It is organized in ascending order, with the lowest levels first. Note that the following refers to BAC levels within three hours of driving (i.e. within three hours of the traffic stop).

Copyright © 2010 Caroline Mackenzie/DUI-Lawyer-LA.com

A post from: California DUI

Note that First DUI Offender programs are available everywhere but you may need to check a neighboring county for 18- and 30-month driving under the influence programs.

All DUI schools listed are licensed by California Alcohol and Drugs Programs (ADP) as providers of court/DMV ordered driving-under-the-influence programs.

This page is a Work in Progress – DUI school listings are the latest available (Oct 2010)  – but take some time to enter!

A post from: California DUI

Under Bill AB1601, judges will have the option to revoke a license for up to 10 years when sentencing third-time California DUI offenders.

Currently, the penalty for a third DUI offense in California is a three-year license suspension (or since 7/1/2010, a six-month suspension followed by a restricted license used in conjunction with with an ignition interlock device) under the authority of the Department of Motor Vehicles.

Prompted by many high-profile cases in California featuring repeat DUI offenders, the new bill is promoted as “an important step toward making California’s roads safer”. Assemblyman Hill estimates it will take 10,000 repeat offenders off the road.

Bill AB1601 has yet to be approved by the California State Senate but is widely expected to become state law.

It has received criticism on two fronts.

Some – including the California DUI Lawyers Association – believe that the new third-strike DUI penalty is too tough, and will result in more trials at taxpayer expense as repeat offenders fight to avoid the penalty. There is also, some say, little incentive to stay sober when the reward of getting a license back is such a distant prospect, perhaps leading some to drink and drive in any event.

Others criticize that the new bill is not tough enough, and are disappointed that more severe penalties in the original bill were dropped.

In it’s original form, judges could revoke a license for life and to take into account a multiple-offender’s entire driving record rather than (as now) the previous 10 years only.

It is possible that the Senate may reinstate these provisions but even in it’s current form, penalties for third DUI offenses  in California will be significantly more severe.

Copyright © 2010 Caroline Mackenzie

A post from: California DUI

In California, those stopped on suspicion of drunk driving are best advised to refuse roadside sobriety tests – they provide probable cause for an arrest.

In this Laguna Beach, California traffic stop caught on cop car video, police got all the probable cause they could possibly want before they even had a chance to ask.

A post from: California DUI

In most cases, the requirement to attend DUI school is imposed by the court, If not, the Department of Motor Vehicles (DMV) will require completion of a DUI program before it will reinstate a license.

The programs are State-licensed “Driving-Under-the-Influence Programs” and DUI schools are companies and organizations which have been especially licensed to provide them. They are licensed and monitored by the Office of Criminal Justice Collaboration, within the Department of Alcohol and Drug Programs (ADP).

The main aim of California DUI school programs is to:

• Reduce the number of repeat drunk driving offenses.
• Provide an opportunity to address drug and alcohol use and support changes. (For some, drunk driving may be just part of a larger problem with alcohol and drugs).

DUI School Programs

In California there are seven state-licensed Driving-Under-the-Influence Programs, falling into three different groups:

• First DUI Offender Programs lasting from 12 hours to 9 months, depending on blood alcohol levels and the nature of the offense.
• 18-month programs for second and subsequent DUI offenders.
• 30-month programs for third and subsequent DUI offenses.

The shortest First Offender programs cost an average of $250, with 30 month programs costing about $3,500.

The court and/or DMV specifies which DUI program must be completed.

Who pays for DUI school?

DUI school programs are paid for by offenders, unless they can prove financial hardship.

In this sense, DUI school is a double penalty for drunk driving, costing offenders time as well as what is often a considerable sum of money.

Finding a DUI School in California

Offenders must find a DUI school themselves and enroll within three weeks of sentencing. Schools do not accept anyone without a court or DMV referral.

Finding a DUI school in California is not difficult – there are state-licensed DUI schools in all 58 counties, including more than 70 schools in the County of Los Angeles.

Do You Need to Take DUI School Seriously?

Absolutely. You may be dropped or expelled from DUI school as a result of poor attendance or other negative behaviors. In particular, DUI program administrators are alert to signs of that students are under the influence of drink or drugs.

As attendance is part of your sentencing, a condition of probation, and a condition on which you may be granted a restricted license rather than suspension, being expelled from DUI school has serious consequences.

Copyright © 2010 Caroline Mackenzie/DUI-Lawyer-LA.com

A post from: California DUI

So without further ado, the definitive answer is:

• Yes, you CAN refuse a Field Sobriety Test
• You have the right to refuse the field sobriety test in all all states.

Details on why you can refuse the field sobriety test below. But first you may be wondering why the confusion – why disagree that you can refuse a FST.

DUI / DWI Tests are Easily Confused

The fact is, DUI/DWI law is complex. This is not to say it is impossible to understand your rights – far from it. It simply means that there are many legal principles, terms and nuances that are easily confused.

This is all too clear from DUI/DWI advice posted by “armchair experts” on sites like eHow, WikiHow and Yahoos Answers.

