represent you at the hearing. In some cases the court will reverse the suspension or allow an Occupational Driver’s License to be issued to the driver.

Hiring an Arlington DWI attorney is always a good idea if you do not have a complete understanding of Texas DWI laws and the penalties you could receive if you are convicted for DWI in Texas. DWI lawyers can review every aspect of your DWI case and answer your DWI questions. DWI lawyers in Arlington can defend you through out the entire Texas DWI criminal process.

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Dallas drivers may be arrested for driving while intoxicated or DWI if they do not have normal use of their physical or mental faculties due to ingesting alcohol or drugs or if their blood alcohol concentration (BAC) is 0.08% or higher. Dallas drivers who are under the age of 21 can be arrested for DWI if their BAC is 0.08% or higher.

Drivers who are arrested for DWI in Dallas can face a variety of severe penalties. Penalties will vary based a driver’s criminal background and whether or not other individuals were injured or killed. Hiring a Dallas DWI lawyer can ensure a Dallas driver has the right DWI defense. Dallas criminal defense attorneys vigorously defend their client’s legal rights and try to eliminate or reduce the consequences of a DWI arrest.

Call a DWI lawyer immediately if you need information about current Texas DWI laws or you want someone to defend you against your DWI charges.

Penalties for DWI in Dallas

General information is listed below for the penalties for drunk driving in Dallas. DWI laws are created and passed at the state level so Dallas DWI laws will be the same as other cities in Texas. Dallas drivers should contact a Dallas DWI lawyer for more information about their specific case.

First DWI Conviction

Class B Misdemeanor

• Drivers can be required to pay a fine up to $2,000
• Drivers can be required to do at least 24 hours and up to 100 hours of community service

Second DWI Conviction

• Drivers can be ordered to install an Ignition Interlock Device in their car
• Drivers can be required to pay a fine up to $4,000
• Drivers may be sentenced to no less than 72 hours up to 1 year in jail
• Drivers may be required to do community service of 80 hours up to 200 hours
• Drivers may have their license suspended for at least 80 days but less than 2 years

Third DWI Conviction

Third Degree Felony

• Drivers can be fined up to $10,000
• Drivers may be required to spend 2 to 10 years in prison and required to have an Ignition Interlock Device installed in their car as a condition for their bond or release
• Drivers must perform 160 hours to 600 hours performing community service
• The driver’s license must be suspended for 180 days to 2 years

In addition to the penalties listed above the DWI court may order the Dallas driver to complete an alcohol or drug treatment program.

Hiring a Dallas DWI lawyer

Dallas drivers who have a Texas license have given their implied consent to submit to a chemical test (blood, breath, urine) if requested to do so by a Dallas law enforcement officer. Refusing to take a chemical test or failing a chemical test can result in a license suspension. Dallas drivers who have lost their license may schedule an administrative hearing with in 15 days of their arrest to fight their license suspension. Dallas DWI lawyers can help schedule the hearing and represent a driver at their hearing as well has request an Occupational Driver’s License (if the license is suspended).

DWI attorneys can review your DWI arrest, make sure there was probable cause to arrest you, ask questions and evaluate every aspect of your DWI case. Before pleading guilty, learn about DWI laws and your legal rights in Texas. Dedicated DUI/DWI criminal defense lawyers understand what drivers are going through and will do their best to defend a driver throughout the DUI criminal process.

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If you have been arrested for a DUI in California, it is important to discuss your DUI case with a California DUI defense lawyer as soon as possible. A DUI lawyer can take immediate action and help develop your DUI defense. According to California DUI laws, an APS or Administrative Per Se Hearing must be scheduled within 10 days from the date of your DUI arrest. Failure to seek adequate legal counsel can result in harsh penalties for your DUI arrest including:

• Jail time
• Large monetary fines
• Suspended or revoked driver’s license
• Increased California car insurance premiums
• Installation of an Ignition Interlock Device
• Probation
• Participation in a DWI education program
• Loss of a commercial license- if you are a commercial truck driver

Failure to contact a DUI attorney in California is a mistake. California DUI laws and mounting a DUI defense can be complicated. A DUI conviction will stay on your driving record for at least 7 years. A California DUI lawyer can help. Call a DUI attorney today for a free consultation about your DUI arrest.

