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WHAT HAPPENS WHEN A CALIFORNIA DRIVER IS ARRESTED FOR DUI/DWI IN ANOTHER STATE

Most states, including California, are members of the Interstate Driver’s License Compact (DLC), which is administered by the U.S. Department of Transportation, National Highway Traffic Safety Administration. The DLC is an agreement between member states to share information about driver violations, including DUI/DWI driving convictions. Pursuant to the DLC, member states are required to report driving convictions to the state in which the driver holds a driver’s license.

Let’s say you are on vacation in Arizona, you go out for a night on the town and get stopped and arrested and eventually convicted of driving under the influence (DUI). Or let’s say you used to live in Texas but now live in California. Four years ago, you were convicted of driving while intoxicated (DWI) in Texas. In both of these cases and in almost any case where a California driver has an out-of-state DUI/DWI conviction on his or her record, it will be treated as a DUI on the California driver’s record as if the DUI conviction occurred in California.

In the case of our hypothetical California driver convicted of DUI in Arizona, the statute mandates the suspension or revocation (depending on prior DUI convictions) of the driver’s California license to drive, just as if the conviction occurred in California. In the case of the Texas driver who moved to California, the DWI conviction will remain on the driver’s California record just as if the driver had been convicted four years ago of a DUI in California . In both cases, the out-of-state DUI/DWI conviction will appear on the California driver’s record and will count as a prior DUI under California law.

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Can I Fight My DUI Case

Being arrested for driving under the influence of alcohol or drugs doesn’t mean that you will be convicted of driving under the influence. An experienced DUI defense lawyer will know the defenses available and will know what to look for when reviewing your case.

Your driving pattern is usually the first thing an arresting officer notices, and is usually the first thing the District Attorney will focus on. The police report will most likely document some sort of traffic violation or weaving within your lane. But, just because you are a bad driver doesn’t mean you were intoxicated. People commit traffic violations all the time while sober and weave within their lanes for a variety of reasons. So, these driving patters, which an officer relies on, are not a reliable indicator that an individual is driving drunk.

When you hear the word “enhancement”, it sound like a good thing. But when you are talking about enhancement as it relates to a DUI sentence, it means that the potential sentence may be enhanced, meaning additional penalties.

An enhancement adds additional penalties to a dui penalty due to some other factor associated with the dui incident. Here are some situations, which may cause an enhancement:

  1. If you refuse to submit to a blood alcohol test after you have been arrested, the District Attorney may add an enhancement, which could result in additional jail time or higher fees and fines.

In California, driving under the influence is considered a serious offense and the consequences to such a crime reflect just how serious it is. The consequences are set up so that it impacts one’s life in such a way as to deter the offense from happening again. However, there are those who do end up with multiple DUI’s, and with each new charge, the consequences become more severe.

While driving under the influence in general are filed as misdemeanors, there are situations where it may be charged as a felony. Among those situations is if you are arrested and charge with a fourth DUI, within a ten-year period of time. As mentioned above, with each new conviction, the consequences become harsher. Four a fourth DUI, the maximum period of sentence for a felony DUI, without any injury to any person, may extend up to three years.

Other circumstances that may cause a DUI to be filed as a felony are: 1) Bodily injury to another person and 2) If you have at least one prior felony DUI on your record.

Being arrested for DUI is embarrassing and can cause extreme anxiety, as well as the effect is has one one’s day-to-day life. My job is to help you through this long, complicated process. From the DMV Administrative hearing all the way up to Trial, if necessary. In prior blogs, I have discussed some of the different defenses to driving under the influence. There are many ways to challenge a DUI but each case is unique and must be looked at individually. In some situations, when none of the defenses seem to fit your case, you may decide that you want to go to Trial rather than pleading. It is also my job to advise you of both the pros, as well as the cons to such a decision.

There are many charges that can be associated with a driving under the influence. They include DUI of not only alcohol but also prescription drugs or marijuana. Police Officers can now charge you with DUI even if they didn’t see you drive but you were behind the wheel. This is known has having physical control over the vehicle. These types of cases are complex but can be successfully challenged and won. Reckless driving and negligent driving are also charges that can come with a driving under the influence charge. Driving on a suspended license, hit and run, minor in possession of alcohol and furnishing liquor to a minor are other charges that I have defended that were associated with DUI charges.

A conviction for driving under the influence is a serious charge and the consequences can be quite extreme, depending on the circumstances. As discussed in prior blogs, the punishments for DUI vary depending upon whether it is your first, second, third, etc., how high your blood alcohol level was, was there an accident involved, were there children in the car, etc. A conviction results in a loss of your driving privilege for a period of time, along with other consequences. Just the loss of your driver’s license is bad enough. So taking the time to find the right attorney and ask questions is important and can make all the difference in the outcome.

