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Law Offices of Jonthan Franklin - Blog
California Vehicle Code 23612 covers implied consent laws with respect to driving under the influence or DUI charges. Implied consent basically means that anyone who operates a motor vehicle in the state has given his or her consent to chemical testing. The chemical testing includes taking a sample of a driver’s blood or breath after being stopped for suspicion of DUI. In other words, the implied consent law requires drivers to submit to a DUI chemical test when a police officer requests him or her to do so.
If you have a prior driving under the influence, or DUI, conviction, a new arrest and subsequent charge may have devastating effects. With each DUI conviction, penalties dramatically increase. For example, a fourth DUI charge may become a felony. As a result, you can face time in a California prison, if convicted.
Arrested for driving under the influence, or DUI? There is good news. You have only been charged, not convicted of DUI. Do you want better news? Retaining a DUI defense lawyer experienced with drunk driving cases could help you beat the charges. You see, a DUI defense lawyer has many strategies to use in a DUI case. One of the most effective defense strategies is challenging the chemical test.
You were involved in a traffic accident. The last thing you are thinking about is hiring a criminal attorney to represent you. Unfortunately, some drivers are charged with driving under the influence, or DUI, or another crime after being in a car accident. You may be one of them.
A police officer must have a reasonable suspicion that you committed a criminal offense and/ or a traffic violation to stop you. Sometimes a traffic violation or criminal offense happens as a police officer is driving in traffic. He or she notices a driver commit a crime or violation and pulls him or her over for a traffic stop. However, police watch people drive to spot erratic driving behavior, as well.
A California driving under the influence, or DUI, charge is so serious that it can cost you thousands of dollars and make your dream job impossible to get. The following are things you can do to avoid getting a DUI prior to ever getting stopped by police. These ways may actually decrease you odds of being arrested for DUI.
It occasionally happens. Sometimes drunk driving cases actually make it to a trial by jury. When they do make it to the trial phase, it can take a long time to conclude because of unforeseen circumstances. For instance, a lawyer may have scheduling conflicts or the court may have too many cases scheduled on one day. Those types of problems are common, but what about when an important witness cannot make it to court.
California has enhanced penalties for driving under the influence, or DUI, depending on certain factors like speeding or prior DUI convictions. Another factor is having a minor in the vehicle at the time of an alleged DUI offense. According to the state’s vehicle code 23572, the enhanced DUI penalty includes mandatory jail time. The amount of time received depends on whether the DUI conviction is the driver’s first, second, third or more.
An arrest for driving under the influence, or DUI, or accumulation of enough points on your driving record gives you the option to request a DMV hearing. A hearing at California’s Department of Motor Vehicles is your only chance to contest the administration per se, or APS, license suspension. In California, after you are arrested for DUI, you have 10 days to request the DMV hearing. The Law Offices of Jonathan Franklin has handled DUI related APS hearings long enough to know the five things you should understand about the hearing:
California takes driving under the influence extremely seriously. That is why there are tough penalties for DUI convictions. One tough penalty is called Ignition Interlock Devices, or IIDs. If you are convicted of DUI, the court may make installing an IID part of your sentence.
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