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San Jose DUI attorney FAQsNo matter the offense, when you are in trouble with the law, it can be a scary and intimidating experience. When it comes to DUI, the state of California takes these charges very seriously and will usually prosecute offenders to the greatest extent of the law. The consequences for DUI vary greatly depending on the circumstances surrounding a specific case, and those who are facing charges should be sure to understand how the laws affect them. Here are some answers to four of the most frequently asked questions about California DUIs:

How Long Will I Lose My License For?

It depends. There are many factors that can affect how long your driver’s license suspension is in effect. If you are arrested for drunk driving, you may face an administrative per se suspension of your driver's license. If you are convicted of a DUI, you may also have to serve a criminal license suspension. However, if this was your first DUI offense, you will be able to keep your full driving privileges if an ignition interlock device (IID) is immediately installed and used for at least six months. If you do not use an IID, you will be able to drive with a restricted driver's license for 12 months.

Will a DUI Affect My Insurance?

More than likely, yes. If you are arrested or convicted for a DUI, it is not unusual to see your car insurance rates go up to double or even triple what they previously were. In California, you are required to obtain SR-22 or high risk insurance after a DUI. Your insurance provider must send proof of insurance to the California DMV.

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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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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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San Jose boating under the influence attorneyWith California’s year-round mild weather, it is no surprise that nearly four million people enjoy recreational boating in the state each year. Unfortunately, dangerous boating accidents can occur, and nearly 25 percent of all motorboat-related fatalities involve alcohol in some way. California has laws governing alcohol use and consumption while you are aboard boats, much like the laws governing motor vehicles. Charges of boating under the influence (BUI) are similar to DUI charges, and an arrest can affect your driver’s license privileges, which is why it is important to respond to BUI charges as soon as possible.

Harbors & Navigation Code 655

California law states that no person shall operate a vessel while under the influence of alcohol or drugs. This means that not only are you prohibited from using motor boats while under the influence of alcohol and drugs, but you are also prohibited from using:

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San Jose drunk driving defense lawyer St. Patrick's DayWhether someone is of Irish heritage or not, St. Patrick’s Day provides a great opportunity to get together with friends and enjoy a night out on the town. However, the large number of people who consume alcohol during this holiday has resulted in a spike in drunk driving accidents and deaths. The National Highway Traffic Safety Administration (NHTSA) reported that between 2011 and 2015, there were 252 fatalities in car accidents involving drunk driving on St. Patrick’s Day. Due to the increased level of danger from drunk driving, police will be conducting DUI checkpoints in hopes of making arrests for driving under the influence before drivers cause dangerous accidents. 

Avoiding a DUI Arrest

People who are planning to celebrate St. Patrick’s Day should follow these tips to avoid being arrested for drunk driving:

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DUI arrest, drunk driving, San Jose DUI defense attorney, DUI defense, Uber and LyftWhen someone drinks alcohol, one of the first things that is affected is their judgment. This impairment to a person’s ability to make responsible decisions is why otherwise-sensible people may get behind the wheel after drinking, and thus endanger people on the road—actions that can potentially lead to a DUI arrest or a car accident.

In the ongoing campaign against drunk driving, safety advocates have encouraged drivers to use alternate methods of transportation after they have been drinking. In recent years, ride-sharing companies like Uber and Lyft have become available, and these companies have claimed to have reduced the rates of drunk driving. But have they actually made an impact on public safety?

Differing Studies

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