Burbank DUI Attorney Saves Client From Mandatory Jail

If anyone has ever been convicted of a DUI and then subsequently gets arrested and charged with a driving on a suspended license, they should know that the laws in California mandate that they must serve no less than 10 days in jail.  What few people realize though is that there are loopholes in the law that may permit a person accused of such a crime to avoid the jail.  Recently, in one case Burbank DUI Attorney Matthew Ruff was able to get his client a "lesser charge" thereby freeing him from the jail time that would ordinarily be imposed on a charge of Vehicle Code section 14601.2.  Indeed, the California DUI Laws do state that "anyone convicted of driving when their license has been suspended for a DUI, shall be required to serve no less than 10 days in the County Jail".

With that being said, if the charges are reduced down to something less, no jail is required.  In the recent Burbank DUI case mentioned, the defendant walked out of Court and simply was required to pay a fine.  The legal community recognizes that the efforts of competent attorneys will benefit criminal defendants and if the case is not fought than the accused cannot expect anything less than what the state of California dictates.  The lesson learned is that anyone charges with a driving on a suspended license after so being convicted of a DUI should consult with counsel and with any hope can keep themselves out of jail.

Do California DUI Laws Get Tougher For Teachers?

The drunk driving laws in CA are designed to apply to all citizens of the state.  The laws do not differentiate between teachers, doctors, lawyers, nurses or other professional people.  However, aside from the penal laws that oversee how the criminal courts operate, are the administrative statutes that supervise and regulate how various occupations should conduct themselves, both on and off the job.  For teachers, the laws do regulate what a person can do while not teaching and the type of conduct that may cause that individual to lose his or her teaching credential.  Getting a DUI can and often will trigger an investigation by the state of California as to the person's ability to teach and whether certain off duty activities such as drug or alcohol abuse might affect that job.  In summary, yes a DUI law can impact a teacher if that person is arrested for drunk driving.

Free Consultation From a Criminal Defense Attorney

Getting a free consultation from a criminal defense attorney is as easy as clicking their website.  Most criminal lawyers do not have a problem giving a free initial consultation on cases involving theft, shoplifting, domestic violence, drug charges and traffic violations such as speeding tickets.  Make sure you explain the details of your case and ask for an evaluation that includes specific details such as the amount of any fee and whether payments can be arranged.

What is the Difference Between a DUI and a DWI?

This is a very common question and can be answered very succinctly.  The difference between the two is just in wording or semantics.  A DUI is a Driving under the Influence.  A DWI is a driving while intoxicated.  Both terms equate to the same thing which is the crime in California of driving while impaired or Vehicle Code section 23152(a).

How Does Bail Work In A DUI Case?

Once a person is arrested on a DUI the officer brings them to the police station for processing.  When the booking and processing is completed the suspect is placed in a cell to "dry out" if the case involved alcohol or drugs.  When sober the person can be released with a ticket or be required to post bail.  If bail is set the individual will have to contact a bail bondsman who can post a surety bond to guarantee the appearance in court.  Bail in DUI cases in California can range anywhere from $5000 up to $100,000 depending on the severity of the charges and the history of the suspect.  The fee paid to a bail company is usually 10 percent.  Most cases in Los Angeles County are handled with an O.R. release which means no bail is required.  In Torrance and Redondo Beach DUI cases for example, the O.R. is usually done within 24 hours of the arrest, but can take as long as 48 hours if the agency is busy or the person is extremely impaired. In conclusion, bail in a DUI case is discretionary and the factors that will dictate the requirement depend on the background of the accused and the seriousness of the criminal allegations.

An even larger question regarding bail is the issue of how long can a bond stay active on a case?  Most bond insurance companies have a clause written in the agreement that allow them to cancel after one year.  This means if the case remains ongoing after 12 months of the arrest the bonding agent can demand a renewal fee to keep the bail current.  According to one DUI Attorney in San Luis Obispo, this can be a real problem, particularly in DUI cases where the case is being heavily litigated.  It may take a year to get a case to trial on a drunk driving arrest, says the lawyer, and having a bail bond expire can be a real problem.  In those cases, most lawyers will ask the California Superior Court to exonerate the bond and grant an O.R. release.  After all, the accused will have likely demonstrated a good record of appearances and will be a candidate for this relief.  Strong family ties and roots in the community also help.

I Didn't Get a Pink Paper About My License, Can The DMV Still Suspend?

It is well known that the court and the dmv are separate when it comes to a dui in california.  The process starts with the officer handing the arrested person a pink paper that outlines the suspension process and serves as a temp license pending the formal suspension.  But what about those individuals that never got a pink temporary license and notice of suspension?  Can the DMV take action against the person without this crucial step? 

The answer to this inquiry involves first understanding the purpose of the document.  It is an actual "notice of intent" to suspend and under california law the suspended driver must be given notice of the action in order for the suspension to have any real teeth vis a vis a later arrest for driving on a suspended license (VC14601).  Therefore, the short answer to the question would be, no, it would be improper to take a license without that step.  However, two things could occur.  One, the officer may lie and tell the DMV that he gave the notice.  Two, the DMV can cure the defect by mailing a subsequent notice to the licensee and the right to requesting a hearing starts from the mailing of that notice.  Either way the bottom line is that the accused must receive some type of notification in order for the suspension to be used against the person down the road.

How Long Can The California DMV Take My License For a DUI?

All punishments for DUI involving a person's drivers license are handled through the DMV.  There is a range of consequences that apply to drunk drivers within the state, here is an overview:  For a 1st time offender who takes a test and is over 21 the maximum term of suspension is 6 months, but this is how that breaks down.  The APS suspension part is a max of 4 months but only a 30 day "hard" suspension because you can get a restricted license for work after a month.  the Court suspension if you are convicted for the VC23152 (DUI) or VC23152b (Driving with .08 or more) is a max of six months, this is where that number comes in.

For second time offenders the California DUI Laws come down much stiffer.  The max suspension is 2 years, however, if you get an IID in your car and the offense did not involve drugs, than you can get a license back after 90 days of hard time.  the law gets tougher for third or more offenders since the new DWI laws allow for a judge to revoke a license for up to 10 years.  Commercial drivers face a tough time as well with most CDL licenses being confiscated for a minimum of one year.  California is hard on driving under the influence cases, so be careful when drinking and driving within the state.

The good news, if there is any, is that every person who is facing a loss of license in California can and will get a full fledged hearing to contest the suspension or revocation.  Most attorneys who practice in DMV defense can help you do everything possible to save your precious driving privilege.