California DUI

Driving under influence can be a serious mistake in California which may put your future at stake. Driving with at least 0.08 level of alcohol in your blood would constitute a DUI and for commercial drivers level of alcohol above 0.04 would be chargeable.

        In California, DUI is a priorable offence which means that every time you are charged for DUI, your penalties would increase and if you have been convicted for a felony DUI, you are in midst of great catastrophe.

 To constitute a felony while driving under influence either of these must be present:

1. you had been charged for fourth or more DUI within 10 years of your first proved charge
2.  there has been a prior felony DUI charge on you
3.  you caused bodily injury to anyone other than yourself or you committed a vehicular manslaughter.

        Bodily injury need not result in loss of work or health of the other person but if, there is no actual harm, it is on will of district attorney whether he wants to pursue the case like a felony or misdemeanor.

       The consequences of being charged for a felony DUI include at least one year of state prison, parole, higher fines, loss of license for a period of few years, alcohol abuse classes to name a few and these increase substantially with every mistake committed. Ideally you need help of California Criminal defense lawyer as soon as your license is confiscated by the officer because only a skilled DUI lawyer can help you to get maximum relief.

        California DUI arrests lead to 2 separate and independent cases and that are In the Department of Motor Vehicles (DMV) and In Court. Proceedings of both these cases take place independent of each other and verdict of DMV does not affect the other but in certain cases conviction from Criminal Court may lead to suspension of license from DMV.

        Time is of great essence at both places but case with California DMV is far more time sensitive. If the accused driver does not request a hearing with DMV within 10 days from the date of his/her arrest, their driver’s license will be suspended automatically after 30 days from the date of arrest. This is also true for drivers licensed in other states but arrested for DUI in California. Also, if you have been arrested for multiple driving under influence, it becomes very crucial for you to consult a skilled and experienced California DUI lawyer who could prepare a solid defense for you as well as try to overturn your past DUI convictions because the jury in both DMV hearing and Criminal Court may be influenced by your prior convictions and would be willing to penalize you more harshly.

        DUI convictions have many repercussions but it is hardly the end of the world. A California criminal defense lawyer after conviction could petition the court to get your crime expunged only if felony could be reduced into a misdemeanor. An expunged crime can give you right in certain circumstances to legally say that you were never convicted.

       Other relief that your California DUI lawyer can get for you is Certificate of Rehabilitation and Pardon, both these although do not give you right to say that you had never been convicted but lifts many bans that were imposed on you due to felony DUI convictions.