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Southern California Criminal Defense and DUI Lawyer - Areas of Practice - California Drunk Driving Information Contact Us Now Other Areas DMV Matters California Drunk Driving DUI Checkpoints Los Angeles DUI Orange County DUI San Diego DUI Long Beach DUI Inland Empire DUI Field Sobriety Tests Criminal Law Drunk in Public Speed Citations Burglary Narcotics and Drugs Assault and Battery Domestic Violence Immigration Hit and Run Juvenile Defense Forgery and Fraud Expungement Personal Injury and Civil Estate Planning Warrant Alternative Sentencing CALIFORNIA DUI INFORMATION California DUI and Drunk Driving Arrest "Don't ever plead guilty to a DUI without at least consulting an attorney first - there are too many defenses to just plead guilty." Police Sergeant Jack Anderson, Garden Grove Police Department, in speaking to traffic offenders at Orange County Superior Court, Harbor Justice Center, Newport Beach. DUI charges are the most common criminal charges filed against individuals in the State of California (not including simple traffic tickets, which are technically "criminal" violations). Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 7 years, and may result in higher insurance premiums. Furthermore, you may become ineligible for credit, and even lose your employment. If you have prior convictions, stopped for speeding, or had an accident while driving under the influence, the penalties may be far worse. Estimate your blood alcohol level using our Blood Alcohol Calculator . The information on this page is specific to California. If you are in another state, your laws may differ, and we invite you to consult our DUI Attorney Directory for attorneys outside of California. We also have specific pages for information and resources related to: Los Angeles Drunk Driving Attorney Orange County DUI Lawyer San Diego DWI Attorneys Long Beach Lawyer Inland Empire OWI Lawyers Field Sobriety Tests Frequently Asked Questions 1 What are California's Drunk Driving Laws? Answer 2 Is a DUI a felony or a misdemeanor charge? Answer 3 What is the punishment for a DUI? What are the costs of a DUI? Answer 4 What happens to my license? Answer 5 What are the effects of a DUI conviction on Commercial Licenses or Drivers? Answer 6 What are the rules regarding a DUI conviction or FAA rules as to Airline Pilots? Answer 7 What are drunk driving defenses? Answer 8 What if the police didn't read me my rights in a DUI case? Answer 9 Should I just show up and plead guilty? Answer 10 Can I get at Public Defender for free? Answer 11 What can an attorney do? Answer 12 Will I pay an attorney and end up losing or paying anyway? Answer 13 How do I know I'm getting the best attorney? Answer 14 Why should I hire your firm? Answer 15 What are the top 10 mistakes clients make in DUI cases? Answer Frequently Asked Questions (with answers) 1 The Law: What are California's Drunk Driving Laws? The California Vehicle Code, specifically, VC section 23152(a) and 23152(b), sets the law on DUI cases, and states as follows: VC 23152. "(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California's "legal limit". The term "alcoholic beverage and drug" or "alcoholic beverage or drug" in the (a), or first count, does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system. Return 2 Is a DUI a felony or a misdemeanor charge? Most DUIs are misdemeanors. (California has three levels of criminal prosecution - infractions, like speeding tickets, misdemeanors, for which the maximum penalty is one year in jail, and felonies, for which the potential maximum penalty is more than one year, meaning state prison time). For anything higher than a third time DUI charge, the law allows prosecution as a felony, at the discretion of the District Attorney. If there is an accident with bodily injury to anyone other than the driver while drunk driving or DUI, Vehicle Code section 23153 applies, as a felony. That section states: 23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. Return 3 The Punishment: What is the punishment for a DUI? Typically, each court has a different policy and procedure for DUI arraignments. You truly should talk to someone that knows the local court where your matter is pending. In general, the maximum penalties for a First Time DUI, below .20% blood alcohol level, no accident, misdemeanor, drunk driving case includes all of the following: Informal, or summary, probation for three to five years; Six months in the county jail; Six months license suspension; A fine of $1,000 plus penalty assessment, or a total of $2,710, (the minimum is $390 plus penalty assessment); (The "penalty assessment" is a state tax created by statute in the late 1960s, and is now larger than the fine. Currently, the penalty assessment is 171% of the fine, meaning that on a $100 fine, the total payment is $271 - almost triple the original fine. Current legislation pending will increase the penalty assessment). Contribution of $100 to the California State Restitution Fund; Proof of enrollment in, and proof of completion at, a Level 1, or AB-541 Alcohol Education Program; An "Alcohol Abuse Prevention" fee of $50.00 A "Blood Alcohol Content" testing fee of $37.00 A $20.00 Court Security Fee In addition, there are additional penalties for being above a .20, being involved in an accident, or having a child in the vehicle. Second time DUI: The potential maximum, and all other penalties increase, in addition to all of the above, to one year in the county jail, having your car impounded for 30 days, an 18 months license suspension, part of which can be restricted if you participate in an 18 month alcohol abuse treatment program. The minimum includes 10 days in jail. Third or Fourth time DUI: The potential maximum and all other penalties increase, in addition to all of the above, to a mandatory license revocation for up to 4 years by the DMV. Even after the revocation, you still cannot get a license until you've completed a 30 month long alcohol treatment program. As mentioned above, a fourth or higher DUI can be prosecuted as a felony, and the minimum of 120 days for third offenses, or 180 days for fourth offenses, up to the maximum of 16 months in state prison, or the maximum of 3 years, applies to felonies. Failure to do ANY of the above terms of your sentence is a probation violation. What are the COSTS of a drunk driving case? In addition to the court's punishment, the financial cost of a DUI charge can be staggering. The information below is provided on the Auto Club's website as a community service from the Auto Club and is part of their ongoing