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One thing you should know about a DUI arrest is that every DUI case is different, each with their own unique circumstances.  When it comes to deciding the penalties for a DUI charge, the judge and/or looks at many factors.  There are certain factors, however, that can enhance a DUI charge in California including:

Having minors in the vehicle with you at the time of arrest Being under the legal drinking age (The legal age is 21 in most states.) Any prior DUI charges Causing an accident, injury, or death to other people Having a BAC (blood alcohol content) of .20% greater than the legal limit Speeding or reckless driving

In the state of California enhancements are usually added on when the charges are initially filed, but they can be added at a later time if the case is still pending and the enhancements won’t threaten the driver’s right to a fair trial. These additional allegations must be proven beyond a reasonable doubt or the sentence cannot be enhanced.  If you are found to be guilty of these additional allegations, you can probably see higher fines, longer jail sentence, longer mandatory DUI education, longer driver’s license suspension, and a more restrictive probation.

If you have been arrested for drunk driving and your case includes any one of the circumstances mentioned above, it may be beneficial to hire an experienced California DUI defense lawyer who specializes in DUI cases.  A lawyer can investigate your case and make sure that your right to a fair trial is upheld in court.

Originally published here.

Each year in Southern California, countless innocent motorists and pedestrians are tragically injured at the hands of drunk drivers. According to the National Highway Traffic Safety Administration (NHTSA), in 2008, California had more than 3,400 automobile fatalities of which 35 percent, or 1,198, were alcohol related.

Although the typical drunk driving accident may only involve automobiles, alcohol and drug related accidents may also include pedestrians, semi-truck collisions, motorcycle crashes, bicycle and boating accidents. Injuries can range from whiplash to broken bones, head, neck or spinal cord injuries and wrongful death. Recoverable damages may include medical bills, loss of services, property damages and lost wages, among others. If you or a loved one has experienced an accident with a drunk driver, contact the Southern California Legal Group today.
SoCalLegalGroup.com is one of the most well regarded personal injury and criminal defense firms in Southern California. The staff at the Southern California Legal Group, have more than 30 years’ combined experience in recovering damages and claims for injured victims. The drunk driving accident lawyers at Southern California Legal Group have extensive experience in the courtroom and provide experienced, trusted legal representation.
The drunk driving accident lawyers at Southern California Legal Group, in Ontario, CA are dedicated to recover damages for the families of innocent victims. They also help to educate people about the dangers of driving under the influence of alcohol or drugs. They are highly committed to their work, work closely with their clients in gathering all the relevant evidence, and ensure that victims and their families receive compensation from drunk drivers. Southern California Legal Group’s professionals offer free consultations and have both evening and weekend appointments available. The drunk driving accident lawyers at the Southern California Legal Group offer professional legal representation to clients throughout Southern California, including Los Angeles, Orange, San Bernardino and Riverside Counties.

Southern California Legal Group in Ontario, CA serves customers through Southern California. Southern California Legal Group’s mission is to zealously provide each client with the highest caliber legal representation, maintaining the highest level of integrity, while practicing law in a manner that reflects the respect we have for clients and the legal community.
For more information on Southern California Legal Group’s experienced drunk driving accident lawyers and other personal injury services, please visit http://www.socallegalgroup.com

Originally published here.

On the heels of a month marked by extensive media coverage of the Orange County trial of Andrew Gallo–the San Gabriel man, who, despite having his license suspended for a prior DUI conviction, took the wheel after a night of binge drinking and killed Angeles’ rookie pitcher, Nick Adenhart, and two friends in an early morning collision–news has broken of a new law that will impact DUI repeat offenders. Starting January 1, 2012, judges will have the option of revoking an individual’s license for up to 10 years if that person has three or more convictions for driving under the influence within the past decade. The law is just one of many efforts by state legislators and officials to combat drunk driving in California.

Annually 1.5 million people are arrested for driving under the influence in this state, according to the National Highway Traffic Safety Administration (NHTSA). DUI repeat offenders account for one-third of those arrested. A recent study of the percentage of drivers with alcohol-related convictions in the nation’s 20 largest cities by insurance.com found that the greatest number of violators resided in San Diego, followed by San Jose in second place, Los Angeles in seventh, and San Francisco in eighth. The high incidence of convicted drivers in these cities was attributed to three factors: a higher rate of alcohol consumption among the population, “more partiers,” in general; a lack of public transportation; and effective enforcement of drinking-and-driving laws.

Over the last 30 years, numerous laws have been passed to prevent drinking and driving in the United States:

In 1984, the Federal Uniform Drinking Age Act was signed into law. Under the law, states that fail to prohibit the purchase or public consumption of alcohol by an individual under the age of 21 will have 10% of Federal highway funding withheld from them. In effect, this law raised the national minimum drinking age to 21.

In 1990, the U.S. Supreme Court ruled that sobriety checkpoints were legal under the constitution.

In 1995, the Federal Zero Tolerance Law was passed, making it illegal for individuals under 21 years old to drive with any measurable amount of blood alcohol content (BAC) in their blood. Highway safety funds would be withheld from any state failing to comply with the law by October 1, 1998.

In 2000, .08 BAC became the national illegal limit for impaired driving. Under the law, a percentage of federal highway construction funds would be withheld from any state failing to comply.

To date, 14 states have enacted laws mandating DUI first-time and repeat offenders to install ignition interlock devices in their vehicles: Alabama, Alaska, Arizona, Arkansas, Colorado, Illinois, Louisiana, Nebraska, New Jersey, New Mexico, New York, Oregon, Utah, and Washington. California, however, has only implemented a pilot program in four counties: Alameda, Los Angeles, Sacramento, and Tulare. Drivers with the device are forced to breathe into a tube connected to a machine that measures alcohol levels; if alcohol is detected, the machine will prevent the ignition from starting. The device not only prevents those with DUI convictions from drinking and driving, it also serves as a deterrent to all drivers, as it considerably increases the cost of receiving a DUI. Legislators will consider expanding the program statewide after a 5-year evaluation.

In California-and nationwide-efforts to combat drunk driving have had an impact on the number of fatal alcohol-related accidents. Throughout the country, such accidents decreased by almost 10 percent from 13,041 in 2007 to 11, 773 in 2008. In California, there were 108 fewer fatal accidents in 2008 than in 2007, from 1,347 to 1,239. Hopefully, the fatality rate will continue to decline with the state’s increasingly aggressive DUI enforcement and harsher penalties.

Originally published here.