As anyone who has been convicted of driving under the influence can tell you, the consequences definitely have a negative impact on one’s life. But, the consequences of multiple convictions will result in much more than just having a negative impact; it may, and usually does, result in jail time. How long depends upon several things such as 1) how many priors you have; 2) your blood alcohol level for this arrest, as well as the other; and 3) whether the priors are “priorable” meaning were they within the past ten years.

In a situation where the evidence in your most recent arrest for DUI is so overwhelming that a conviction is imminent, your defense attorney should begin to focus on alternatives to jail time. Because law enforcement and courts are cracking down on driving while intoxicated, they are demanding that multiple offenders be ordered to spend time in jail, or in some cases prison, depending upon the circumstances. One alternative to spending time in jail is “SCRAM” and could be the alternative to jail time if you have a good DUI defense attorney. Below is more information on SCRAM and how it works.

SCRAM stands for Secure Continuous Remote Alcohol Monitor. It is a high-tech monitoring tool used to track an individual’s alcohol consumption and is worn like a bracelet on the ankle of the individual being monitored. The individual wearing the bracelet can be monitored 24 hours a day, seven days a week. The bracelet is able to read the blood alcohol level and report those readings to law enforcement. The difference between a blood or breath test and SCRAM is that, unlike blood and alcohol tests, the bracelet can obtain a sample of the wearer’s sweat and can detect any alcohol that may be present in the person’s skin. While being worn, the wearer’s sweat is tested every half hour. Any amount of alcohol detected would be a violation in that those who are fortunate enough to wear the SCRAM bracelet in lieu of jail time are not allowed to consume any alcohol at all, regardless of how little they consume.

A 23-year-old Costa Mesa man has been charged with second-degree murder after he allegedly sped through a red light in Santa Ana and struck a car in which a 20-year-old woman was a passenger. The woman was pronounced dead at the scene.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second-degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second-degree murder can be charged when there is a death and the person who was drinking and driving acted with “implied malice” or a conscious disregard for life. Second-degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk driving, this is known as a “Watson Warning“. The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

In Orange County California, being under 21 and driving with a blood alcool of 0.01% or greater subjects you to the penalties under California’s “Zero Tolerance Law”. This means that even if you have only one drink, you may be found guilty of the offense. You do not need to be found to be “under the influence”, only that you consumed some measure of alcohol. Penalties for a minor being convicted of DUI vary according to the circumstances. Violating California Vehicle Code 23140 is an infraction and therefore not filed as a misdemeanor or felony. However, certain circumstances can cause the punishment to be more severe. Possible sentences include three to five years of informal probation; $390.00 to $1,000.00 in fines; up to one year in county jail; mandatory court-appointed alcohol class; and a six month driver’s license suspension.

The Department of Motor Vehicles has it’s own punishments/consequences for minor’s drinking and driving. If a minor violates the Zero Tolerance Law he or she will lose their driver’s license for one year, be required to attend and complete a minimum three month alcohol program; and possibly be ordered to participate in a “Youthful Drunk Driving Violation Program”. Participation in this program includes a visit to an E.R., the coroner’s office or a chemical dependency recovery center.

Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

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Orange County law enforcement agencies conducted a campaign to crack down on drivers driving under the influence over the Memorial Day holiday. The campaign was carried out by the multiagency anti-DUI task force known as “Avoid the 38,” which includes the Sheriff’s Department, local police departments, and the California Highway Patrol.

148 people were arrested on suspicion of Driving Under the Influence through checkpoints and saturation patrols conducted in Irvine, Fullerton, Costa Mesa, Newport Beach, Tustin and other Orange County cities, These checkpoints were conducted from Friday through Monday evening. During last year’s enforcement period, 139 DUI arrests were made.

DUI Roving Saturation Patrols and DUI Checkpoints have become new tools in the Orange County Sheriff’s Department’s efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints because the deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

A 26 year old Orange County, CA, man was arrested and subsequently charged with murder and Felony DUI after hitting a car in which four teenage girls were passengers. A 14 year old girl was killed, another critically injured and the other two, including the driver, were treated for their injuries and released from the hospital.

This man is facing very serious charges. Felony DUI falls into three categories. Misdemeanor, Felony and “Wobblers”. A wobbler can be charged either way. However, drunk driving that causes the death of another is nearly always charged as a felony DUI.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second degree murder can be charged when there is a death and the person who was drinking and driving acted with “implied malice” or a conscious disregard for life. Second degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk-driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk-driving, this is known as a “Watson Warning“. The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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