awareness program as to drinking and driving. It is reprinted here with the permission of the AAA/Auto Club of Southern California: California First Misdemeanor DUI Conviction Estimated Costs Fines (minimum) $390 Penalties (minimum) $663 Tow/Impound Fee $150 Alcohol Education Class $375 Auto Insurance Increase* $6,600 Restitution Fund $100 Attorney and Legal Fees (fees will vary) $2,500 Total $10,878 *insurance increase is $2,200 annually for three years, based on an average premium increase for a motorist with 9 to 13 years driving experience Costs above do not include: Value of lost work time and wages Medical costs Vehicle property damage Cost of ignition interlock device if required by judge. For more information on fees see AAA Return 4 The DMV - What Happens to My License? We maintain a separate page for DMV advice and information . Note that for DUI cases, a request for a D.M.V. hearing must be made within 10 days of the arrest.. If there is no request made within 10 days, the driver's license will be suspended/revoked 30 days from the date of arrest, and suspended for a four month period of time. The length of time of the suspension will depend upon how many DUI convictions the arrestee has suffered in the preceding seven years. Certain actions, such as refusal to submit to a blood test or breath test, can cause your license to automatically be suspended for one year, or longer if priors exist. For more information see the DMV advice page . Return 5 What are the effects of a DUI conviction on Commercial Licenses or Drivers? Those with commercial vehicle licenses have a different standard of .04% BAC, whether felony or misdemeanor. The DMV action against Commercial Drivers is also more severe. Return 6 What are the rules regarding a DUI conviction or FAA rules as to Airline Pilots? Commercial Pilots (including ATP license holders) who are convicted (not simply arrested for) DUI/DWI must report that conviction on his or her medical application at time of renewal. He or she must also notify the FAA Civil Security Division, at the following address ONLY: FAA, Civil Action Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125 not later than 60 days after the motor vehicle action. Contacting the local FAA FSDO, or the disclosure on the medical certificate, is not compliance under the rule. A pilot must also report any action taken on his driver's license that emanated from the drunk driving arrest, i.e., a suspension for either failing the breath/blood test or for refusing a breath/blood test. This report, too, is made to the FAA Oklahoma Office Civil Security Division and must be made within 60 days of the suspension. In cases where a pilot suffers both a DUI/DWI conviction as well as an administrative license suspension that arose out of the same factual circumstances, he must timely report both of them to the Security Division or face a non-reporting violation. (Note, however, that only one of the two reports can be used for suspension/revocation purposes under FAR 61.15 (d), i.e., the FAA needs 2 separate incidents within a 3 year period to deny an application or suspend/revoke a pilot license. We have a former pilot on staff and can help you through this maze and protect your license. The Aircraft Owners and Pilots Association (AOPA), also has a pilot assistance hotline for members at 1-800-USA-AOPA (1-800-872-2572) and a web site with more information ( AOPA ). Return 7 What defenses are there in drunk driving or DUI cases? DUI defenses in any given drunk driving case are almost too much to mention due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle. Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may affect admissibility of the test results, as well as the license suspension imposed by the motor vehicle department. "Under the influence". The officer's observations and opinions as to intoxication can be questioned, the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober. Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100- to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist. Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. Again, a number of complex physiological problems are involved here. Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc. License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles. Return 8 What if the police didn't read me my rights in a DUI case? The police have to read you your Miranda rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. Although most DUI cases are based upon scientific evidence, such as a breath or blood test, a skilled DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case. Return 9 Should I just show up and plead guilty? You certainly could. However, because the judge is not the one prosecuting you, he or she cannot change, reduce lower, or dismiss the DUI charges only offer you, at best, the minimum punishment. You may have defenses that could make a big difference in your drunk driving case - but you would never know if you pled guilty. (And you may kick yourself later while attending classes, paying fees, and reviewing your insurance bill, for not fighting your DUI when you could have). Also consider this — If you plead guilty: You will have a criminal record for the rest of your life if you do nothing. Your driving record will contain a DUI record and increased points for the rest of your life (which cannot be expunged), and will affect you. Under Federal and California laws, becoming a teacher, a police officer, an attorney, or a government employee may be next to impossible if you get a conviction for drunk driving. You will automatically lose your full driving privileges for at least four months from the DMV and the court. If you're like most Southern California, that will have a devastating impact on your job and on your family. If you get caught driving while suspended you will go to jail and your car will be impounded. Your car insurance rates will increase many times over, and you may be cancelled if your rates don't rise out of sight. You may suffer immigration consequences if you are not a United States citizen. Return 10 Can I get at Public Defender for free? A Public Defender is legally qualified to defend you, but you must qualify for their services. In order to receive the services of the Public Defender, you must fill out a form for the court which lists all your income and assets. The judge then evaluates your financial statement and decides if you are indigent, and should be appointed a Public Defender. If you earn income that is not WIC, welfare, or other government benefits, you may be required to get a private attorney. There