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California DUI Attorneys
May 28, 2011 | 
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California DUI Attorneys
By: Lance Peters
Posted: Dec 10, 2010
Driving under the influence of alcohol or illegal drugs is such a grave offence that if you have been apprehended in California under these charges, it is vital that you get the right legal help. The penalties are very high, and if there are any extenuating circumstances, you need an experienced California DUI defence attorney to put these forward in court in a helpful way. It is seldom that in California DUI charges are decreased, but the right attorney may possibly prevent the charges from being increased. You need to get an attorney without delay.
The Department of Motor Vehicles, or DMV, proceeds independently of any criminal court case that could follow your arrest for DUI. This procedure is called ‘Administrative Per Se’.
If you are arrested for DUI this is the DMV procedure you can expect:
The officer will forward a copy of the completed Notice of Suspension or Revocation and your driver license to the Department of Motor Vehicles. Together with this he’ll send your blood alcohol test results. These will be reviewed and may be upheld. You may request a hearing to contest these findings, within ten days of receiving notification of this. If you are over 21 you license will be returned to you upon payment of $125 at the end of the suspension period. If you are under 21 and were suspended under the zero tolerance law [which allows a blood alcohol level of 0 for drivers under 21] then you will have to pay $100.
If you were issued with a temporary license, you will be allowed to drive for 30 days from the date of the suspension. You may apply for a restricted license at your nearest DMV office, that just allows you to get to work or school and back each day.
The length of time of the suspension depends on the blood alcohol level in your blood, your age, and how many offences you have had previously:
A first offence of 0.08% or higher gives you a four month suspension if you are over 21.
A second offence within 10 years gives you a one year suspension if you are over 21.
If you are under 21 and you have any alcohol in your blood stream at all you will be suspended for one year.
Whether you are under or over 21 and you refused to submit to a BAC [blood alcohol level] test, you will get a one year suspension unless you can prove that you have a medical condition that precludes you from being tested.
For a second offence within ten years your license will be revoked for two years, and for a third infraction, three years.
When you go to court, your attorney would have prepared a defence for you and you might be spared of heavy penalties and receive the minimum sentences of either a fine, a jail term or public service, depending on the type of offence.
Lance Peters – About the Author:
For legal assistance from experienced attorneys in
California DUI Defense
Visit
http://www.californiaattorneysdui.com
Source: http://www.articlesbase.com/personal-injury-articles/california-dui-attorneys-3821507.html
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Article Tags:
california dui attorneys, california attorneys dui, california dui charges, california dui defense
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Originally published here.
Posted in 
Democratic lawmaker seeks to regulate DUI checkpoints
SACRAMENTO — A week after Nora Ramos gave birth by Caesarean section, she found herself walking five miles home with her husband and four children.On their way from the hospital in Modesto, the family had been stopped at a DUI checkpoint.
Published May 23, 2011.
Read more: The Daily Democrat
Pulled over for DUI in Los Angeles? Don’t give the officer and explanation!
Police officers hear numerous excuses from those they arrest for DUI. Often citizens feel the need to offer the officer an explanation for why they have been pulled over. This is not your job. You have probably heard the Miranda expression that “anything you say can be used against you in a court of law.” This is true and you bet that officer is going to testify to what you allegedly said. Do you really want your explanation of, “I just had 3 or 4 beers” or your post FST statement of, “I can’t even do that test sober” to be used against you? Anything you tell law enforcement is ammunition to fine you, take your license, make you attend alcohol treatment classes and lock you up. Furthermore, the officer needs to have probable cause to pull you over in the first place. If there was no probable cause to stop your car then your attorney should run a 1538.5 suppression motion to get the evidence thrown out and your case dismissed. Remember, the only reason law enforcement wants to talk to a private citizen is because they believe that you are either one of three categories: (1) a victim, (2) a suspect or (3) a witness. Odds are when they pull your car over that you are a suspect. Politely hand over your license, registration and insurance information. Don’t give them an explanation!
Los Angeles/Southern California criminal defense attorney. Former Deputy District Attorney, now dedicated to preserving your trial rights in Driving Under the Influence (DUI) cases, traffic violations and other criminal cases. I focus my practice on Criminal Law and I place a special emphasis on DUI cases. Educate yourself! Don’t let the police officer and prosecutor be the only ones who are informed! Protect, defend and fight for your rights! Contact me by email: adampostlaw@gmail.com or by phone: (310)739-4612 to discuss your case if you have been arrested for DUI, received a traffic ticket or have been charged with a crime in Los Angeles or anywhere else in Southern California. I am a member of the California DUI Lawyers Association, the California Bar, the Los Angeles County Bar Association and the American Bar Association. Go to my website: www.adamjpost.com
LEGAL DISCLAIMER: This material is for informational purposes only, and is provided as a public service. This public information is not intended to be a source of legal advice. Do not rely upon these materials for legal advice. Seek a consultation with more than one drunk driving defense lawyer on the phone or in person about the facts of your case. Every case is different and contains unique issues specific to each unique set of facts. Hire an attorney to represent you and protect your interests.
Originally published here.
Adam J. Post
