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California DUI defense lawyerDriving under the influence is dangerous, and it can be deadly if the right conditions are present; that is why California takes DUI charges so seriously. If you are convicted of a DUI charge in California, you will be required to attend a DUI program as a part of your sentencing. These programs are designed to reduce the number of repeat DUI offenders and give people the opportunity to get help for drug or alcohol problems.

If you are ordered to attend a DUI program, it must meet state requirements and be licensed by the state of California. Currently, there are around 500 licensed state programs that you can choose from, with costs ranging from a couple hundred to a couple thousand dollars, depending on which type of program you are required to complete. It is important to note that licensed programs are only conducted in person - no online programs will qualify.

Wet Reckless Programs

If you are convicted of a “wet reckless” you were convicted of reckless driving and law officials were able to detect an amount of alcohol in your system. If this was your first wet reckless offense, you will be ordered to attend a 12-hour DUI program, which takes place across six weeks.

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Santa Clara DUI defense lawyerWhen people drive when they are under the influence of drugs or alcohol, their senses are inhibited and they can cause a lot of damage to others. Driving under the influence is always dangerous, which is why it carries such harsh penalties in the state of California. When great bodily injury or death results from someone who is driving under the influence, the charges are increased and become more severe.

Man is Sentenced to Prison for DUI Deaths

A Livermore, CA man was sentenced to 30 years to life last week for the deaths of a mother and her daughter in November 2015. The 39-year-old man was convicted on two counts of second-degree murder after he lost control of his car while he was driving under the influence of alcohol. The man lost control of his car and crashed into an apartment building in Livermore, killing a 46-year-old woman and her 14-month-old baby.

Man Also Charged With DUI for Injury of Children

The death of the mother and her daughter were not the only victims in this DUI case. A 6-year-old and a 7-year-old boy were also struck by flying debris from the crash and were taken to the hospital for treatment. In addition to the second-degree murder charges, the man was also charged with a felony DUI charge for injuring the 7-year-old boy.

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California DUI defense attorneyBeing pulled over by a police officer can be scary in any situation, but it can be especially scary if you are being pulled over for suspicion of DUI. When you are pulled over because an officer suspects that you have been driving under the influence, you will more-than-likely be asked to step out of your vehicle to partake in various field sobriety tests. Field sobriety tests are used to determine whether or not a person’s ability to drive has been compromised because of alcohol, or whether or not there is enough evidence to perform an arrest. If you are arrested for DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration or the amount of a specific drug in your system. If you refuse a chemical test, you could be subject to serious penalties.

Implied Consent Law

In the state of California, any person who drives a vehicle is deemed to have given their consent for chemical testing of their blood, breath or, when applicable, urine to determine the amount of alcohol in their system. This implied consent law can be found in California’s vehicle code, VEH 23612. The law also states that a police officer needs to have reasonable cause to order a chemical test, which is what field sobriety tests are used for. You get to choose if you would like to have your blood or breath tested and must be advised of that right. If either of those tests cannot be performed, or you state that they cannot be performed, you must submit to a urine test.

Consequences for Refusing a Chemical Test

Laws for refusing to submit to a chemical test are much more strict for repeat offenders than they are for first-time offenders. Refusing to submit results in a fine, a mandatory prison sentence if you are convicted of driving under the influence and an administrative suspension of your driver’s license for one year. If this is your second time refusing to submit to chemical testing, you will be subject to a fine, mandatory prison time if you are convicted and a two-year administrative suspension.

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San Francisco DUI defense lawyerThough the United States is one country, there are 50 states that make up the country - and each can make their own laws. Because of this, many DUI laws differ from state to state, and that can cause confusion over what kinds of penalties will be given for a DUI conviction. Whether you are a new resident to California, a new driver on the road, or just are not clear on what the laws are surrounding DUI license suspensions in California, everyone can use a refresher on current laws and punishments for driving under the influence.

Can I Still Drive While DUI Charges Are Pending?

Yes, but only if you request a DMV hearing within 10 days after your arrest. If you do so, you will be able to retain your driving privileges until your case has been resolved.

In California, the state has put into place what is called an “admin per se” license suspension, which is carried out by the California Department of Motor Vehicles (DMV) and is an action that is independent of any criminal DUI charges you may be facing in court. If you were pulled over for a DUI and the officer asked you to complete a chemical test, you face an admin per se license suspension if:

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Posted on in DUI

DMV hearing, San Jose DUI defense attorney, DUI arrests, California DUI law, drivers license suspensionCalifornia has some of the toughest and most strict DUI laws in the country, including a provision that allows the California Department of Motor Vehicles (DMV) to suspend or revoke a person’s driving privileges after he or she is arrested for a DUI under certain conditions. In California, this license suspension program is called Admin Per Se (APS) and is independent of any other fines, jail time, or other criminal penalty administered by the courts if you are convicted of a DUI.

Admin Per Se License Suspensions

The DMV is required to revoke or suspend the driving privileges of any person who is arrested for DUI and:

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