are also several potential disadvantages to using a Public Defender. Public Defenders typically have anywhere from 35 to 50 cases per day, so it is almost impossible to give the personal attention and counseling time that a private attorney does. As a result, your case cannot receiving the full attention you deserves. Because of the heavy caseload, there is an incentive for you "just to plead guilty", and get the case taken off their plate, and not deal with it. You cannot have the attorney show up for you if you have a public defender, because they want you in court at each appearance. You cannot choose the public defender you get, and you may get a different one every time you show up to court. In most courts, your Public Defender may never have even met or talked with you before you must appear in court together. If you have questions and concerns before your court date, you may not have the opportunity to get them answered. You may find a lack of experience. Misdemeanor cases, including DUI, are often used as a "training ground" for new lawyers, and many new Public Defenders get their first real court experience on your type of case. Public Defenders cannot represent you at the DMV. The law does not provide for a free, appointed lawyer at the DMV. Even if you qualify, the judge can order you to pay back the entire value of the public defender services at the end of the case - hardly free. With the states and counties in a budget crisis, this is becoming more common. Return 11 What can an attorney do for me? A good lawyer can do everything possible to protect you, fight for you, and minimize the impact of this case on you in all areas of your life. You should at least consult with an experienced criminal defense lawyer, someone that has experience representing people accused of drunk driving or DUI. Drunk Driving defenses can be extremely complex and require extensive knowledge of chemical scientific testing, field sobriety testing, and DUI police procedures. The police often make mistakes in conducting their investigation and in your arrest, but it's the complex nature of DUI cases that lead to defenses. Only a lawyer experienced in this area will know how to make the complex nature of a DUI case into drunk driving defenses, and more important, what to do about it. Return 12 Will I pay an attorney and end up losing or paying anyway? You shouldn't believe that a conviction will always happen, because you can win. Drunk driving cases are complicated, but not impossible to win. Because Dui cases are criminal defense matters, you need an attorney familiar with criminal law, and your rights under the Constitution. First, an attorney must review whether the police had a right to stop you under the Fourth Amendment to the US Constitution, and California Law. Next, the police must prove that they had probable cause to believe that you were operating under the influence of alcohol, or drugs. Finally, they have to prove that the breathalyzer was in proper working order, maintained and calibrated according to law, that the test was given by a properly trained officer, and that you took two tests within 15 minutes of each other, that were within .01 of each other, and were within 3 hours of your driving. As you can see, this is complicated - which means that you can win. An attorney with experience will leave no stone unturned and do a full factual and legal review of each of your defenses. Contrast that to just pleading guilty, which can happen very quickly, the effects on your life from having a criminal conviction, having your license suspended, and suffering classes, insurance increases, and other costs, will continue for years, sometimes for life, and you will always wonder what would have happened had you hired a good attorney to protect you. Return 13 How do I know I'm getting the best attorney? Finding and choosing a DUI lawyer in a California drunk driving case can be a difficult process. Consider that DUI defense is a technical and highly specialized field and ask the following questions: Does the lawyer handle drinking and driving cases? Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab? Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable. Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all inclusive? Do the fees cover such "extras" as the DMV license hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.? Have there been any State Bar complaints or actions of discipline against the attorney? (You can check at the State Bar website) Is the lawyer a member of the National College for DUI Defense ? Is he a member of the California DUI (Deuce) Defenders ? Will the attorney, or the attorney's firm handle the case, or are you being sent to another firm for handling for a fee? Return 14 Why should I hire your firm? Here are five reasons: Experience: With over 15 years of combined experience, our firm has substantial trial experience and a commitment to providing premium DUI representation. Knowledge: We know the local courts, the judges, and the prosecutors, as well as the procedures, where your case is pending. We also regularly attend state and national meetings of other DUI defenders in order to share ideas and scientific knowledge. Put this expertise to work for you. Personalized Service: Our offices are staffed with legal professionals dedicated to serving our clients' legal needs. We take pride in knowing our clients personally and even make it a point to assist you with other problems related to your case. Since you're the most important person in our office, we listen carefully to what you have to say. Accessibility: You'll always be able to talk to an attorney in person, via phone, or through email. From your first call to the resolution of your case or jury verdict, you'll have an experienced attorney working on your file along with our experienced staff of legal professionals. Reasonable fees: We are not out to charge the highest fees we can. We listen to clients and other attorneys, and make our fees reasonable, so that you can obtain value from high qualify service at a more competetive price than most law firms at our skill level. Return 15 What are the top 10 mistakes clients make in DUI cases? If you have been arrested on charges of driving under the influence, don't make these mistakes that others have! The following is a "top ten" mistakes that persons accused of DUI commonly make: Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The Department of Motor Vehicles will keep track of it on your driving record until you are dead. It has to make sure to take your license away from you for two years, if you have three lifetime convictions. The additional insurance charges alone could cost you thousands of dollars. