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California DUI Penalty and Lawyer Info
(Note: Nothing on this website should be considered legal advice. It is meant for general information purposes only. Consult with a licensed California Attorney if you are accused of any crime.)
California has more miles of road than most of the world’s nations. It also has more cars, and more drivers. For those people who have come to California, either as residents or visitors, and who have been arrested for DUI, it is important to understand the penalties for driving under the influence, and the best lawyers for navigating the CA justice system.
According to the California Department of Motor Vehicles, (http://dmv.ca.gov/dl/driversafety/dsalcohol.htm) there are multiple penalties depending on the severity of the infraction and the number of times an offense has been committed. It is not uncommon to have your license revoked for a DUI infraction, and other penalties include jail time, license confiscation and suspension, hearings, as well as the chemical and blood tests that gauge how intoxicated you were at the time of the incident. In California there are also penalties for driving under the influence of prescription drugs and other intoxicating substances. Several of these offenses also carry penalties of their own. A licensed DUI attorney in California can help an accused motorist with all of the legal issues surrounding the offense.
Criminal penalties and felony DUI citations can also be assessed when certain factors are involved. Once again, good defense is highly recommended because of the nature of the offense. For instance, causing a bodily injury to anyone other than yourself while operating a vehicle under the influence may result in a felony DUI arrest and conviction. Some drunk driving attorney websites in CA also indicate that prosecutors may “over file” complaints against the motorist, and these sites also cite charges such as “assault with a deadly weapon” in reference to DUI.
California attorneys also assist in cases where “sentence enhancement” is added to a DUI charge. For example, excessive speed, the presence of children under 14 in the vehicle, having a blood alcohol level over .15, having a prior conviction, or refusing to submit to chemical testing can all add to the prosecutors list of enhancements. Most CA dui attorney websites recommend specialized attorneys who are familiar with the police procedures specific to drunk driving arrests, plus the technical aspects of breathalyzer and blood test functions as performed in the lab. A specialized lawyer will also examine the chain of evidence.
Many casual observers will contend that California DUI lawyers are “helping the bad guy get away with it” but the need for a fair trial needs to be emphasized. Every case is unique, and in some cases equipment can create a false positive for intoxicated driving. In some cases police have misdiagnosed diabetic reactions as extreme intoxication, with very bad results. Therefore, it is essential that people accused of drunk driving, or any kind of driving under the influence in California, should be well represented, if only to clarify the facts of the cases. Due to the prevalence of celebrity DUI and traffic arrests, it has become common to assume guilt based on an accusation. In a democratic system, an attorney represents the individual against the state, so ensuring a fair DUI defense often assists the cause of justice against overzealous prosecution.
Notes and Special Information
Special note: Always ask a licensed professional for the best information.