By author on September 10th, 2008
Reader’s Question:
My father was recently charged with DUI here in Los Angeles, California and I heard them talking about enhancements or something. What does this mean and how is this related to his DUI charge?
Leslie
Los Angeles, CA
What you heard is probably about the possible penalties of your father if he gets convicted for his DUI charge in Los Angeles, California. They might be talking about sentence enhancements on his DUI case. If certain things exist in the DUI case of your father, the law would require more severe minimum penalties. This is what we call sentence enhancements in a DUI case and this includes several factors.
The factors involved include refusing to submit blood alcohol test, speeding over 20 mph on surface streets or 30 mph on highways (which has a minimum jail sentence of 60 days), transporting a child under the age of 14 while committing the DUI offense or having one or more prior convictions within the last 10 years. Also, if the person suspected for DUI has one or two earlier convictions, the amount of jail time and the length of driver’s license suspension are increased considerably. Three or more prior DUI convictions would change the crime from a misdemeanor DUI to a felony DUI which could have state prison sentence.
Tags: drunk driving laws, DUI, DUI lawyer
By author on August 29th, 2008
Reader’s Question:
I know that you would understand that I am hesitant to get a lawyer to defend me on my DUI case in Los Angeles, California because I feel that it will be expensive for me to hire one. Could you tell me how much should I expect to pay a lawyer to represent me in my DUI case?
Aiza
Los Angeles, CA
Every DUI lawyer has something to offer that would set him/her apart from the others. For some lawyers, it would be low fees and for the others, it would be an exceptional reputation and high skills to match. It is a fact in life that you wouldn’t have to find both traits in the same lawyer. If you are looking for low fees to help you on your DUI case in Los Angeles, California, then don’t expect the lawyer to have exceptionally high skills.
In general, DUI defense lawyers charge an upfront flat fee pretrial retainer than billing by the hour like civil law attorneys do. Some lawyers have a hybrid fee structure which would credit the retainer against the hourly billing, but most retainers would simply cover everything needed short of trial. For a big-name DUI lawyer, with a state-wide reputation, you could expect to pay $3500 to $7000 or more for a misdemeanor DUI retainer, and that depends on the location and the lawyer’s reputation. It would also vary if you have one or more prior convictions within seven years because if that is the case, you could expect to pay more. In general the retainer fee would cover both the DMV hearing and the court case, except for trial, which is generally billed additional.
By author on August 27th, 2008
Reader’s Question:
Hi, I live in Los Angeles, California and I haven’t actually been arrested for DUI. But in case I will be charged for DUI and I get a lawyer, what knowledge should a lawyer have when it comes to different blood alcohol testing methods used in a DUI case?
Kate
Los Angeles, CA
If you get arrested for DUI in Los Angeles, California, you definitely have a choice of a breath, blood or urine test to find out your blood alcohol level. This is the reason why every DUI defense lawyer should have sufficient scientific knowledge in order to effectively cross-examine the state’s expert, as well as to present defense expert testimony. Mouth alcohol, absorption, interfering substances, peak and elimination of alcohol, chemistry and other scientific issues are extremely critical in representing a person accused of DUI.
Being knowledgeable on the various breath, blood and urine testing methods and their scientific principles is also required for the competent DUI defense lawyer. Every blood alcohol testing device has its own unique strengths and weaknesses. Those weaknesses should be explored in front of a jury in order to provide the defense with effective assistance of counsel. In several occasions, the chemical testing machines are neither properly operated nor calibrated and this can be attacked by a good DUI defense lawyer who has enough knowledge on the information about how chemical testing machines are being maintained.
By author on August 25th, 2008
Reader’s Question:
A friend of mine was recently charged with DUI here in Los Angeles, California and he doesn’t want to go to trial because he wants to have this over and done with. I heard that he is hoping to have the DUI charges reduced that’s why he is planning to plead guilty. Question is, if his DUI charge will be reduced to wet reckless, will this be considered as a prior in case he gets arrested again for DUI in the future?
