California DUI Fun Facts Part 2

Here are some more DUI facts that you should know when fighting a DUI in California and the San Francisco/Bay Area.

1.  Which DUI offender program you are ordered to go to by the Court depends on the BAC result, whether it's a first, second, or subsequent DUI, or a wet reckless (driving reckless with alcohol involved).  You can be ordered to a 3 month, 6 month or 18 month program.

2.  When the Court orders you to jail, there are alternate sentencing options available to straight jail time, such as electronic monitoring, a sheriff's work program, or community service.  These options usually involve extra fees that must be paid.

3.  Refusing to take a breath or blood test at the time you are arrested will automatically suspend your driver's license for one year.

4.   In California, there are no scores available for a field sobriety test.  Rather, your success on the tests is the subjective opinion of the arresting officer.

5.  To ensure a "successful" breath test at the police station, an officer must observe you for 15 minutes before administering the test.  This is to make sure you don't burp, vomit, or otherwise do something that will skew the result.

More DUI fun facts next week. 

California DUI Fun Facts Part 2

Here are some more DUI facts that you should know when fighting a DUI in California and the San Francisco/Bay Area.

1.  Which DUI offender program you are ordered to go to by the Court depends on the BAC result, whether it's a first, second, or subsequent DUI, or a wet reckless (driving reckless with alcohol involved).  You can be ordered to a 3 month, 6 month or 18 month program.

2.  When the Court orders you to jail, there are alternate sentencing options available to straight jail time, such as electronic monitoring, a sheriff's work program, or community service.  These options usually involve extra fees that must be paid.

3.  Refusing to take a breath or blood test at the time you are arrested will automatically suspend your driver's license for one year.

4.   In California, there are no scores available for a field sobriety test.  Rather, your success on the tests is the subjective opinion of the arresting officer.

5.  To ensure a "successful" breath test at the police station, an officer must observe you for 15 minutes before administering the test.  This is to make sure you don't burp, vomit, or otherwise do something that will skew the result.

More DUI fun facts next week. 

California DUI Fun Facts Part 2

Here are some more DUI facts that you should know when fighting a DUI in California and the San Francisco/Bay Area.

1.  Which DUI offender program you are ordered to go to by the Court depends on the BAC result, whether it's a first, second, or subsequent DUI, or a wet reckless (driving reckless with alcohol involved).  You can be ordered to a 3 month, 6 month or 18 month program.

2.  When the Court orders you to jail, there are alternate sentencing options available to straight jail time, such as electronic monitoring, a sheriff's work program, or community service.  These options usually involve extra fees that must be paid.

3.  Refusing to take a breath or blood test at the time you are arrested will automatically suspend your driver's license for one year.

4.   In California, there are no scores available for a field sobriety test.  Rather, your success on the tests is the subjective opinion of the arresting officer.

5.  To ensure a "successful" breath test at the police station, an officer must observe you for 15 minutes before administering the test.  This is to make sure you don't burp, vomit, or otherwise do something that will skew the result.

More DUI fun facts next week. 

California DUI Fun Facts

Here are some fun facts that all people should know about DUI in California.

1.  If you are stopped by a police officer in San Francisco, for example, you can refuse to take the field sobriety tests. They're optional.

2.  In the  Bay Area, most car rental companies will not rent a car to you if you have a pending DUI.

3.  If you are arrested in California for a DUI, and had a prior DUI in the last ten years, you will be charged with a second offense DUI.

4.  If you are arrested for a DUI in California, you only have ten days to request a hearing before the Department of Motor Vehicles regarding your driver license.  If you don't, then you will automatically lose your license.

5.  In California, if you are arrested for DUI and your license is taken away, you will lose your license for ONE YEAR if you are under 21 years of age.

These fun facts show the importance of finding a DUI lawyer in the Bay Area who knows the laws inside and out. 

More fun facts tomorrow. 

California DUI Fun Facts

Here are some fun facts that all people should know about DUI in California.

1.  If you are stopped by a police officer in San Francisco, for example, you can refuse to take the field sobriety tests. They're optional.

2.  In the  Bay Area, most car rental companies will not rent a car to you if you have a pending DUI.

3.  If you are arrested in California for a DUI, and had a prior DUI in the last ten years, you will be charged with a second offense DUI.

4.  If you are arrested for a DUI in California, you only have ten days to request a hearing before the Department of Motor Vehicles regarding your driver license.  If you don't, then you will automatically lose your license.

5.  In California, if you are arrested for DUI and your license is taken away, you will lose your license for ONE YEAR if you are under 21 years of age.

These fun facts show the importance of finding a DUI lawyer in the Bay Area who knows the laws inside and out. 

