Guide To DUI Laws

November 28, 2023

If you are convicted of driving under the influence (DUI) in California, the penalties you will face depend on a number of circumstances.

The facts of the case and the characteristics of the offender, often classified as  “aggravating or mitigating factors,”  typically come into play whether the conviction results from a plea deal or a jury verdict.

However, the maximum and minimum sentences a judge can impose are established by law. In large part, these allowable sentencing ranges depend on the number of prior DUI convictions the defendant has.

In California, driving under the influence (DUI) counts as a prior conviction for ten years. Therefore, a DUI that occurred more than ten years ago disappears for the purposes of determining whether a current DUI is a repeat offence.

DUI Penalties Can Be Avoided Or Reduced

The DUI consequences described below may be reduced or eliminated if the charges are dismissed or reduced to a lesser offence.

Even a DMV license suspension can be fought if you act quickly and hire a Los Angeles DUI attorney. A skilled DUI attorney can request a DMV hearing to save her license and use a variety of negotiation and defense strategies to achieve the best possible outcome for your case.

First Offence DUI

A first DUI conviction in California is a misdemeanour. The convicted motorist faces the following penalties.

Fines A first DUI carries $390 to $1,000 in fines, plus a number of “penalty assessments” that can substantially increase the amount the driver has to pay. The total can be up to $3,600.

Jail A first offender can receive 48 hours to six months in jail. But if the judge orders probation, which occurs in most cases, there is no mandatory jail time.

Often, judges are lenient on first offenders and do not order jail time as part of the sentence.

License Suspension

For a first DUI conviction, there is usually a six-month license suspension. There is also a four-month administrative suspension period imposed by the Department of Motor Vehicles (DMV) if the driver has a blood alcohol concentration (BAC) of 0.08% or more. (Drivers who refuse BAC testing face a one-year administrative suspension.) However, if two suspensions are imposed, they are normally allowed to overlap.

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So the driver will not have to complete two full suspensions. After completing a 30-day “hard suspension” period, a driver may be able to obtain a restricted license to drive to and from places such as work and school.

Conditional Freedom

First DUI offenders typically receive a three-year term of informal probation (although it can be up to five years). As a condition of probation, the defendant typically must complete a three-month DUI school, which consists of 30 hours of classes. However, for defendants who had a BAC of .20% or higher, the program is nine months in length and 60 hours of class time.

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Second Offense Dui

A second DUI conviction is a misdemeanour in California. The convicted motorist faces the following penalties.

  • Fines for a second DUI are the same as those for a first offence: $390 to $1,000 plus penalty fees that can increase the total up to $4,000.
  • Jail: Repeat offenders face 96 hours to a year in jail. However, jail time can sometimes be served on house arrest or through jail-work-alternative programs.
  • License Suspension: For a second DUI, there is a two-year suspension that comes from criminal court and a 12-month administrative suspension for offences involving a BAC of .08% or higher. The two suspensions, however, are generally allowed to overlap. The motorist can apply for a restricted license after completing a hard suspension period of 90 days (one year if the crime was committed while drugged driving.)
  • Conditional Freedom: Repeat DUI offenders typically receive a three-year term of informal probation (although it can be up to five years). As a condition of probation, the defendant must complete an 18 or 30 month DUI school; The judge can decide what kind of order.
  • Vehicle: Mandatory installation of the ignition interlock device in your vehicle.

Third Offense Dui

In California, a third of driving under the influence of alcohol or drugs (DUI) is typically a misdemeanour. A conviction carries the following penalties.

