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Law Offices of Jonthan Franklin - Blog
Car accidents are a leading cause of death among adults in the United States. The most common cause of car crashes is driving under alcohol or other drugs. Due to the high fatality rates of DUI accidents, the Stat of California has put in measures to help curb this behavior on its roadways. One of the standard methods that law enforcement is using to crack down on drunk driving is DUI checkpoints.
A DUI checkpoint is a temporary barricade on the road set aside to stop drivers and check for signs of drunk driving. If you exhibit any signs of drunk driving like bloodshot eyes, alcohol odor in your vehicle, or visible alcohol in your car, the officers will begin a complete DUI investigation. Most of the evidence presented in a DUI criminal case is based on what happens at the DUI stop. If you haven't done anything wrong, you will have nothing to worry about. However, if you are drunk driving, you will be arrested and charged. Therefore, you need to contact a lawyer immediately.
The consequences of a California DUI conviction vary depending on the grounds of your arrest and prior criminal record. Whether it's a first-time offense or a subsequent DUI conviction, the penalties are severe. These repercussions can be severe enough to make it hard to keep your employment or secure sustainable housing.
Fortunately, getting arrested on allegations of DUI does not automatically result in a conviction. If you engage a lawyer to defend your rights, you could be able to beat a California DUI charge. At the same time, a DUI lawyer helps you understand the charges filed against you and their effects. This blog takes a look at the penalty differences between a 1st time DUI offense and multiple DUIs.
If law enforcement officers stop and arrest you at a DUI checkpoint in Los Angeles, it could be a difficult time for you, especially if it is your first arrest. Arrests are generally intimidating and could cause you to admit to everything the officers tell you without thinking about your constitutional rights. The Fourth Amendment of the U.S Constitution protects various rights of its citizens, particularly rights against illegal search and seizure. The police require your consent or warrant conducting DUI tests after a DUI arrest. If you suspect that they have violated your Fourth Amendment Rights, speak to a competent criminal lawyer specializing in DUI cases.
When law enforcers stop you at a DUI checkpoint after suspecting you of driving under the influence, you need to know the necessary information to help you avoid an arrest. The tips come in handy even if the traffic officers decide to apprehend you, as you will have maintained your composure throughout the process.
DUI offenders risk many things, including their driving licenses. It can be hectic for them to start a new life that they are not used to, either by walking or using the public means to go to the places they need to be. Most DUI offenders will need to act fast and retain their rights as drivers and enjoy their freedom. Therefore, they will need a fast and professional legal representation to have their case dropped under all circumstances. Competition in law firms is high, and you have to prove your services are the best in the area you are servicing and that you can listen to all clients, have their questions answered, and their case defended. That will not be possible without proper customer service.
Any time police make a driving under the influence, or DUI, stop they must have reasonable suspicion a driver committed a crime. If a police officer believes a driver committed a crime, the officer can briefly detain you and conduct a short investigation. If the officer notices other evidence of a DUI, the officer will probably request the driver to take field sobriety or Breathalyzer tests.
A driver convicted of driving under the influence, or DUI, may be required by California law to have an ignition interlock device installed on his or her vehicle under a pilot program with the DMV. An ignition interlock device, or IID, prevents a driver from starting his or her vehicle if the device detects alcohol on the breath. Either the criminal court or the Department of Motor Vehicles can order a DUI offender to install the IID.
If you’re facing a driving under the influence, or DUI, charge for the first time, you’re probably worried about the penalties you face. Remember, you haven’t been convicted of any DUI crime. If convicted of DUI, you face the possible penalties listed under California’s Vehicle Code 23536. The section portion of 23536 outlines the possible conditions of probation for a first-time DUI conviction.
A driving under the influence, or DUI, conviction can change a driver’s life forever. Whether a driver knows it or not, DUI consequences extend past probation, fines and time in jail. If you’re arrested for DUI in California, your chances of keeping and obtaining a job can be compromised.
The state allows employers—and potential employers—to see a person’s:
- Driving record
- Vehicle registration
- Criminal record
- Past employers
After a driver is arrested for driving under the influence, or DUI, two types of proceedings start. The first involves the California Department of Motor Vehicles, or DMV. The DMV automatically suspends a person’s driving privileges unless he or she schedules a hearing within 10 days. The second proceeding is a criminal court case. You may think the two procedures are the same, but they’re not.
A DMV hearing is not a criminal procedure and it is independent from your criminal case. It is an administrative hearing to determine whether or not you were driving with a .08 or more blood alcohol concentration level and that you were lawfully arrested. The hearing officer makes this determination after hearing the evidence.
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