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Posts tagged "DUI Lawyers"

How much do DUI Programs in North San Diego County cost?

The DUI programs in North San Diego County vary in cost depending on which program you are required to attend and whether you are paying for it up front or in payments.  The only program location authorized for the DMV and Court mandated DUI program is Occupational Health Services (OHS) in San Marcos, California.  In San Diego County, there is one authorized provider in each area of the county, El Cajon, San Diego, and Chula Vista.  There are also authorized providers in every county.

What factors are considered in DUI plea bargaining?

There are many factors considered in plea bargaining and negotiating DUI cases in North San Diego County cases which stem from arrests in Oceanside, Carlsbad, Vista, San Marcos, Escondido and Encinitas California.  The facts of the cases themselves are very important.  They include the dangerousness of the driving, attitude with the officer, prior record, field sobriety tests and blood alcohol level (B.A.).  Blood alcohol level is probably one of the most important, but two people arrested for a DUI with the same B.A. may not necessarily get the same resolution.  It is a consideration of all the factors along with the circumstances and background of the individual arrested which may achieve the best result. Other legal onsiderations include any potential problems with the case like witnesses, testing or search and detention issues.

Is a DUI with an accident a felony?

A DUI with an accident is a felony only if another person is injured.  A property damage only accident with a DUI is a misdemeanor in Oceanside, Carlsbad, Escondido, Vista and everywhere in California.  However, an accident is an aggravating factor even on a misdemeanor, regardless if it is a single car accident with no other proerty damage.  Courts consider driving under the influence of alcohol or a drug to be more serious where there is an accident of any kind and sentences are generally greater.  Clearly the more damage or more dangerous the driving makes the case more serious and will generally result in greater sentences.

Is an Out of State DUI Program Allowed for my California DUI?

You can attend a DMV program out of state for a California criminal DUI conviction, however, it will not fulfill the California DMV program requirement for keeping your California driver's license and it will not make your out of state license valid in California.  Your out of state license may be valid in 49 other states but not in California until you fulfill the California DMV requirements which include the appropriate California DUI program, SR-22 proof of insurance for 3 years and payment of a reissue feee to DMV.

Does a DUI Arrest require me to stay in California for Court?

A misdemeanor DUI does NOT require you remain in California for Court.  California Law allows an attorney to make your appearances in Court on your behalf for misdemeanors without you.  The retained attorney can also set up and handle any DMV Hearing.  If you do not have an attorney, then you must physically appear, no one else can appear for you and your failure to appear will result in a forfeiture of bail or bond, a warrant for your arrest, suspension of your license, and possibly an additional charge for failure to appear.

Driving on a Suspended License for DUI is Serious in Vista Court

Driving on a suspensed license for DUI can have serious consequences in Vista Courts.  There are several reasons a divers's license can be suspended in California and each has slightly different consequences with the most serious resulting from driving because of an alcohol suspension for DUI.  All suspended license charges are misdemeanors and carry large fines and potential custody or alternative to custody, additional suspensions and 2 points on your driving record.

Drug DUI Offenses are not eligible for Diversion in North County

Drug DUI offenses are not eligible for Diversion also known as PC 1000.  The law excludes these offenses for treatment in lieu of prosecution in North County and all of California.  Drug DUIs are treated similarly to alcohol DUIs with probation, fines, programs and possibly custody or an alternative to custody like public work or community service.  Every jurisdiction may treat these offenses slightly differently so it is important to hire an attorney who practices regularly in the Court where your case is being heard.

DUI Blood Reanalysis Requires a "Blood Split"

A DUI blood test usually take at least 3 weeks to be completed from the time of the offense by the San Diego Crime Lab.  The testing only uses a portion of the blood that was drawn, there remains plenty of blood for retesting if desired by a defense attorney on behalf of their client.  The sample does have preservative in it so it doesn't degrade.  

A DUI Stop Requires a Reason to Pull You Over in Vista

A DUI stop requires a reason to stop and detain the vehicle in Vista and all of California.   There are situations where an officer legally contacts an individual which results in a DUI arrest when no stop is made where witnesses or circumstances are used to prove driving.  If the officer pulls someone over, he must have a probable cause to do so.  An officer does not know if a driver is intoxicated or has been drinking or used drugs until the officer contacts the driver after a stop.  There may be some telltale signs or driving patterns that tend to indicate an impaired driver like continual weaving, but cars are pulled over for many reasons, which do not give any indication of impairment.

DUI Refusals to take Field Breath in Vista may be an Issue

A DUI refusals to take a field breath test can be an issue for some people.  A field bresth test or P.A.S. Test must be taken if you are under 21 or are on probation for a DUI, you will loose your license for one year if you refuse. You still have a right to a DMV Hearing concerning the issue if you set it within 10 days of your arrest.  If you are not under 21 or on DUI probation, then as long as you take the regular breath or blood test and do not refuse, there are no DUI refusals or refusal suspension. A refusal requires legal detention, advisals and a refusal.