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company must notify the Division in advance, if you do not maintain your insurance. It will also raise your rates based on your conviction. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. What should you do? You need legal advice and fast. You want an attorney who knows how to handle your case. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you, and may want to charge you, and then attempt to get rid of you as quickly as possible - they even may dump your case if you do not plead guilty immediately. Look for a reasonable, predictable fee, not the lowest. Not obtaining a temporary license and requesting a hearing at the Motor Vehicle Department within 10 days, if your license was taken when you failed or refused to take an alcohol test. If you do not request a hearing, you will not be able to drive until after a hearing or for 90 days to a year. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons. Driving after your license has been revoked. You have no right to drive after revocation and driving then is more serious an offense than your original charge. There are no provisions for you to drive for work or personal reasons. After a period of time, you may qualify for an interlock device. If arrested for driving during this time, you may have to post a $10,000 bond just to get out of jail. If convicted, you face a minimum 45 days in jail. Not requesting that the officer be present at your motor vehicle hearing. If you do not request the officer's presence, you will have to subpoena him or waive her presence. The hearing will be based on the officer's report only and you will not hear how the officer will testify. Many things can be learned at this hearing by your attorney, if the officer is present. If the officer fails to appear or justify what was done, you get your license back. Taking the District Attorney's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case. Failing to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances. Talking to anyone but an attorney about your case. You will get advice, some of it good, some of it bad, some of it based upon personal experience in other jurisdictions, or years ago, that may not apply in your case at all, from your family and friends, even co-workers. Don't listen to anyone except an attorney experienced in DUI law. You may choose a lawyer or risk the consequences of representing yourself. By hiring an attorney immediately following your citation, you won't miss any deadlines. Judges won't know if they should protect your rights unless someone defends you. For example, overworked prosecutors may use reports from inexperienced or over-zealous police officers to over-prosecute a case. Defense attorneys are aware of these tendencies and are trained to handle such situations. If you ask the judge to let you be your own attorney, he or she must allow this in most cases. But do not do this. In all DUI/DWAIs, ge a lawyer quickly. You should interview immediately after arrest if you can (you have a 7 calendar day deadline after arrest, if you lost your license). Thinking that you can handle it on your own. You need to have an attorney go to Court with you. Return Visit our websites with information specific to your court and charges: Los Angeles Drunk Driving Attorney Orange County DUI Lawyer San Diego DWI Attorneys Long Beach Lawyer Inland Empire OWI Lawyers Field Sobriety Tests Home | About the Firm | Areas of Practice | Law Resources | Contact Us Home Areas of Practice California Drunk Driving Information © Robert Miller and Associates, All Rights Reserved Legal Disclaimer Toll-Free Phone: (877) 568-2977 eMail: info@expertlawfirm.com Site Map

Cochran Firm Criminal Defense Section - Drunk Driving, DUI, DWI, OUIL STATE SPECIFIC DRUNK DRIVING AND DRIVERS LICENSE STAUTES STATE Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Submit our ONLINE INFORMATION FORM for a free consultation. Name: Email: State: Age: Contact #: - - Notes on Case: (Please be brief and summarize) Please press "Submit" to send us your information and a representative will contact you shortly. Operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle. Consequences for the conviction of Driving Under the Influence may potentially include: Loss of driver's license Probation or parole Loss of auto insurance Court ordered driving school Impound of vehicle Court ordered ignition device Significant fines Other Likelihood of any of the above consequences depends on the following factors: Prior similar convictions Any other prior convictions Currently on probation or parole Attitude of the community and court toward this type of crime Degree of media attention on case Mitigating/aggravating circumstances Accident involved Blood alcohol content Other Defenses for Driving Under the Influence may potentially include: Insufficient evidence Factual innocence Illegal traffic stop Improper testing Other What can you do to improve the outcome of your case? Gather documentation of your good character (reference letters, employment history, community service, etc.) Exercise your right to remain silent Retain qualified counsel as soon as possible Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense) DO NOT investigate your own case What can we do to help? Early preparation, including legal research and defense identification Early investigation and identification of all facts helpful to your defense Interview police to minimize or eliminate the case Interview the prosecutor to minimize or eliminate the case Interview all witnesses Reduce or eliminate bail requirements Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case In appropriate cases, negotiate jail alternatives Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail) Coordinate a private lie detector test Develop appropriate motions to dismiss the case Develop appropriate motions to suppress evidence Click Here for Consultation View Articles written by our Attorneys on Drunk Driving issues BREATHALYZER Uncertainty and the Breathalyzer DUI SB 1694 A "Paper Tiger"? HIT & RUN Trends, Consequences and Considerations CRIMINAL DUI/DWI CASES and the Uncivil Law of Vehicle Forfeiture ILLEGAL SEARCH? Probable Cause and Drivers' Rights UNDERSTANDING THE MIRANDA RIGHTS "You have the Right to Remain Silent" VEHICULAR MANSLAUGHER California Penal Code 192 MILITARY DUI/DWI CASES Military Justice Court Proceedings and the Injustice of It All DISCLAIMER The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.