  • Fines. As with a first and second offence, fines for a third DUI are $390 to $1,000 plus fines that can increase the total up to $18,000.
  • Jail. A third DUI results in a jail sentence of 120 days (30 days if probation is granted and a 30-month DUI school ordered) to one year.
  • License Suspension. For a third DUI, there is a three-year suspension that comes from criminal court and a 12-month administrative suspension for offences involving a BAC of .08% or higher. However, the two suspensions were generally allowed to overlap. The motorist can apply for a restricted license after completing a hard suspension period of six months (one year if the crime was committed while drugged driving.)
  • Conditional Freedom. Most third-party DUI offenders must complete three to five years of informal probation. As a condition of probation, the judge has the power to order a 30-month DUI school.
  • Vehicle. Mandatory installation of the ignition interlock device in your vehicle.
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DUI With Injury

November 27, 2023

DUI with injuries. If someone is injured in a DUI accident, they typically face harsher penalties than if it were a standard DUI. DUI injuries are “wobblers”,—meaning they can be charged as a misdemeanour or felony.

If charged as a felony, a DUI injury can result in a prison sentence of 16 months to four years. Depending on the defendant’s history, fines for a DUI with injuries can range from $390 to $5,000, plus fines that can increase the total up to $18,000.

DUI with fatal victim. DUI offenders who cause the death of another person are typically prosecuted under the state’s vehicular manslaughter or murder laws. A defendant in this situation could be charged with:

  • negligent vehicular manslaughter while intoxicated
  • gross vehicular manslaughter while intoxicated or
  • Second-degree murder.

The penalties for these crimes vary greatly. On the low end, for misdemeanour vehicular negligence-homicide while intoxicated with a conviction, an offender can receive up to a year in jail and a maximum of $1,000 in fines. But a second-degree murder conviction carries 15 years to life in state prison.

Commercial DUI

Federal Motor Carrier Safety Administration (FMCSA) regulations for commercial drivers have a set blood alcohol concentration limit of 0.04%. The FMCSA rules state that refusing a blood alcohol test is equivalent to pleading guilty to DUI, and your driver’s license will be suspended.

  • Your commercial driver’s license will be suspended or revoked, and your driver’s license will be suspended for one year for your first offence.
  • The temporary or permanent loss of your job. They must inform their employer within 30 days of their violation.
  • Points will be assessed against your driver’s license, and you could lose all driving privileges.
  • Fines and surcharges

Depending on the nature of the violation, they could face possible prison sentences:

  • 3 years or more if the offence occurs while you are operating a hazardous materials CDL.
  • Life for subsequent offences.
  • Life, if you use a commercial driver’s license to commit a serious crime involving controlled substances.

DUI Immigration

You may be deported, have problems re-entering the United States, or have problems adjusting immigration status if you are convicted of:

  • DUI while driving with a suspended license
  • drug DUI
  • DUI involving child threat charges such as being convicted of drunk driving with a child in the car
  • Multiple DUIs or a DUI topping the list of convictions for other crimes

All non-citizens facing DUI charges must be represented by a DUI defence and immigration attorney who understands both immigration law and criminal law.

Find Out How To Fight A Prescription Drug DUI Charge.

Since you currently live in the territory of the United States of America, you must be fully aware of the legal statutes with which you may have a problem; among them, you must learn how to fight a prescription drug DUI charge.

If you consume prescription medications that may affect your driving, you must know each of the parameters related to this law and how they may affect you.

Therefore, we invite you to read this entire post, in which we will indicate each of the parameters that will allow you to know how to fight a prescription drug DUI charge.…

DUI Laws In Georgia

November 26, 2023

DUI laws in Georgia are extremely strict. Driving under the influence of drugs, any controlled substance, alcohol, or a combination of these is punishable by law.

DUI convictions can result in heavy fines and even serious jail terms, depending on the severity of the DUI offence. Additionally, these charges also carry administrative penalties such as suspension of driving privileges and other consequences such as increased insurance rates, probation, community service, and attending DUI school classes.

While the first two DUI offences within 10 years are considered misdemeanours in Georgia, the third is a high, aggravated misdemeanour. After a fourth DUI conviction, the driver would be guilty of a serious crime and punished more harshly.

