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Posts tagged "DUI Attorneys"

Getting a License Back After First DUI

Getting a license back after a first DUI is a multistep process.  If you had a valid license at the time of the arrest it remains valid until there is a 6 month suspension triggered by a conviction for DUI and usually a second administrative DMV suspension for 4 months for being .08 or more BA (blood alcohol).  These 2 suspensions can run at the same time concurrently.


New 2019 DUI License suspension laws change previous license suspension laws.  There are usually 2 types of driver license suspensions which occurr in a 1st offense DUI case.  There is the 4 month pink sheet administrative suspension for individuals 21 and over with a .08 Blood Alcohol (BA) level or more  and the 6 month suspension triggered by a DUI conviction.   The pink sheet admin suspension required a one month "NO DRIVING" suspension before you could convert the 4 suspension to a 5 month restriction for work and DUI programs.   DUI cases with the arrest after January 1, 2019 are now allowed to get a restricted license right away without the 30 day no driving suspension period before applying.

A Military Base DUI Case is Handled in Federal Court

A military base DUI case is handled in Federal Court downtown San Diego if the base is in San Diego County.  The main bases in San Diego County include Camp Pendleton, Fallbrook Weapons Center, MCAS Mira Mar, MCRD (Recruit Depot), 32nd Street Naval Base and Naval Base Coronado (including NAS Coronado).  The criminal prosecution of these cases include civilian and military personnel who are arrested for DUI (driving under the influence or driving with a .08 or more blood alcohol level).  

Is there a DUI license Suspension on a First Offense?

A DUI can cause a DUI license suspension if convicted of a DUI and/or the blood alcohol (B.A.) level is .08 or more if you are age 21 or more and it is a first offense.  It is possible, however, to convert that 4 or 6 month suspesnion to a restricted license to and from and the course of employment and Court ordered programs.  If you are under 21 years old or on probation for a DUI there is a zero tolerance and a license suspension for 1 year will be imposed.  A critical need restricted license for work or school may be available for a first offense if you are under 21.  There is no restriction for one year if you are on DUI probation at the time of a second arrest.

DUI Criminal Arraignment Proceedings in Vista

DUI criminal arraignment proceedings in Vista and throughout San Diego County, usually start with an arrest for DUI where the individual either remains in custody or bails pending arraignment.  However, sometimes there is an accident where the alleged DUI driver is injured and taken to the hospital and given a citation or later notified of the arraignment  after the blood results become available.

DUI First Offense Restricted License is Available in Vista Cases

A first offense DUI restricted license is available in Vista cases and throughout California.  Los Angeles County requires an IID (Ignition Interlock Device) depending on the resolution.  If you have a 1st offense DMV administrative per se suspension for 4 months for being over a .08 and a conviction, you need to wait for 30 days after the per se suspension starts before going to the DMV and converting the 4 month suspension to a 1 month suspension and 5 month restriction. There are different requirements if you were under 21 at the time of the offense.

When is a DUI Blood test required?

An Officer may require you take a DUI blood test instead of a breath test.  You have to take a blood test if the officer reasonably suspects drugs in your system, you request a blood test, the official breathlyzer is not working properly or available, also if you refuse any test and the officer gets a warrant for a forced blood draw or there are exigent circumstances where a forced draw is done without a warrant. The officer can always ask you to take a blood test in addition to a breath test, and if the breath test you took when pulled over was a P.A.S. field breath test, then you still have to take an official breath or blood test as required to avoid a seperate license suspension for a "Refusal"

Oceanside Harbor DUI Cases

Oceanside Harbor DUI cases are handled usually by the Oceanside Police Department.  The Oceanside Police Department now handles all law enforcement in the Oceanside Harbor area and they have taken over all Harbor Patrol duties.  There are several restaurants and bars in the Oceanside Harbor as well as the Oceanside Yacht Club and over 800 boats and RV camping sites.  The harbor is home to a number of activities and a great place to enjoy being on the water.  The fishing and water activities slow down considerably in the winter, and boating DUIs are less frequent.

What is a Vista DUI Traffic Stop?

A DUI traffic stop is the pulling over a vehicle by law enforcement which leads to a DUI arrest.  There must be a reason or probable cause for an officer to pull someone over.  There are driving patterns which violate traffic laws and tend to be more prevalent with drivers under the influence of drugs or alcohol.  These violations include things like weaving, driving on the shoulder, crossing lane lines, driving in bike lanes and driving well under the speed limit.  Most of these violations late at night and early morning are more likely with a "drunk driver".