first DUI conviction, your

Utah DWI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Utah Topics Utah DWI Utah Car Insurance Utah DWI Lawyers Google Search Results Utah DWI Information What Happens To First Time Offenders in Utah? Utah First Offender You are DUI in Utah if your blood alcohol content (BAC) is over .08%. DUI is a Class B misdemeanor, punishable by a fine, jail or community service, 90-day license suspension, an alcohol class, or alcohol problem assessment. First time offenders usually get two days of jail or 48 hours of community service or electronic home confinement, and a minimum fine of $700. However, a University of Utah study showed judges were ordering jail time in about half of the cases, imposed fines in only about 60 percent of the cases. First Offender Official Penalties: Jail 48 hours to 6 months. 2 days is supposed to be mandatory, but can be substituted with 48 hours of community service. Fines $1295 to $1850. Suspension 90 days. DUI Class "Prime for Life" class is required, at your expense. Approved DUI Education Providers: http://hsdsa.utah.gov/DUI_Providers.htm If your BAC (blood alcohol content) was over .16%, then the judge may require you to have an Ignition Interlock Device installed on your car, at your expense. The device prevents you from using the car if you have any alcohol in your system. Conditional License You will have a "no alcohol" constraint placed on your driving privilege when you reinstate your license. You must not drive with any alcohol in your system. The constraint period will be two (2) years on the first "qualifying conviction". Under 21 In Utah it is illegal for those under 21 to have any measurable amount of alcohol in their blood. If you are convicted on a DUI charge you will be sentenced and fined as an adult, but will spend any jail time in a juvenile correctional facility. If you are arrested on a DUI charge, the court may rule that your parents are responsible for the fees. Commercial Driver It is illegal to operate a commercial vehicle with a BAC of 0.04 percent or higher. You will face license suspension and criminal penalties (see above). Law enforcement can prohibit any commercial driver from driving for 24 hours if he or she has a BAC of over 0.01 percent. DUI Automobile Impoundment Upon your first DUI conviction, your car can be impounded for a period of one to 30 days at your expense. DUI Automobile Release Procedures To obtain a release of your automobile, you must: Present legal picture identification that proves you to be the legal, registered owner. Provide a copy of the TC-540 Vehicle Impound Report, which is provided by the arresting officer. To be released from impound, the vehicle must be properly registered. If the Vehicle Impound Report shows the vehicle is not properly registered, the vehicle must be registered and all taxes and fees paid before release. Pay a $230 DUI impound fee in addition to any other taxes or fees due. Insurance Your insurance costs will probably increase considerably, perhaps for your entire family. Your insurance carrier may drop you, forcing you to find more expensive coverage. If you have to drive for your job, your employer's insurance rates may go up as well. More Severe Consequences More severe criminal actions are taken for DUI with a passenger under the age of 16 years, and DUI with an injury or a fatal crash. Home > State By State Help > Utah DWI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

Illinois DUI Defense Attorney,

Illinois DUI Defense Attorney, Steve Fagan - Attorney Profile - www.1800DUILAWS.com Illinois DUI Defense Attorney, Steven H. 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Fagan, P.C. Firm Name: FAGAN, FAGAN & DAVIS Office Tel # 847-635-8200 Office Fax # 847-635-7257 24-Hour Emergency # 847-635-8200 (24hr ans.svc) Web site: www.MyAttorneysOnline.com E-Mail: SFagan@1800DUILAWS.com Illinois DUI Defense Lawyer, Steven H. Fagan earned a B.A. from the University of Illinois in Urbana/Champaign, and his Juris Doctor from Chicago-Kent College of Law in downtown Chicago, Illinois. Before being admitted to the bar, he prosecuted for the village of Arlington Heights, Illinois under a special certificate from the Supreme Court of Illinois. Mr. Fagan immediately began private practice with a focus on DUI defense in Chicago and the surrounding suburbs upon admission in Illinois and has defended over a thousand DUI defendants appearing in over fifteen different court-houses throughout Chicago and the State of Illinois. Why should you hire me? "I have spent years cultivating a well-earned reputation, not just in Chicago but nationally, as an attorney who skillfully employs traditional drunk driving and DUI defense techniques and tactics while constantly employing creative ways of attacking issues that can make a