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Archive for November, 2010|Monthly archive page

Consequences of a Fourth or Felony DUI Conviction in California

In California DUI Consequences, Criminal Court Protocol, Helpful DUI Information on November 25, 2010 at 1:04 pm

If you have three prior DUI convictions within the state of California within 10 years, your fourth DUI conviction will likely be seen as a felony.  However, this is not the only way a person can be charged with a Felony DUI.

Being convicted of 3 prior DUI convictions is the most common way for an otherwise misdemeanor DUI to turn into a felony violation. Again, a DUI can be charged as a felony when :

  • 3 DUI Convictions within the ten year period
  • If you were previously conviction of a Felony DUI, all subsequent DUIs will be charged as a felony.
  • DUI with Great Bodily Injury and/or death

The consequences of a felony DUI varies greatly with the circumstances of your recent felony DUI arrest, what jurisdiction your felony DUI was out of and what type of felony DUI it is how are generally are as follows.

Consequences & Penalties for a 4th DUI

  • * 16 months to 2 years Jail Time
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal

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For a DUI with Great Bodily Injury, your DUI will also be a Felony.

Were you recently involved in a accident and were arrested for DUI?  Was there an injury involved with the accident that was severe?

If so, you are likely charged with  23153(a) “DUI causing injury.”  In order to be convicted of felony 23152 (a), the state must provide that you were driving under the influence of alcohol and/or drugs, the cop had enough evidence to arrest you for a  DUI, and during the course of the DUI you injured another party.

To be convicted of 23153 (b), the People must prove your blood alcohol level was above a .08% at the time of the accident however, you do not need to have a blood alcohol level above a .08% to be arrested for and convicted of felony DUI.  Instead, the People will prosecute you for 23153 (a) only.

Consequences & Penalties for a Felony DUI with Injury

  • * 2-4 Years State Prison
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * Victim’s Restitution (can be in excess of a $100k.)
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal

Consequences of a Third DUI Conviction in California

In California DUI Consequences, Helpful DUI Information, Probation Violant and/or Warrants on November 25, 2010 at 12:56 pm

In California how much jail time would you get for your 3rd DUI considering…?

you never did anything about your previous 2 DUI’s. My friend just got his 3rd DUI and he never went to his classes or court for his first 2. So basically he had bench warrants for his first 2 when he got caught and received his 3rd just last week. He’s now in jail and I’m just wondering how much time he will serve. His first 2 were within a month time frame and this 3rd one just happened 1 year later. For some reason he’s under the impression he might get out ASAP and report back on weekends only but this doesn’t sound realistic to me.

In California,
General Consequences are as follows:

Consequences of a Third DUI in the State of California

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  • *Required Jail for 3rd DUI: 120 Days to 1 Year
  • * Fines $2,500 +
  • * License Suspension: 3 Years to 10 years
  • * Ignition Interlock Required
  • * 18 Month Multiple Offender Alcohol Program
  • * 3-5 Years Probation, Formal or Informal
  • * MADD Panel*
  • * DUI Court*
  • * Morgue Program*
  • * Community Service*
  • *Depending on Jurisdiction

The amount of jail time he’s looking at depends on the circumstances surrounding his 3rd offense DUI as well as his priors. Jail time can depend on the follow facts
What court he’s out of
What judge he’s before
What his BAC was on his prior DUIs
What his BAC was on his current DUI
Was there an accident.

For instance, if he has a 3rd DUI in Los Anglees, he could be released rather quickly. The jails are totally over-populated and they routinely let individuals which must more serious offenses out in nearly no time at all.

If he’s in Orange County Jail and they know about his priors, he could be there for months if not a year, especially considering the probation violations.

If he is interested in learning more about the exact consequences he’s facing for this 3rd DUI, call 877-717-2889 to speak to an experienced DUI attorney. I’m available evenings and weekends. Or visit http://dmv-dui-attorney.com/multiple-dui…

Disclaimer
Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship

Consequences of a Chemical Test Refusal During a DUI Arrest in California

In DUI Drivers License Consequences on November 25, 2010 at 12:50 pm

What happens if you refuse a breathalyzer?

and you’re brought in for a blood draw and test negative? Were you technically arrested, and if so, on what charges…if you ended up testing negative for DUI? 

It’s a hypothetical question…I just always wondered how that would work?

  • 1 month ago
  • (Tiebreaker)

Additional Details

I guess I just don’t understand why…if you haven’t been drinking, regardless if the officer THINKS you’ve been (and could be wrong)…and you simply refuse to take the breathalyzer for whatever personal reason…you’re still penalized as if you had been.
ANSWER:
In California 

There are two things that can happen if you refuse a chemical test.

1. The police officer will read you the refusal admonishment which tells you you’re going to lose your license for at least 12 months. Then you will be arrested and charged with a dUI with refusal enhancement. The evidence will be based on the officer’s observations of intoxication, smell of your breath, etc.

2. In some counties, if you refuse the chemical test, they will read you the admonishment as described above, they will then have 2-3 police officers enter the room, hold you down, and forcefully draw your blood. You’ll then get your blood alcohol level at court, be charged with a DUI with a refusal enhancement and still be facing a mimum of 12 months suspension if you lose or fail to contact the DMV.

Ohh, this is all legal too.

Source(s):

What Happens if you go to court per the ticket and your DUI case isn’t filed?

In Criminal Court Protocol, Uncategorized on November 25, 2010 at 12:47 pm

My boyfriend got a DUI in CA,showed up for court date and they had no record of him and the DUI. ?

Was told to call District attorneys office, they also have no record of the DUI. Is there a status of limitations?
er
A:  THE DISTRICT ATTORNEY HAS 1 YEAR TO FILE CHARGES.
In California, 

The district attorney has 1 year from the date of arrest to file charges for a Misdemeanor DUI.

Due to budget cut backs, lack of staffing, etc, the DAs are behind on their filings. I currently have 4 cases that “weren’t filed” the day of their court date. It doesn’t mean the DUI charge is automatically dropped.

Generally, if they’re not filed by the first court date, they’re filed 30-60 days after that date. However, I have had 1 case where the DA has filed 13 months after the date of arrest, of course a motion was ran and this case was dismissed, but the DA did try to push it through.

I have had several cases filed 10-11 months after the date of arrest, but this is not the norm.

If you need further information about DUI arrests or are interested in hiring a California DUI attorney to represent you, call 877-717-2889 to speak to an experienced DUI attorney.

Source(s):

San Diego DUI Arrests & Military Consequences

In Helpful DUI Information on November 25, 2010 at 12:31 pm

If you were recently arrested for a DUI in San Diego, and are currently an active military member, a DUI can have serious consequences to your military record.

Individuals arrested for San Diego DUI not only face a driver’s license suspension, they also face loss of rank, reputation, pay, and possible discharge from the military.  Often times, hiring a qualified DUI attorney can limit if not extinguish the consequences of your DUI arrest.  For more information, contact an experienced DUI attorney.