Posts Tagged ‘los angeles attorney’

Attempting to drink alcohol and drive is never a good idea. The moment that you make that ill-advised decision to put your keys in the ignition of your vehicle after consuming alcohol is a moment that could haunt you forever. There are many negative consequences for getting behind the wheel of a car intoxicated: you could permanently injure or kill yourself or a loved one, or you could permanently hurt or kill someone else. Below you will find a few facts about DUIs that are not common knowledge. 

 

1. Only time can make you sober again

Contrary to popular belief, eating food and drinking water will not make you sober. Though eating and drinking non-alcoholic beverages will prevent you from continuing to drink alcohol, your blood alcohol content will remain unchanged. The only thing that can sober you up is time. Depending on your body type, approximately one ounce of alcohol will leave your system every hour. One ounce of alcohol is equal to 1 shot of liquor 70 proof or higher, a 5-ounce glass of wine or one 12 ounce beer. So if you happen to drink two shots of Jagermeister in an hour, a hamburger will not help you pass a breath, blood, or urine test. However, if it takes you an hour and a half to eat that burger, your body may have disposed of the alcohol in your blood to drive legally. It’s smart just not to drink and drive if you’ve had anything to drink at all, however. But in the event that you know you are intoxicated, do anything besides drinking more. If you have to, order an Uber, Lyft, or taxi. There’s no need to put yourself or anyone else at risk just because you felt like having one too many gin and tonics at dinner.

2. You can get a DUI in anything that is motorized.

That’s right. People are arrested for DUIs on ATVs, lawnmowers, mopeds, snowmobiles, Power Wheels, and even motorized wheelchairs. If it has a drive-train, it can get you arrested for a DUI. Though many people believe that DUI’s can only be given to people in cars, vans, trucks, and motorbikes, there have been cases where people have been arrested for a DUI from driving a motorized bar stool.

On a side-note, bicycling under the influence of alcohol is also a crime. Though it doesn’t come with the same criminal repercussions as a DUI does, if you are caught pedaling a bicycle, and you happen to be found under the influence of alcohol, you will be hit with a CUI and a fine of not more than $250.00. Furthermore, a CUI can result in a driver’s license suspension. The administrative hearing surrounding a CUI is very similar to that of a formal DUI. So it’s essential that you do not drink and ride a bike on the street or the highway. It’s also important to note that a “Drunk in Public” charge could also be added to your CUI.

3. Sobriety Checkpoints are legal in California

In the event that you ever have to drive through a sobriety checkpoint, know they do not (yet) violate the 4th amendment to the United States Constitution in the state of California. The California Constitution allows for the sobriety checkpoint to be carried out as long as it meets certain guidelines. There are quite a few guidelines that need to be met for the stop to be legal, and if you ever find yourself being detained by law enforcement officers at one of these stops, it would be smart to consult an attorney and hire him to find out if those officers dotted their I’s and crossed their T’s. In more times than not, an experienced attorney can reduce or dismiss your charges solely on the fact that there was a tiny discrepancy in the manner at which law enforcement set up their sobriety checkpoint.

4. You are not required to perform a field sobriety test

If you are ever pulled over by a law enforcement officer and he has concerns as to whether or not you were drinking, you are not obligated by law to perform a field sobriety test. In most cases, these tests are designed to allow a police officer to gauge whether or not they have enough evidence to arrest you for a DUI. By simply not performing the field sobriety test, however, you are taking away some of the power that the officer has in arresting you. Performing circus acts on the side of the street will not earn you a get-out-of-jail-free card, it could earn you a visit there, though.

5. First-time DUI offenders can still receive time in jail

Depending on the circumstances of why you were pulled over, your calculated blood alcohol content, and other aggravating factors, you could still receive jail time regardless of whether or not it was your first arrest for a DUI. In many cases, the prosecutor will give you the same deal that they give most first-time offenders which include, but is not limited to, fines, classes, community service/work release, an ignition interlock device installation, and probation. However, if you happen to have had a child in the vehicle, blew more than twice the legal limit, or damaged your or someone else’s vehicle, you could be facing a stint in the county jail. Moreover, if you injure or kill someone, you will be facing much harsher penalties than just jail regardless of whether you were a first time DUI offender or not.

 

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Getting arrested for a DUI is usually one of the last things on anyone’s bucket list. The amount of time, money and inconvenience you will face following a DUI arrest is enough to give anyone a headache. Many people know that after your arrested for a DUI, you will go to jail and go to court, but there is a lot more to it than that. Below we will share 5 things about a California DUI arrest that are not common knowledge. If you are not familiar with what happens after you are arrested for a DUI, please take the time and read the following article.

1. Your license will be confiscated upon arrest

After you are arrested for a DUI, the arresting police officer will confiscate your driver’s license. Though you can retrieve your driver’s license if proven that you are innocent in the DMV hearing,  the arresting officer will hold the license until the process for the criminal proceedings have finished. If you lose your DMV hearing, your license will be suspended for a year. Following that year, your license will be given back if you pay the $125 fee to get it reinstated.

2. You will obtain solicitations from lawyers because your DUI is public knowledge

Since the court system can sometimes prove to be a legal circus, lawyers will surely bombard the mailing address that you gave to them with all the needed information regarding their services. Since your name is on the database for DUI offenders now, lawyers in your area will try to capitalize on your circumstances. Sifting through qualified attorneys, it’s smart to choose one with experience and a specialty in DUI law. 

3. You (or your lawyer) will have to participate in two different legal proceedings

The moment you are arrested for a DUI in California, you will have to battle two different courts: an administrative hearing and a criminal hearing. The administrative hearing, or DMV hearing,  that involves your driver’s license whereas the criminal hearing determines whether or not you will have to serve time in jail. You would improve your chances of reducing or dismissing your case greatly if you hired an attorney to represent you at both of these legal proceedings. A qualified and experienced DUI lawyer like Max Gorby could take care of these legal proceedings for you, and in some cases, you wouldn’t have to even show up. 

4. If you are convicted, DUI schooling is required.

There are “DUI education programs” in California that exist in order to deter people from drinking and driving again. In other words, these classes are simply  to educate DUI drivers who commit violations. To avoid these classes, it’s wise to contact DUI lawyer to spare you the time, money, and inconvenience of these classes. An experienced attorney can reduce your charges allowing you to avoid any kind of DUI school.

5. There are two types of license suspensions

Hard suspensions and restricted license suspensions are the two types of driver’s license suspensions. If you fail to win your appeal at your DMV hearing, your license will be suspended for a year, but you are eligible for a restricted license following 30 days, but you must also enroll into an alcohol program and provide proof of insurance. This restricted license is limited to driving to work and to your DUI classes, however.

Getting a DUI is never a fun experience. The more you know about the process of the court, the better your chances will be when you fight it. Though you can attempt to tackle the court system by yourself, it’s wise to consult a knowledgeable DUI lawyer to fight along your side.

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