More fun facts tomorrow. 

California DUI Fun Facts

Here are some fun facts that all people should know about DUI in California.

1.  If you are stopped by a police officer in San Francisco, for example, you can refuse to take the field sobriety tests. They're optional.

2.  In the  Bay Area, most car rental companies will not rent a car to you if you have a pending DUI.

3.  If you are arrested in California for a DUI, and had a prior DUI in the last ten years, you will be charged with a second offense DUI.

4.  If you are arrested for a DUI in California, you only have ten days to request a hearing before the Department of Motor Vehicles regarding your driver license.  If you don't, then you will automatically lose your license.

5.  In California, if you are arrested for DUI and your license is taken away, you will lose your license for ONE YEAR if you are under 21 years of age.

These fun facts show the importance of finding a DUI lawyer in the Bay Area who knows the laws inside and out. 

More fun facts tomorrow. 

How do I clear a prior DUI from my record in California?

Once a person convicted of a DUI in California has finished their sentence, expungement or erasure of the conviction from one's record is the next step.  In California, prior convictions can be expunged if the following conditions are met:

1.  The probationary period of the conviction is completed.

2.  All of the conditions of the probation have been met, i.e. fines paid, jail sentence done, treatment program completed successfully.

3.  There are no other pending criminal cases, or criminal cases where probation is still active.

The advantages of expungement is to be able to say "no" to the question of whether you have ever been convicted of a misdemeanor when applying for a job.  However, expungement does not prevent the State from charging a new DUI as a second offense if within the 10 year period after the first DUI.  It also does not preclude admission of a conviction in immigration cases or some licensing applications.

If you live in the San Francisco or Bay Area, you should contact a qualified DUI attorney who can explain the process and benefits of expungement.

How do I clear a prior DUI from my record in California?

Once a person convicted of a DUI in California has finished their sentence, expungement or erasure of the conviction from one's record is the next step.  In California, prior convictions can be expunged if the following conditions are met:

1.  The probationary period of the conviction is completed.

2.  All of the conditions of the probation have been met, i.e. fines paid, jail sentence done, treatment program completed successfully.

3.  There are no other pending criminal cases, or criminal cases where probation is still active.

The advantages of expungement is to be able to say "no" to the question of whether you have ever been convicted of a misdemeanor when applying for a job.  However, expungement does not prevent the State from charging a new DUI as a second offense if within the 10 year period after the first DUI.  It also does not preclude admission of a conviction in immigration cases or some licensing applications.

If you live in the San Francisco or Bay Area, you should contact a qualified DUI attorney who can explain the process and benefits of expungement.

How do I clear a prior DUI from my record in California?

Once a person convicted of a DUI in California has finished their sentence, expungement or erasure of the conviction from one's record is the next step.  In California, prior convictions can be expunged if the following conditions are met:

1.  The probationary period of the conviction is completed.

2.  All of the conditions of the probation have been met, i.e. fines paid, jail sentence done, treatment program completed successfully.

3.  There are no other pending criminal cases, or criminal cases where probation is still active.

The advantages of expungement is to be able to say "no" to the question of whether you have ever been convicted of a misdemeanor when applying for a job.  However, expungement does not prevent the State from charging a new DUI as a second offense if within the 10 year period after the first DUI.  It also does not preclude admission of a conviction in immigration cases or some licensing applications.

If you live in the San Francisco or Bay Area, you should contact a qualified DUI attorney who can explain the process and benefits of expungement.

Applying Miranda in California

When you are stopped by an officer, and he or she begins to question you about the amount of alcohol you have been drinking, does the officer need to read you your rights?  It is an often misunderstood aspect of Miranda that the officer needs to read your Miranda rights the moment the officer starts to question you.

Miranda rights, which inform a person of the right to remain silent, the right to an attorney, and notificaiton that anything that you say can be used against you in trial, are only required once a person is in custody, and not free to leave.  The failure of an officer to read a suspect those rights can result in all statements made during custody to be suppressed at a trial.

However, a person stopped on the road and initially questioned by an officer, is not in custody.  While one could make an argument that you are not free to leave, and technically in custody, the courts in California and elsewhere have determined that in mosts cases, the statements you make prior to arrest are admissible.

So what do you do?  You have a right to say nothing when you are stopped.  However, the problem with this is that if you are not intoxicated, you will be arrested anyway.  It is a conundrum that besets everyone when the officer turns his siren on.  If you ARE intoxicated, and know it, silence would be golden.  Many cases in California and the Bay area that I have seen involve statements made which clearly indicate intoxication.  And these statements are admissible.  Take the arrest, and let your attorney work on fighting the breath or blood test and the field sobriety tests, versus the statements you wish you had never made.

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