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Posts tagged "DUI lawyer"

Are DUI and BUI (Boating Under the Influence) similar offenses?

DUI and BUI (boating under the influence) are siminlar offenses when it comes to the charges and penalties.  The BUI charges and penalties are outlined in California Harbors and Navigation Code section 655.  It is unlawful to operate a motor propelled vessel or motor propelled pulled equipment ( e.g. water skiis, aquaplane or similar towed equipment) on the water while under the influence of alcohol, a drug or a combination of alcohol and a drug.  You may be arrested and charged with "Boating Under the Influence".  This law applies to any vessel with a motor, whether it is the prime source of propulsion or not including sailboats.  It does not apply to sailboats without motors, canoes, kayaks etc.

What is a "Wet Reckless" in Vista Courts?

A "wet reckless" in Vista Courts and throughout California is a lesser charge often used in plea bargaining in DUI cases that are weak or have problems.  It is described generally in California Vehicle Code (VC) 23103(a) per VC 23103.5 driving recklessly with alcohol in your system.  This is not admitting to driving under the influence or over the legal limit.  Regardless whether you were actually driving recklessly, it is used as a lesser charge.  The penalties are much less, however, it still stays on your DMV record for 10 years and counts as a prior for purposes of greater penalties for any future DUI convictiions.  It has no effect on any DMV alcohol suspension, DMV actions are separate.

When is first DUI Court date scheduled in Vista Courts?

The first DUI Court date for a Vista Court case is the arraignment and is usually scheduled about 30 days after the arrest for a misdemeanor and about 7 days after arrest for a felony.  However, if you remain in custody you will have that first date within 3 court days.  The DUI Court date is on the bail or bond release paperwork if arrested or on a citation if not arrested.  Most people are arrested and post the $2500 bail for a misdemeanor.  Bail is significantly more for a felony.

Hit and Run with a DUI in Vista

A DUI with a "hit and run" charge in Vista is serious.  There are a number of issues to be addressed that depend on the evidence against you for each charge. The DUI requires proof beyond a reasonable doubt that at the time you were driving you were under the influence of alcohol and/or a drug , or .08 blood alcohol level or more. Drinking after driving can be a defense because it becomes impossible to show what your blood alcohol level was at the time of driving. However, if you were stopped while driving and over a .08 or under the influence, it does not matter whether you drank after the hit and run. Any DUI within 10 years of a prior, offense date to offense date, is a second offense for purposes of sentencing and carries significantly greater penalties than a first offense.  

Is a DUI Arrest While Sleeping in my Car Valid?

You can be arrested for DUI while sleeping in your car on the shoulder of the road.  A law enforcement officer usually will do a "welfare" check on people pulled over on the shoulder to see if they need help or are having any problems.  If you pull over because you feel intoxicated and unsafe to drive, it is the safe thing to do but you still may be arrested.  An officer, if he smells alcohol when he contacts you will run you through the DUI field sobriety tests and field breath test.  Based on his observations, your responses, and field sobriety tests, he may arrest you for DUI if he feels you were under the influence when you were driving and pulled over. 

What Happens Driving on a DUI Suspended License in Vista?

Driving on a DUI suspended license in Vista, Carlsbad, Oceanside or anywhere in California, results in significant penalties if you are stopped.  You may be stopped for an equipment violation, moving offense or even at a check point.  Once the officer contacts you, and runs your driver's license, it will show suspended for a DUI case.  At that point, you are then asked to get out of your vehicle and if this is your first offense for driving on an alcohol or DUI supension, the vehicle gets impounded at the scene and held for 30 days.  It costs in excess of $1500 for the tow and impiound to get your car back.  Even if you are not the owner, the car will be impounded.  The owner can contact the law enforcement agency that impounded it and see if try to get it released, however, that is not successful very often. A second offense has much greater penalties and the possibility your car could be sold. 

What DUI Objective Symptoms do Oceanside CHP Look For?

DUI objectrive symptoms are those things the officer notices about the driver once he or she is pulled over.  All law enforcement officers, Oceanside CHP, local police and sheriffs, are trained to look for specific things including appearance, responses and actions of any driver who is stopped which would suggest any impairment by alcohol and/or drugs.  It is these DUI objective symptoms which trigger further investigation which includes getting out of the vehicle, taking field sobriety and chemical tests (blood or breath) and also support the "drunk driving" arrest and charges .

Vista DUI Probation Violations

Vista Court DUI probation violations can be any violation of the terms of probation.  The period of probation runs from three to usually five years of informal probation, those terms include: Do not drive with a measurable amount of alcohol in your system, do not drive without valid license and insurance, take a chemical test if requested to do so by law enforcement, violate no laws other than minor traffic. DUI probation violations of these informal terms are usually only discovered if a new case is filed in the same Court, or another jurisdiction reports a new case filing other than minor traffic infractions like speeding etc.  If you are cited for any misdemeanor or felony, even driving on a suspended license with no insurance, or new DUI, then the Court Clerk's Office does a computer sweep and picks up any open probation cases which will then accompany the new case into Court for a revocation and action on the Probation Violation. 

DUI Suspended License Charges in Vista Courts

DUI suspended license charges in Vista Courts have significant penalties. There are three main suspended license offenses which vary with the reason for the suspension.  All of the charges require driving on a suspended license and notice to the driver of the suspension.  A license can be suspended for being a negligent operator, too many moving violations within a period of time triggering a suspension.  There can be a suspension for failure to appear on a traffic tickets, or an alcohol related DUI suspended license for for driving under the influence or over the legal limit of .08 blood alcohol (B.A.) level or .01 or more for minors or probationers.

Do Vista DUI cases require driving being observed?

Vista DUI cases, as well as DUI cases throughout California, do require driving but may not require the driving actually being observed.  There does have to be evidence beyond a reasonable doubt that the person charged with a driving under the influence or driving with .08 B.A. level or more actually drove while impaired or over .08 B.A.

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