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How to Protect Yourself Against Cops in California and Other Strange Places

You have just been caught and charged with a DUI, driving under the influence or DWI, driving while intoxicated. This is a serious matter and not something you should disregard. The outcome can affect your future in many ways since there a variety of penalties for drunk driving. As a DUI offender, You could end up facing significant penalties including heavy fines, community service and even jail time. Additionally, your license may be suspended and if anyone was injured in an accident you could face a criminal conviction. Your future plans could be gravely affected regarding employment opportunities, applying for a loan or higher education and more. An experienced DUI attorney can make all the difference helping you through the legal system to achieve the best possible results.

Once you have been arrested for DUI, the DMV in California will suspend your license. The DMV calls this DUI first offense an administrative per se hearing (APS). You then have ten days to request an administrative hearing with the DMV. If you are not granted a hearing or you cannot make the hearing date, the DMV will keep your license and move ahead with suspension of your driving privileges. This is an automatic stipulation.

You can be charged with 2 different crimes. The standard offense is “driving under the influence of alcohol” (DUI), or in some states, “operating while intoxicated” (OWI), or “driving while intoxicated” (DWI). In recent years, 49 states have also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration, also known as BAC, (either .08% ? as in California ? or .10%). In those states, both offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course,
only the traditional offense will be charged.

In the California courts, in addition to a possible administrative hearing that goes over the circumstances involved in your CA DUI / DWI arrest, you must go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.
If you’re found guilty, most courts will:

? Impose Fines and Some Add On an extra Driver Responsibility Tax
? Suspend or Revoke Your License
? Want Participation in a Drunk Driver Education Program
? Add Points to Your License (Your Insurance Will Most Likely Increase)
? Need Community Service Work
? Put You On Parole
? Install an Ignition Interlock Device On Your Vehicle

There are many different defenses in a criminal DUI case. An
experienced DUI lawyer in Los Angeles will give you the best chance of fighting
and winning the case.

Originally published here.

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MAryAnn Bozek

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In a recent study of the number of drunk driving offenders in the country’s 20 largest cities, New York City ranked 17. According to Insurance.com’s data, New York has fewer drunk drivers than major cities in California (San Diego, San Jose, Los Angeles and San Francisco) and Texas (Austin, San Antonio, Dallas, Houston and Fort Worth).

What makes New York’s numbers lower than these other major cities’? Several factors may be coming into play.

Availability of Public Transportation

New York City is known for its large public transportation system. From subways and buses that run all night, to taxis that are readily available at every corner, people who drink have numerous options for getting home safely.

New York City is a compact area, while a city like Los Angeles is spread out with sparser public transportation. In Los Angeles, a car is practically a necessity; in New York, a car may seem like a liability.

Publicity Surrounding Leandra’s Law

The provisions of the Child Passenger Protection Act, also known as Leandra’s Law, have gone into effect between late 2009 and mid-2010. Among other DWI penalties, the new law requires every driver who has been convicted of misdemeanor or felony DWI to use an ignition interlock device for at least six months.

The ignition interlock device, installed in the offender’s vehicle, measures the driver’s blood alcohol level (BAC) before the car can start. The car will only start if no alcohol is detected. The ignition interlock system can cost up to $100 to install and $100 a month to maintain.

It is likely, therefore, that Leandra’s Law acts as a deterrent to people who might otherwise drive drunk. Police in New York have been aggressive about making arrests under Leandra’s Law. A good deal of reporting has occurred on the subject, which may be helping to prevent drunk driving.

Continuing the Trend

As more DWI arrests are made under Leandra’s Law, the numbers for New York City could appear to spike in the future, lowering the city’s status on the top-20 list. More stringent enforcement, however, is likely to result in fewer overall DWI offenses and accidents.

If You Have Been Arrested for DWI

An arrest for drunk driving, particularly in New York City or greater New York State, has serious legal consequences. If you’ve been arrested, speak with an experienced DWI attorney right away to learn about your rights and the potential consequences.

Originally published here.

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Leon J. Greenspan

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