What is a DUI?

In California it is illegal to drive under the influence of any alcoholic beverage or drug. California DUI laws define “under the influence” as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Proof of a DUI can be obtained from the observation of an individual. The officer watches for slurred speech, the inability to walk or blood shot eyes. Additional evidence can be obtained through a Blood Alcohol test. In California it is illegal to drive with a BAC of 0.08 or higher. If your BAC is 0.08 or higher, you can be charged with a DUI even if you are not exhibiting any signs of being “under the influence”.

California DUI penalties

First Offense:

·         The court will sentence the defendant to a jail term for a minimum of 48 hours.

·         Fines can range from $1400 – $1800 and additional court fees are included. All DUI fines must be paid within 45 days or financed to be paid. Some fines may be discharged by community service.

·         A 3- 5 year probationary period will be imposed.

·         Required 10 month license suspension (limited driving may be allowed for school and work)

·         Required attendance of a 3-6 month drug and alcohol program is mandatory

Second Offense

·         Required jail term for a minimum of 96 hours

·         A 3-5 year probationary period

·         $1800 – $2800 in fines and penalties must be paid plus additional court fees

·         18 month driver’s license suspension, drivers may apply for a restricted license 12 months after the DUI arrest

·         The defendant must attend a drug and treatment program for 18 months.

Third Offense

·         Required jail term for 120 days minimum

·         3-5 years probation

·         $1800-2800 in fines and penalties for the 3^rd DUI conviction, plus court costs must be paid

·         A mandatory driver’s license suspension for 18 months to 3 years.

·         A mandatory installation of an ignition interlock device.

Common DUI questions

Is a DUI arrest like a traffic ticket?

No, if you are convicted of a DUI there can be very serious penalties including a suspended license, probation and increased insurance rates. A DUI conviction is either a misdemeanor or a felony. It is important to take your DUI seriously and talk to a California DWI/DUI attorney as soon as possible.

How do I find a good DWI Lawyer?

Find a DUI attorney who has experience in criminal law. Find someone who is easy to talk to and wants to help you with your DUI case. Does the DUI lawyer listen? Did they answer all of your questions? Make sure you find someone knowledgeable about California DWI laws. Beware of a DUI defense attorney who guarantees results. There is no attorney who can guarantee a dismissal of your case.

Do I have to hire a DUI lawyer or can I represent myself?

Unless you fully understand the complexities of California DUI law it does not make sense to try and represent yourself in a DUI criminal case. If you do decide to represent yourself, you will need to file a hearing with the DMV within 10 days of your arrest. A DUI arrest is a serious matter, it is important to talk to a California DUI attorney as soon as possible.

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In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Concerning the DMV case, time is of the essence in responding to the Department concerning the charges against you. Your driver’s license will automatically be suspended if the accused does not request a DMV hearing before the 11th day after being accused. The criminal case filed against California DUI / DWI defendants consists of two different statutes:

The first count, CVC section 23252 (a) focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge and CVC section 23252 (b), concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.

Convictions for first time defendants can include heavy fines, jail sentences, license suspension, vehicle impounded, ignition interlock device, DUI school, probation, and community service.

According to the August 05, 2009 /24-7PressRelease/ -2009 Changes to California’s DUI Laws, “Each year, the state’s drunk driving laws get tougher and the punishments more severe. 2009 was no exception. The legislature passed a zero tolerance law for DUI offenders on probation, decreased the blood alcohol content (BAC) level needed to trigger the use of ignition interlock devices and made DUI programs mandatory for those on probation for a “wet reckless” driving charge.” The same clamp down effects every California driver whether you live in Los Angeles, Long Beach, San Jose, San Francisco, Sacramento, Oakland, San Diego, Fresno, Bakersfield, Stockton, or Orange County.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help protect your rights. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of California law

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