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Welcome to California Drunk Driving Lawyers.com
Did You Know?
Implied Consent is a factor in DUI for some states
Delaware has an "implied consent" law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense, in addition to the penalties for DUI.
Driving under the influence (DUI) of alcohol, or "drunk driving,"
in California is by far the most commonly encountered offense
in the courts today. In 2002, it is estimated that nearly 17,500
people were killed in automobile collisions involving alcohol. According
to the National Highway Traffic Safety Administration (NHTSA), this
represents 41 percent of the 42,815 people killed in all traffic
accidents and crashes that year.
California Drunk Driving BAC Related Deaths
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in California
Total fatalities 1995
4,192
Fatalities involving high blood alcohol
1,308
Percent
31
Total fatalities 2000
3,753
Fatalities involving high blood alcohol
1,061
Percent
28
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
Defending against a charge of drunk driving in California is
tricky business. A California DUI defense attorney needs to understand
scientific and medical concepts, and must be able to question tough
witnesses including scientists and police officers.
If you want to fight your drinking and driving charge in California,
you're well advised to hire an attorney who specializes in these
types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.
The laws concerning "drunk driving" have changed radically
over recent years. A person arrested today for driving under the
influence of alcohol ("DUI", also referred to as "DWI" or
driving while intoxicated) faces complicated criminal procedures and a potentially
devastating punishment that can be more severe than
a penalty handed down in a felony case.
An experienced attorney who specializes in blood alcohol analysis
and drunk driving cases can effectively handle criminal and administrative
proceedings. It is an unfortunate fact, however, that many general
practitioners or general criminal attorneys attempt to represent
clients with little or no training or experience in this very complex
field and the results are disastrous.
Drunk Driving Punishments
The punishment in drunk driving cases is set forth by state statute and
can be incredibly complex. The basic statute determines the range
of possible sentences, with modifications for such things as:
Having a prior conviction within seven years
Speeding 20 mph over the limit
Having a child under 14 in the car
Having a blood alcohol content reading over .20%
Refusing to submit to chemical testing
Within the range, the actual sentence in a drunk driving case will
be affected by:
The facts of the case
Any policies of the local court and prosecutors
The weaknesses in the case uncovered by the defense attorney
The reputation of that attorney
All of this is independent of a DMV suspension, which is determined
separately and which can be very complicated.
DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004
The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure. Source: National Public Radio
Hazelden and MADD Collaborate Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students
Center City , ... Read more >
Definition:
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”
DWI
Definition:
Driving while intoxicated is the offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough to raise one’s blood alcohol content above the statutory limit, or after consuming drugs. Penalties for this offense vary widely.
Drunk driving penalties
Definition:
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days.
Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.
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Did You Know?
California Drunk Driving BAC Related Deaths
DUI Arrest: DMV Administrative Hearings vs. Criminal Co