California DUI Information

How Accurate Are Breath Tests For Drunk Driving?

Admin — Fri, 15 Jan 2010 23:07:51 +0000

If you are pulled over for suspected drunk driving, law enforcement typically use breathalyzers to measure the alcohol content in your body.
However, did you know that there are many factors that could affect the reading of a breath test?

For many years now DUI defense lawyers have been fighting against the accuracy of breathalyzers. Lawyers have discovered that body temperature, the food you eat, breath patterns, and other compounds in the breath can cause the breathalyzer to produce a false reading.

The legal blood alcohol content limit in California is 0.08%. But as you will see in the video below, there are other compounds besides alcohol that can cause a very high BAC (breath alcohol content) reading.

One important thing to know is the importance of maintaining these breath analyzing machines so that they produce accurate BAC readings. As the lawyer explained in the video, these machines shoud receive maintenance every 10 days or 150 blows.

So, regardless if you’ve been drinking or not, it is important to hire a DUI lawyer if you’ve been arrested for a drunk driving. An experienced attorney can investigate and discover if you were indeed illegally driving under the influence of alcohol.
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Been arrested for a DUI in San Diego? Make sure to hire professional and experienced San Diego DUI lawyers to help you with your case.

A Better Way to Prevent Drunk Driving?

Admin — Mon, 28 Dec 2009 04:57:09 +0000

Could there be something wrong with DUI laws and penalties? Currently our justice system puts DUI offenders in jail and charges them nominal fees. Yes, some offenders have to take attend a DUI program, but what is missing in this equation?

Consider this new DUI law that was recently passed in South Carolina…

Lawmakers have passed a judicial mandate for the clinical assessment and appropriate treatment of every DUI offender convicted of a DUI. People who have been charged for drunk driving will be assessed to determine whether he/she is an alcohol abuser or alcohol dependent. Alcohol abusers must attend a program of two classroom hours twice a week for four weeks. Offenders who are assessed to be alcohol dependent must enroll for therapeutic outpatient treatment, three three-hour sessions a week for eight weeks, or longer depending on how well they do.

This new law in South Carolina goes into effect early next year and participants will be subject to contempt of court punishment if they don’t enroll in a program and make satisfactory educational or treatment progress.

In California there are rehabilitative programs that DUI offenders must also attend. There is a 30-month program for offenders who have had multiple convictions, but how well this program is enforced is questionable.

Source: GreenvilleOnline.com

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DUI in California: Vehicular Manslaughter

Admin — Sat, 19 Dec 2009 00:16:33 +0000

It’s sad and unfortunate that many car crashes involving alcohol result in the death of another person. Has this happened to you?

If you’ve killed another person while drunk driving, it’s possible that you may be charged with vehicular manslaughter. Vehicular manslaughter is considered a crime of driving a vehicle negligently and directly causing someone’s death. Also, you could be charged with vehicular manslaugther if someone in your vehicle dies during the time you were illegally driving drunk. You may also face a charge of murder.

There are four types of vehicular manslaugther charges in the state of California. Listed below are the penalties associated with each of these charges:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. Penalty: Up to 1 year county jail, or 4,6 or 10 years state prison. Note: With one or more priors of this or certain other vehicular felonies, 15 years to life in state prison (“Courtney’s Law”).
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. Penalty: Up to 1 year county jail, or 2,4, or 6 years state prison.
PC 192 (c)(2): Vehicular manslaughter without gross negligence, without intoxication. Penalty: Up to 1 year county jail.
PC 192 (c)(3): Vehicular manslaughter while intoxicated, without gross negligence. Penalty: Up to 1 year county jail, or 16 months, 2, or 4 years state prison.

What are the steps to take if you find yourself in this type of situation?

Due to the severe nature of this type of case, it’s highly recommended that you contact an experienced drunk driving defense lawyer immediately. It’s imperative to talk with a lawyer who has experience in these types of DUI cases.

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Need help with a DUI arrest in San Diego? Contact professional and experienced San Diego DUI lawyers who specialize in drunk driving cases.

Questions To Ask Yourself Before Hiring a DUI Defense Lawyer in California

Admin — Mon, 30 Nov 2009 04:52:33 +0000

There are many DUI defense lawyers in California – which can make a decision to hire one quite the challenge. Which one do you hire?

Here are some questions to ask yourself before you make this important decision:

Does the DUI defense lawyer specialize in drunk driving cases? The more experienced a DUI defense lawyer is, the better he/she will be at investigating your case. An experienced DUI lawyer will be knowledgeable about current California DUI laws and procedures.

How easy is it to get a hold of the lawyer? Are you able to call or email them and receive a response back within a reasonable time? A lawyer who is constantly in meetings or wants you to talk to their partner or secretary may not be the lawyer for you.

Is the actual lawyer going to represent you when you go to court or will he/she send an assistant?

How comfortable do you feel when you talk to this DUI lawyer? Does he/she treat you with respect? Make sure to hire someone who is open and honest with you.

Do your due diligence when hiring DUI defense lawyer in California and make sure that they’re registered with the Better Business Bureau. Also, don’t hire a lawyer based on price alone. Keep in mind that your future and driver’s license are at stake. You want a lawyer who will represent you to the best of their ability and who really wants to help you. You may have to pay more for an experienced lawyer, but in the end it will probably be worth it.

If you’ve been arrested for drunk driving in San Diego County, don’t hesitate to contact an professional and experienced San Diego DUI lawyer.

Penalties For Drunk Driving in California

Admin — Sat, 28 Nov 2009 22:03:50 +0000

Being charged for drunk driving in California is something that can tarnish your record for a long time. The penalties for a DUI can be severe depending on previous offenses. The court will look at the many factors involved and the circumstances surrounding your arrest.

When a drunk driving case goes to trial, there are a few things the court will consider including:

The number of drunk driving arrests you’ve had in the past

Whether or not you provided a breath or blood test

Injuries or death to another person

Driving drunk with a child or minor in the car

Reckless driving or speeding

What kind of penalties can you expect? In the state of California you are looking at:

License suspension

Mandatory alcohol or drug rehabilitation programs

Heavy fines

Court probation

Mandatory ignition interlock device installation

Mandatory 48 hours jail sentence which can be converted to community service

Going to court for a DUI charge can be a stressful process if you are unfamiliar with California DUI laws. Although it’s not mandatory, it’s in your best interest to hire an experienced lawyer.

Article provided by San Diego DUI attorneys…