Drivers should understand that DUI crimes are never taken lightly. The punishments for DUI Drugs or Alcohol can be severe, and the lasting consequences can follow you throughout your life if you are convicted of a DUI charge.

Consequences And Penalties Of DUI In Georgia

DUI is a serious offence in Georgia and can have some lasting effects on the convicted. First-time DUI offenders typically face 10 days to up to 12 months in jail and stiff fines between $300 and $1,000, depending on the exact circumstances of the DUI charge.

Typically, an individual will be required to perform 40 hours of community service. Additionally, the first punishment for DUI includes probation, as well as completing a DUI Alcohol or Drug Use Risk Reduction Program.

If it is your second DUI offence, the penalties are high. You will spend 90 days to one year in jail, pay a fine of $600 to $1,000, perform at least 240 hours of community service, face 12 months of probation, and attend DUI School and a substance abuse evaluation. Substances.

DUI penalties in Georgia for the third offence include:

  • 120 days to 12 months in jail.
  • Fines of $1,000 to $5,000.
  • A minimum of 30 days of community service.

These drivers are often declared habitual offenders, which can drastically affect their daily lives. Additionally, according to Section 40-6-391.2 of the Georgia DUI law, a driver who has been declared a habitual offender may be subject to forfeiture of the vehicle to the state.

How Long Is Your License Suspended For Dui In Georgia?

While Georgia criminal courts handle criminal penalties resulting from a DUI, the Georgia Department of Driver Services (DDS) will handle Georgia driver’s license consequences under Implied Consent laws.

Georgia has strict regulations regarding DUI offences, such as driver’s license suspension after a first-time conviction. This applies even if the drunk driving offence occurred out of state.

For a first DUI offence in Georgia, you will face up to 1 year of license suspension. However, you may be eligible for early reinstatement after 120 days if you complete an alcohol and drug risk reduction course. You may also need to install an ignition interlock device in your vehicle. Those who qualify for a limited driving license should note that their movements are restricted and include going to work, the doctor, and attending driver’s education or refresher school.

The second DUI carries up to 3 years of driver’s license suspension. A limited permit cannot be obtained for at least 120 days. Following successful completion of a clinical evaluation and substance abuse treatment program and installation requirements for an ignition interlock device, reinstatement after 18 months may be possible.

After the third DUI, the driver will face a 5-year license suspension period. Limited permits for Georgia licensees are not available for at least 24 months.…

How Can Dui Defense Lawyers Help?

November 25, 2023

DUI arrests are taken very seriously in Georgia; Even a first offence can carry significant consequences. These consequences are the result of two different hearings – one is a criminal proceeding, while the other is an Administrative License Suspension Hearing.

 Your Georgia DUI Lawyer must request an Administrative License Hearing or an ALS hearing and is not related to your criminal case. Winning an ALS hearing means the driver can keep their driving privileges.

However, the criminal hearing may additionally result in punishments such as fines, jail time, community service, additional driver’s license penalties, as well as forced alcohol or drug treatment.

Your attorney can help you enrol in a DUI Court program, especially if you have been convicted multiple times of driving under the influence of alcohol or drugs. They can also negotiate possible lighter sentences with the prosecution or even get their charges reduced.

What Are DUI Laws About?

Understanding these laws gives you critical strategies for fighting a prescription drug DUI charge.

First, “Driving Under the Influence,” better known as “DUI,” refers to laws and regulations that prohibit drivers from driving their automobiles under the influence of certain substances.

Typically, the components covered by these laws are alcohol, drugs, chemical components, over-the-counter medications, and even prescription medications.

Does Breaking These Laws Represent A Serious Crime?

Even if you think it is not such a serious crime, you should know that being convicted of a DUI can carry a prison sentence of up to seven years, depending on the conditions in which you drive.

For example, if you take prescription painkillers that impair your ability to react to any unexpected situation and you inadvertently cause a traffic accident, you could be in serious trouble with the law.