big difference in your DUI / DWI defense. My relationships with Judges and prosecutors in courtrooms across Chicago and the State of Illinois often have enormous impact on the options available to my DUI clients. Other defense attorneys regularly refer DUI cases to me or consult my opinion on strategic and legal issues relating to Illinois drunk driving and DUI. My DUI law partners and I cater to the needs and goals of each DUI client and we treat each drunk driving case as unique. When you hire me, you hire a small army of DUI lawyers for your DUI defense, and every strategy will be carefully explored in your drunk driving case. Call me today at 1.800.DUI.LAWS for a FREE consultation ." top Illinois Court Information and Locations Illinois DUI Defense Lawyer Steven H. Fagan admitted to practice in all Illinois State and Federal Courts. Mr. Fagan most frequently practices law in Cook and DuPage counties, and most particularly in the city of Chicago . Illinois Courts, links to Judicial and Legal system: Illinois Supreme Court - General information about the Supreme Court of Illinois, Court news, high profile cases, summaries of cases pending before the Supreme Court, the Court calendar, and other Court-related current events. Illinois Circuit Courts - General information and listing of Illinois Circuit Courts, links to the Circuit Courts web sites. More information about Illinois Courts and Judicial System top Arrest and Release in Illinois If someone you care about has been arrested, please visit the Illinois Department of Corrections inmate search for detailed information. Other Illinois Resources There are a variety of special problems that arise following a drunk driving, DUI, or DWI arrest. Renting a car may be difficult (although we know of several companies that will do so) , as is getting car insurance . There may be a requirement to attend special alcohol programs, or AA meetings. Expungement of Criminal Records in Illinois Expungement of criminal records can be a complex process, and the ability to clean up past criminal convictions depends upon many different factors. The law relating to expunging criminal convictions does not allow for DUI, however dismissals or findings of not guilty may be eligible for expungement. It is important that you consult with a lawyer that is skilled in matters pertaining to expungement . For a free consultation, contact SFagan@1800DUILAWS.com . top City and zip codes for Illinois DUI Defense Attorney Steven H. Fagan's main area of practice: Cook County, Illinois 60091 Wilmette, IL; 60093 Winnetka, IL; 60094 Palatine, IL; 60090 Wheeling, IL; 60077 Skokie, IL; 60078 Palatine, IL; 60082 Techny, IL; 60130 Forest Park, IL; 60131 Franklin Park, IL; 60133 Hanover Park, IL; 60141 Hines, IL; 60095 Palatine, IL; 60104 Bellwood, IL; 60107 Streamwood, IL; 60153 Maywood, IL; 60055 Palatine, IL; 60056 Mount Prospect, IL; 60053 Morton Grove, IL; 60029 Golf, IL; 60038 Palatine, IL; 60043 Kenilworth, IL; 60070 Prospect Heights, IL; 60074 Palatine, IL; 60076 Skokie, IL; 60068 Park Ridge, IL; 60062 Northbrook, IL; 60065 Northbrook, IL; 60067 Palatine, IL; 60476 Thornton, IL; 60477 Tinley Park, IL; 60478 Country Club Hills, IL; 60472 Robbins, IL; 60473 South Holland, IL; 60475 Steger, IL; 60499 Bedford Park, IL; 60501 Summit Argo, IL; 60155 Broadview, IL; 60480 Willow Springs, IL; 60482 Worth, IL; 60483 Tinley Park, IL; 60471 Richton Park, IL; 60459 Burbank, IL; 60461 Olympia Fields, IL; 60462 Orland Park, IL; 60456 Hometown, IL; 60457 Hickory Hills, IL; 60458 Justice, IL; 60466 Park Forest, IL; 60467 Orland Park, IL; 60469 Posen, IL; 60463 Palos Heights, IL; 60464 Palos Park, IL; 60465 Palos Hills, IL; 60513 Brookfield, IL; 60611 Chicago, IL; 60612 Chicago, IL; 60613 Chicago, IL; 60608 Chicago, IL; 60609 Chicago, IL; 60610 Chicago, IL; 60617 Chicago, IL; 60618 Chicago, IL; 60619 Chicago, IL; 60614 Chicago, IL; 60615 Chicago, IL; 60616 Chicago, IL; 60607 Chicago, IL; 60534 Lyons, IL; 60546 Riverside, IL; 60558 Western Springs, IL; 60154 Westchester, IL; 60525 La Grange, IL; 60526 La Grange Park, IL; 60604 Chicago, IL; 60605 Chicago, IL; 60606 Chicago, IL; 60601 Chicago, IL; 60602 Chicago, IL; 60603 Chicago, IL; 60202 Evanston, IL; 60203 Evanston, IL; 60204 Evanston, IL; 60195 Schaumburg, IL; 60196 Schaumburg, IL; 60201 Evanston, IL; 60297 Mchenry, IL; 60301 Oak Park, IL; 60302 Oak Park, IL; 60208 Evanston, IL; 60209 Evanston, IL; 60296 Mchenry, IL; 60194 Schaumburg, IL; 60168 Schaumburg, IL; 60162 Hillside, IL; 60161 Melrose Park, IL; 60163 Berkeley, IL; 60164 Melrose Park, IL; 60165 Stone Park, IL; 60179 Hoffman Estates, IL; 60192 Schaumburg, IL; 60193 Schaumburg, IL; 60171 River Grove, IL; 60173 Schaumburg, IL; 60176 Schiller Park, IL; 60303 Oak Park, IL; 60430 Homewood, IL; 60438 Lansing, IL; 60439 Lemont, IL; 60426 Harvey, IL; 