Abbie
Los Angeles, CA
You gotta tell your friend that there is a lot at stake if he pleads guilty for his DUI charge in Los Angeles, California and just hope that his charges will be reduced. Yes, there are certain ways that the DUI case could be resolved without proceeding to trial. But I strongly suggest that he seeks professional legal advice first before doing anything he might regret later on. On the other hand, there are some DUI cases that plea bargaining would be appropriate and he has to remember that each DUI case is different, and there are times that admission of guilt to the DUI charge would be in his best interest.
He may have the DUI charge reduced to wet reckless which is an alcohol-related reckless driving. In several respects, wet reckless is no different from a DUI charge which means that if he gets arrested for a similar offense within 10 years, the wet reckless conviction would be considered as a prior DUI conviction. Moreover, most auto insurance companies would treat a wet reckless conviction just like a DUI conviction. But there would be some benefits of having the DUI charge reduced to wet reckless because there would be no mandatory DUI school with this charge and no mandatory driver’s license suspensions or restrictions.
By author on August 24th, 2008
Reader’s Question:
I was told that there is an alternative to jail term if my cousin will be convicted for his DUI in Los Angeles, California. What kind of alternative is this and how does this work?
Kason
Los Angeles, CA
If your cousin would be sentenced to jail for his DUI charge in Los Angeles, California, there is an attractive alternative to a jail term which is an electronically monitored “house arrest,” or home detention. The correctional administrator can offer this program under which minimum security inmates and low-risk offenders committed to a county jail can voluntarily participate in a home detention program during their sentence in lieu of confinement in the county jail.
The home detention usually involves periodic telephone checks, wearing a bracelet or anklet transmitter, or both telephone checks and wearing a transmitter. The restriction isn’t necessarily 24 hours a day but the correctional administrator could permit home detention program participants to seek and retain employment in the community, seek medical and dental assistance or attend psychological counseling sessions or educational or vocational training classes. This is also commonly given to the detainee to pick up cleaning, shop for food and pursue other necessary chores.
By author on August 22nd, 2008
Reader’s Question:
I heard from my mom that field sobriety tests are used to be called something else back then. How were these tests develop and could you cite some common tests that police usually conduct here in Los Angeles, California?
Amos
Los Angeles, CA
In mid 1970’s, with the assistance and cooperation of the law enforcement community, the National Highway Traffic Safety Administration (NHTSA) has conducted research that resulted in the development of a battery of three standardized field sobriety tests (FST’s). These are the Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand which are commonly used by police officers in Los Angeles, California and are designed to assist them in detecting drivers who are under the influence. FST’s are formerly referred to as Improved Sobriety Tests but they are now the Standard that the Federal Government wants to be utilized.
The FST program was validated in field studies and laboratory conducted by the Southern California Research Institute. The FST’s were initially developed by the Los Angeles Police Department Training in how to conduct the tests and it is included in the NHTSA course “DWI Detection and Standardized Field Sobriety Testing.”
By author on August 21st, 2008
Reader’s Question:
My brother got a DUI conviction in Los Angeles, California and he was sentenced to three years of probation. What are the conditions for being under probation as a sentence for DUI?
Eliza
Los Angeles, CA
Since your brother was sentenced to three years probation on his DUI case in Los Angeles, California, he must report regularly to a probation officer or court employee for monitoring of his behavior. Also, as a part of his probationary sentence, the judge would impose at least one condition, and sometimes more than one, according to the Special Report. Almost all of the probationary sentences have the condition that fees, fines and court costs be paid. Most sentences also require alcohol treatment and almost half of them require training or employment.
