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Posts tagged "DUI Lawyers"

Will a DUI prior make any future DUI a second offense?

A DUI prior conviction stays on your record and can be used against you as a prior for 10 years from the date of offense.  It will make another DUI within 10 years of the offense a second offense.  To be a third or fourth DUI offense, all of the priors must be within 10 years of the new offense.  

Why are DUI arrests greater on 4th of July in Oceanside?

DUI arrests are always greater over the July 4th weekend in all of California, not just Oceanside.  They are usually higher in beach communities in San Diego County like Oceanside, Carlsbad, Encinitas, Cardiff, Del Mar and La Jolla.  More people crowd the beaches for picnics, bar b ques, fun, sun and fireworks.  Usually all these activities are accompanied by alcohol and sun block.  Law enforcement realizes the increased drinking and driving during this weekend and has extra patrols and DUI checkpoints to try and keep drunk drivers off the road.

What "Probable Cause" for a DUI Stop is Justiifed in Vista?

Probable cause for a DUI stop in Vista or anywhere in California can be anything from a moving violation, equipment violation, suspicious actions, citizen report or a number of other reasons unrelated to DUI.  The officer must have a reason to pull you over or contact you.  The officer has no idea whether you are under the influence when he first contacts you in most situations, it is during the contact that he notices objective symptoms or things that indicate you may be under the influence of alcohol and/or drugs.

What value do DUI Field Sobriety Tests have?

DUI field sobriety tests (FST's) are tests that are given to a suspected drunk driver to evaluate impairment.  These tests can be very important evidence of impairment and can work for you as well as against you.  They are designed to evaluate your physical ability and your mental ability.  Your physical performance is important but also so is your ability to follow the instructions

Is a DUI a misdemeanor or a felony in Vista?

A DUI can be either a misdemeanor or a felony not only in Vista, but anywhere in California.  A misdemeanor is any crime where the maximum available custody is 1 year or less in county jail.  A felony is any crime where the maximum available sentence includes state prison or prison commit in excess of 1 year, regardless whether the defendant gets any custody.  A felony "Drunk Driving" is any case which includes an injury to another person negligently caused by an impaired driver or driver with a blood alcohol level of .08 or more.  Also any fourth DUI within 10 years is a felony as is any DUI within 10 years of a felony DUI.

What Happens with a DUI Alcohol Test Refusal in Carlsbad?

A DUI alcohol test refusal in Carlsbad and throughout California, on a first offense can result in the loss of driving privilege for one year and additional custody if there is a Court conviction.  If the driver is under 21 years of age, they must submit to the field breath or P.A.S. test in addition to the official breath or blood test at the station.  If the driver is 21 years of age or older, they must submit to an official breath or blood test only.  There are usually two different proceedings with any DUI arrest.  One is the DMV refusal suspension action which is independent of the Court proceeding, and the other is the actual Court action.

Can Child Endangerment be charged with an Oceanside DUI?

Yes, criminal child endangerment, California Penal Code 273a(a) or PC 273a(b) can be charged with a an Oceanside DUI or any DUI.  Just by having the care or custody of a child and placing the child in a situation where the child could be injured is sufficient for the misdemeanor criminal charge.  Driving under the influence of alcohol and/or a drug with a child in the car usually results in child endangerment charges even if the child is in a car seat or properly seat belted in the vehicle.  This charge can be a felony if the child is willfully placed in a situation "under crircumstances likely to produce great bodily injury or death"  even if they do not suffer actual injury.

Is DUI and "Drunk Driving" the same in Vista Courts?

DUI is driving under the influence means impaired for purposes of driving in Vista Courts, North San Diego County and throughout California.  It is commonly referred to as "Drunk Driving" just like the other DUI code section making it illegal to drive while .08 blood alcohol level (BA) or more.  Technically you do not have to be"drunk", simple impairment is enough.  People often think of "drunk" as a stumbling, slurring intoxicated person, impairment for purposes of driving is far less than that. 

With a Vista DUI, do I need to go to Court myself?

For a misdemeanor DUI case in Vista or anywhere in California, you or an attorney need to be present in Court for your Court appearance.  If you hire an attorney, he can make all the appearances for you on a misdemeanor case.  If the Case goes to trial, then your appearance is generally required. Sometimes, even on misdemeanor DUI cases, especially if there is high BA (blood alcohol) level or priors, a Judge may require you to appear at some point.  No one else, other than an attorney can appear for you.  Failure to appear results in bail forfeiture, a warrant, possibly an additional charge for failure to appear and possibly a hold on your license.

Does an Oceanside DUI carry jail time?

An Oceanside DUI may carry jail time depending on the facts of the case and prior record.  Whether the DUI is in Oceanside, Carlsbad, Vista, Escondido, Encinitas, San Marcos or anywhere in California, there are mandatory minimum sentences and maximum sentences.  Different Courts and prosecuting agencies may have differing policies affecting sentencing.  In North San Diego County Vista Courts, generally in a low blood alcohol non accident first offense DUI case there may be no actual custody and in some cases lesser charges or penalties may be negotiated on a case by case basis.