This is why you must be completely familiar with every step to take when fighting prescription drug DUI charges or any crime related to these laws.

What Are The DUI Laws For Legal And Prescription Drug Use?

In other matters, a branch of the law mentioned in the previous title focuses primarily on applying penalties to drivers who drive under the influence of prescription drugs.

Above all, it applies particularly with regard to those medicinal substances that have a considerable influence on the functioning of the individual’s body and may considerably affect the way they drive.

This could lead you to experience scenarios similar to the example presented in the previous lines, which can be even more complicated if there are injuries or deaths in the event.

The Law Per Se

Are you one of the people who use medical marijuana to treat diseases such as cancer, lateral sclerosis, seizures or glaucoma? So, it would be best to be careful with this branch of the law.

This variant, for the most part, does not apply to prescription medications, as it focuses on the components of illegal drugs and the percentage of alcohol present in an individual’s blood.

However, in states where marijuana use is fully legalized (such as California, Washington, and Nevada), DUI laws per se are enforced to prevent citizens from driving with high levels of THC in their system.

This is because, in general, this substance tends to affect the driver’s concentration and cause a deterioration in the vehicle’s driving skills. Therefore, great care must be taken with these regulations.…

DUI By Impairment

November 24, 2023

Last but not least, we have impairment DUI charges, which relate to the influence of a prescription drug on a person’s driving behaviour or ability.

What components does this law focus on? Firstly, it is significantly related to painkillers, morphine, antidepressants and others, which, when consumed, alter the normal functions of the body.

To be penalized for this type of DUI charge, the substance ingested must impair the person’s ability to operate the vehicle safely, which can endanger their life and the lives of other drivers.

On the other hand, there are some states, such as New York and Colorado, where even possessing a trace concentration of some drugs could result in impairment DUI charges.

What Are The Circumstances Under Which You Could Be Penalized For A Prescription Drug DUI?

In addition to this, and after knowing the information above, you must remember that consuming prescription medications or pharmaceutical products is not enough to obtain a DUI for disability.

Driving under the strong influence of these drugs, to the extent that it can significantly impair your driving efficiency, may result in charges under the law.

The following are circumstances that could lead to prescription drug DUI charges:

  • Your driving reflexes are noticeably affected, and you need proper vehicle timing.
  • Exceeds the speed allowed in the area and must properly perform the vehicle’s functions.
  • It seems somewhat lost and unstable.

These are the most common situations in which your car could be stopped, and authorities could proceed to determine DUI charges.

Therefore, if you use any of the above substances before driving and find yourself in any of these situations, you will most likely receive a DUI charge. It is vital to learn to defend yourself against them.

Are All Charges The Same For These Situations?

When it comes to fighting a prescription drug DUI charge, it is important to take this factor into account to know what steps to take to win the case.

You should know that each of these cases is evaluated differently, and various risk factors are evaluated because drugs have other effects on the body.

Some medications can even affect concentration, motor skills, alertness, and even your reasoning ability, which is even worse than being arrested under the influence of alcohol in the eyes of the law.

Therefore, you must evaluate whether your situation has endangered your life or the lives of others. Only then will you know how far you should fight a prescription drug DUI charge.

Secondly, the level of influence or concentration of substances in your blood and body is also very relevant when charges are imposed and the strategy to combat them.

What To Do If You Are Charged With Prescription Drug DUI In The United States?

First, if you are arrested or detained on prescription drug DUI charges, you should contact a DUI attorney to help you with the process ahead.

It is recommended that you follow this step to defend yourself correctly and avoid receiving severe sentences or fines because, in these cases, many factors must be considered.

Every element, from the circumstances under which you were stopped to the results of the chemical and intoxication tests, is valid to discredit the accusations made by the arresting officer.

But you can’t do this alone. You should contact a DUI law specialist (a criminal defence attorney) to be your primary support in the process.

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