60428 Markham, IL; 60429 Hazel Crest, IL; 60453 Oak Lawn, IL; 60454 Oak Lawn, IL; 60455 Bridgeview, IL; 60443 Matteson, IL; 60445 Midlothian, IL; 60452 Oak Forest, IL; 60425 Glenwood, IL; 60402 Berwyn, IL; 60406 Blue Island, IL; 60409 Calumet City, IL; 60304 Oak Park, IL; 60160 Melrose Park, IL; 60305 River Forest, IL; 60419 Dolton, IL; 60422 Flossmoor, IL; 60159 Schaumburg, IL; 60411 Chicago Heights, IL; 60412 Chicago Heights, IL; 60415 Chicago Ridge, IL; 60620 Chicago, IL; 60016 Des Plaines, IL; 60682 Chicago, IL; 60681 Chicago, IL; 60008 Rolling Meadows, IL; 60009 Elk Grove Village, IL; 60684 Chicago, IL; 60688 Chicago, IL; 60689 Chicago, IL; 60687 Chicago, IL; 60685 Chicago, IL; 60686 Chicago, IL; 60675 Chicago, IL; 60677 Chicago, IL; 60674 Chicago, IL; 60670 Chicago, IL; 60673 Chicago, IL; 60678 Chicago, IL; 60680 Chicago, IL; 60007 Elk Grove Village, IL; 60006 Arlington Heights, IL; 60679 Chicago, IL; 60005 Arlington Heights, IL; 60690 Chicago, IL; 60804 Cicero, IL; 60805 Evergreen Park, IL; 60803 Alsip, IL; 60712 Lincolnwood, IL; 60714 Niles, IL; 60827 Riverdale, IL; 60025 Glenview, IL; 60026 Glenview, IL; 60022 Glencoe, IL; 60018 Des Plaines, IL; 60019 Des Plaines, IL; 60695 Chicago, IL; 60696 Chicago, IL; 60694 Chicago, IL; 60691 Chicago, IL; 60693 Chicago, IL; 60697 Chicago, IL; 60706 Harwood Heights, IL; 60707 Elmwood Park, IL; 60701 Chicago, IL; 60699 Chicago, IL; 60017 Des Plaines, IL; 60621 Chicago, IL; 60639 Chicago, IL; 60622 Chicago, IL; 60624 Chicago, IL; 60623 Chicago, IL; 60640 Chicago, IL; 60645 Chicago, IL; 60646 Chicago, IL; 60644 Chicago, IL; 60641 Chicago, IL; 60643 Chicago, IL; 60638 Chicago, IL; 60631 Chicago, IL; 60626 Chicago, IL; 60628 Chicago, IL; 60629 Chicago, IL; 60630 Chicago, IL; 60632 Chicago, IL; 60625 Chicago, IL; 60637 Chicago, IL; 60636 Chicago, IL; 60633 Chicago, IL; 60634 Chicago, IL; 60663 Chicago, IL; 60655 Chicago, IL; 60654 Chicago, IL; 60664 Chicago, IL; 60661 Chicago, IL; 60659 Chicago, IL; 60657 Chicago, IL; 60660 Chicago, IL; 60656 Chicago, IL; 60649 Chicago, IL; 60668 Chicago, IL; 60647 Chicago, IL; 60004 Arlington Heights, IL; 60669 Chicago, IL; 60653 Chicago, IL; 60652 Chicago, IL; 60666 Amf Ohare, IL; 60651 Chicago, IL; DuPage County, Illinois 60189 Wheaton, IL; 60188 Carol Stream, IL; 60191 Wood Dale, IL; 60190 Winfield, IL; 60187 Wheaton, IL; 60184 Wayne, IL; 60181 Villa Park, IL; 60186 West Chicago, IL; 60185 West Chicago, IL; 60197 Carol Stream, IL; 60504 Aurora, IL; 60503 Aurora, IL; 60515 Downers Grove, IL; 60514 Clarendon Hills, IL; 60502 Aurora, IL; 60398 Franklin Park, IL; 60199 Carol Stream, IL; 60399 Bensenville, IL; 60399 Wood Dale , IL; 60172 Roselle, IL; 60116 Carol Stream, IL; 60108 Bloomingdale, IL; 60122 Carol Stream, IL; 60117 Bloomingdale, IL; 60106 Bensenville, IL; 60103 Bartlett , IL; 60101 Addison, IL; 60105 Bensenville, IL; 60103 Ontarioville, IL; 60125 Carol Stream, IL; 60143 Itasca, IL; 60139 Glendale Heights, IL; 60157 Medinah, IL; 60148 Lombard, IL; 60138 Glen Ellyn, IL; 60128 Carol Stream, IL; 60126 Elmhurst, IL; 60137 Glen Ellyn, IL; 60132 Carol Stream, IL; 60563 Naperville, IL; 60565 Naperville, IL; 60566 Naperville, IL; 60555 Warrenville, IL; 60559 Westmont, IL; 60561 Darien, IL; 60597 Fox Valley, IL; 60598 Aurora, IL; 60599 Fox Valley, IL; 60567 Naperville, IL; 60570 Hinsdale, IL; 60572 Aurora, IL; 60540 Naperville, IL; 60519 Eola, IL; 60521 Hinsdale, IL; 60516 Downers Grove, IL; 60517 Woodridge, IL; 60527 Willowbrook, IL; 60532 Lisle, IL; 60522 Hinsdale, IL; 60523 Oak Brook, IL; Listings are a paid attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS. :: Previous page :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. 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Drunk Driving Law

Original DUI Attorney - DWI Lawyer Directory and Drunk Driving Defense Guides - since 1997 - www.DUI-Help.com Find your statebelow and click for information (choosestate) Alabama Alaska Arizona Arkansas California Canada Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinoi s Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada NewHampshire NewJersey NewMexico NewYork NorthCarolina NorthDakota Ohio Oklahoma Oregon Pennsylvania RhodeIsland SouthCarolina SouthDakota Tennessee Texas Utah Vermont Virginia Washington WestVirginia Wisconsin Wyoming Canada Did You Know? You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. SecureDo-it-yourself Quiz Do YouHave a Case? FreeDefense Report SecureAsk-your-question Form NoObligation FreeConsultation LargestCollection of DUI Qualified Directory Search Page Find anAttorney DWI DUI Expert Lawyers &Attorneys can apply to have practicelisted in the directory, clickhere Get your Free Defense Report above BREAKINGDUI NEWS & DUI BLOG stories from agencies acrossthe internet 1/15/2006 - BLOODalcohol content calculations Health24.com - Cape Town,South Africa When you drink, your blood alcohol levels are not skyhigh withinminutes. When alcohol is consumed and the blood alcohol concentration... 