There are also other common conditions of probation listed in the Special Report such as mandatory drug testing, drug treatment, community service, counselling, confinement or monitoring, driving restriction and abstention from alcohol and drugs. Alcohol or drug education, refraining from committing further crimes or restitution to victims are other possible conditions that may be included as part of the probationary sentence. There may be other unusual conditions such as fulfilling the requirements for Boy Scout badges for citizenship and traffic safety.
Tags: drunk driving laws, DUI, DUI lawyer
By author on August 15th, 2008
Reader’s Question:
How does a DUI record affect my chances of being accepted into college? I’ve been caught drunk driving in Los Angeles, California when I was 17 but I’ve abided by the law ever since.
Stan
Los Angeles, California
Having a DUI record or being convicted of DUI will definitely have its impact on how prospective colleges or universities will assess your application. You shouldn’t lose hope though, since it really depends on the gravity of your offense (whether you were charged for misdemeanor or a felony offense) and of course, your willingness to be honest about it during your application or interview. The best way to handle this would be to make sure to disclose this information, explain your situation and make sure that they are aware that you have learned from this experience. Try to pre-empt possible questions about this and how you can answer them effectively and still be able to present yourself in a good light. It’s not just what you say but on how you say it as well.
There are also cases in Los Angeles, California where, with the help of good attorneys, minors who have been arrested for drunk driving have been allowed for expungement, thereby clearing their records. It also helps to show that since the time of your offense, you have been a good, law abiding citizen of the state of California. That being said one of the first things you would like to do is to consult a California DUI attorney that can provide their expertise in getting your record back on track. Note, however, that it may not be possible for all types of offenses to be cleared. Remember, your success in being accepted should come from you’re excellent academic accomplishments so make sure to focus on that during your interview.
By author on August 13th, 2008
Reader’s Question:
A friend who is visiting from another state was arrested for DUI here in Los Angeles, California. Can he still drive in California and will his driver’s license be suspended in his home state?
Candace
Los Angeles, CA
Since your friend was arrested for DUI in Los Angeles, California and he has an out-of-state driver’s license, he would face specific issues that could complicate his DUI case. His DUI arrest could jeopardize his driving privileges in his licensing state. Driver’s license is a property of the state that issued it. Since his license was issued out of state, the officer could not take his license. He would just be issued a temporary license, and a summary suspension of his California driving privileges will be held off for 30 days.
He should request for a California Department of Motor Vehicles (DMV) Administrative Per Se (APS) hearing within 10 days of arrest or he will lose his driving privileges after 30 days. If he doesn’t have a successful hearing outcome, or doesn’t request a hearing at all, the California DMV would notify his home state, and that state could suspend his license. He may believe that since he is an out of state driver, his DUI arrest in Los Angeles could not threaten his driving privileges, but that would be not the case.
Tags: DUI, DUI arrest, DUI lawyer
By author on August 11th, 2008
Reader’s Question:
Last week, I was surprised by this DUI roadblock in Los Angeles, California and unfortunately, I was arrested for drunk driving. How can I dispute the legality of the DUI checkpoint?
Brice
Los Angeles, CA
Law enforcement officers and attorneys who are arguing for the State throughout the implementation of DUI roadblocks disagreed that the State’s interest was specifically intended to stop drunk driving. Consequently, the legality of DUI roadblocks has been upheld. But just recently, law enforcement and prosecuting attorneys have bragged publicly that DUI roadblocks yield an astronomical amount of revenue from traffic infractions discovered after stopping vehicles at DUI checkpoints.
DUI roadblocks usually yield approximately four DUI arrests and even less DUI convictions. Law enforcement officers have guidelines that they would have to follow in implementing these DUI roadblocks. The DUI roadblock guidelines include a specific method of selection of vehicles, insurance that intrusion on the motorists is kept to a minimum, providing a written set of actions outlining the procedures of the DUI roadblock and proper lighting and notification requirements on the roadway so as not to startle motorists. If the police officer failed to adhere to these requirements upon arresting you in a DUI roadblock in Los Angeles, California, this would often result in evidence being excluded.