1/8/2006 - SFST -Standardized Field Sobriety Tests - Junk or Not? AZ Central.com - AZ,USA ... slew of DUI defense attorneys have been assiduously picking apartBurns' research on the standardized field sobriety tests for years.Spurgeon Cole, a Georgia ... 12/25/2005 - SITESand Sound Advice For Your Eve Washington Post - United States ... In case you're thinking of trying your luck at avoiding the law,consider that a DUI these days will cost you at least $7,800.FriendsDriveSober ... 12/6/2005 - THE Claim:Never Drink on an Empty Stomach New YorkTimes - United States ... But the subjects also reached significantlylower blood-alcohol levels over all - on average about 70 percent ofwhat they were on the day they skipped ... 12/4/2005 - HOWmuch booze OK? Debate of .05 or .08 blood-alcohol level EdmontonSun - Canada Raynald Marchand, the Canada Safety Council'smanager of trafficsafety, says criminalizing motorists with a blood-alcohol concentration(BAC) of .05 is the ... 12/3/2005 - Sucking on a pennyor a breath mint will help someone who has been drinking defeat abreathalyzer test . fromSnopes.com ... For this reason, we adorethe honest side adore the notion oflittleeasy-to-do tricks that will keep us, the occasional overindulgers, frombeing rounded up and tossed into the hoosegow as if we were actualmiscreants who make our roads dangerous. ... 11/30/2005 - THEY'REhopping MADD over pocket breathalyzers Mississauga News Mississauga,Ontario,Canada ... But, police and MADD say the devices are often inaccurate and theyencourage people to drink and drive. "Using the pocket breathalyzer islike playing Russian ... 11/23/2005 - Drinking & Driving Can Create HolidayTragedies; 21st Century Insurance Urges Safe Driving with SeasonalCampaign Common AlcoholConsumption Myths -- and Facts that Could Save Lives: Myth: Aslong asparty-goers stick to beer and wine, instead of hard liquor, theintoxicating effects are minimized. FACT: One 12 oz. can of beer,5 oz. glass of wine or 12 oz. wine coolercontains the same amount of alcohol as one 1/2 oz. of hard liquor. Myth: Someone who has had too much to drink willshow visible signs ofintoxication. FACT: Physical appearance canbe misleading. Just one drink can impairone's ability to drive safely, because alcohol consumption affectsjudgment and motor skills first. Myth: Drinkingcoffee sobers up someone who has had too much to drink. FACT: Time isthe only solution to intoxication. It takes approximately one hour tooxidize each drink consumed. 11/19/2005 - UNTRAINED,unskilled, uncorrected drivers to blame for most traffic crashes KingsportTimes News - Kingsport,TN,USA First in a series Jerry Paregien is a retiredCalifornia Highway Patrol Sgt. who now lives in Kingsport. The days are gonewhen ... **editor'snote -the common DUI DWI is not mentioned once in this article. 11/5/2005 - CRITICIZING'zero tolerance' for DUIs is nonsense DailyPress - Newport News,VA,USA ... breath, her speech, any redness of her eyes, herability to performstandard field sobriety tests and the result of the preliminary breathtest taken at the ... 11/4/2005 - LEGALIZEDRUNK DRIVING FreeMarket News Network - PompanoBeach,FL,USA ... ransom note. Now the feds declare that ablood-alcohol level of0.08 percent and above is criminal and must be severely punished. The... Past News Stories Here sitemap RSSFeeds NewAttorney Listings - Begin Here Onlyqualifiedlawyers are selected to become members of this prestigious directory ( Back to Top of Page ) (to payannual listing dues, please usePayPal below) Alllawyers, attorneys andlaw firms listed are responsible for their advertising. Before hiringany professional, please check them out with your local State BarAssociation or Better Business Bureau. DUI-Help.com is solely adirectory similar to any telephone book. We have no control of theprofessional's administration of legal duties in your case. 1996-2006© DUI-Help.com. All rights reserved. Alexa Report at the National SafetyCouncil Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest We hope you never get arrested for drinkingand driving. Read on ... 1998 HEADLINE DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card OurBookstore will help you find the best defense literature for your case. BOOKSTORE MADD-NESS & Money Get Your Own Breathalyzer! LawyersElsewhere 500+DUI law firms CA'sDUI-Clinic.org DUI-Help-CA.com 1-800-Dial-DUI.com drunkdrivingdefense.com dui-dwi.com 1800DUIlaws.com PLAYTIME IsYour Mugshot on the Web ? Do You Need a Degreein Drinking Alcohol ? if you have alawyer, you need to get your mind off your arrest. Check outCalifornia's Vacation Wonderland Monte-Rio.info Monster Swap Links