For example, on the question of refusing field sobriety tests, the FST is commonly confused with other DUI tests, and in particular, with the legal principles and rights attached to those other tests.

The end result is a great deal of inaccurate and conflicting advice on the right to refuse a field sobriety test. From a legal standpoint, this is disturbing.

Misinformation about whether you can refuse a field sobriety test can place you at greater risk of a a DUI arrest, and harsher penalties if convicted.

DUI / DWI Tests are not Created Equal

The first step to clearly understanding your right to refuse a field sobriety test is to understand that:

• “Field Sobriety Test” refers solely to the roadside test involving physical exercises difficult to complete if impaired. It does not refer to any other other kind of test, even though they are essentially “sobriety tests” too.

• The FST is one of three DUI/DWI tests that come into play during a stop and arrest. The other two are the preliminary alcohol screening (PAS) test (aka the roadside breath test), and chemical blood alcohol content (BAC) test (performed on a breath, blood or urine sample).

• Each test is distinctly different and separate in terms of what it involves, in terms of legal principles, and in terms of your right to refuse.

(See the DUI/DWI Tests Chart for a summary and comparison of each test, including refusal rights.)

Why You Can Refuse the Field Sobriety Test

The purpose of the FST is to establish or confirm probable cause for a DUI/DWI arrest – by taking the test you may incriminate yourself.

Under 5th Amendment rights, you cannot be compelled to perform any an act that may incriminate you. For this reason you cannot be compelled to take a field sobriety test. Nor can you face penalties for exercising your 5th Amendment rights.

Officers are required to advice drivers of their right to refuse – in practice, they rarely do. It is essential then to be confident in advance of a drunk driving stop that you can refuse a field sobriety test.

DUI / DWI lawyers uniformly agree that you should exercise your right to refuse a field sobriety test. There are many reasons for doing so, not least of which is that the FST is seriously flawed.

See Field Sobriety Tests (FSTs) for more information on why and how to refuse the test.

Copyright © 2010 Caroline Mackenzie

A post from: California DUI

As you can see, DWI / DUI “sobriety tests” are in fact three distinctly separate tests, in terms of what they involve, where they are conducted (by law) and the right to refuse.

It is important to understand this is order to understand your rights. Many people confuse one test with another, resulting in a great deal of misinformation online that may place you at greater risk of a DUI / DWI arrest, of conviction and of heavier penalties.

An original DUI/DWI Tests Chart, exclusive to this site.

Copyright © 2010 Caroline Mackenzie/DUI-Lawyer-LA.com

A post from: California DUI

The answer is yes and no, depending on which breath test is in question.

There are two breathalyzer tests involved in drunk driving stops and arrests.

The Preliminary Alcohol Screening (PAS) Breathalyzer Test

This is conducted at the roadside with a portable breathalyzer and it’s purpose is to gain or strengthen probable cause for an arrest. (See Breath Tests at the Roadside – aka PAS tests for more information.)

• This particular breathalyzer test is easy to beat – in all states except Montana you have the right to refuse a PAS breath test, with no penalties (unless under 21 or on probation). DWI/DUI lawyers advise that you exercise this right.

• However, as you can see from the first item in the alcohol limits chart, you can still be charged with DUI/DWI based on the officer’s observations alone. So, you may “beat” a breath test but not necessarily an arrest.

The Chemical Blood Alcohol Content (BAC) Breathalyzer Test

The second breathalyzer test is a chemical blood alcohol content (BAC) test. A BAC test can also be performed on a blood or urine sample but is most often a breathalyzer test. It is conducted at the police station on a more sophisticated and accurate breathalyzer and in almost all states, can only be conducted after a lawful DWI/DUI arrest. (See Chemical BAC Tests for more information.)

• You cannot beat the chemical BAC breathalyzer test.
• You are required to submit to a chemical BAC test (or face severe penalties) so you cannot beat it by not taking it.
• None of the “tips and secrets” for beating a breathalyzer test actually work.
• You can rest assured that breathalyzers have been designed to minimize the potential for false readings.

However, one of many things a good DWI/DUI lawyer can do for you is find grounds to beat a BAC breathalyzer test after the fact.

For example, the BAC breathalyzer is not beyond question – many expert DUI/DWI lawyers have successfully contested results.

In addition, there are many protocols for conducting BAC breathalyzer tests. In other words, many opportunities for lawyers to refute the admissibility of the test if there have been errors in procedure.

Closing tips on Breathalyzer Tests

The best way to “beat” breathalyzer tests is to exercise your rights and minimize potential penalties:

• At the roadside – Politely exercise your right to refuse the preliminary alcohol screening (PAS) roadside breath test.
• At the police station or booking facility – Politely submit to the chemical BAC breathalyzer test, as required by law.
• On release – Write down the details of your DUI / DWI stop and arrest while they are fresh in your mind and find a good DUI / DWI lawyer as soon as possible.

Be aware that the total total costs of DUI/DWI offenses are much higher than you might think, and certainly high enough to justify hiring a good lawyer to challenge the charges and at the very least, minimize penalties.

The best avoidance technique is of course not to drink and drive. However, most people are simply concerned that one extra drink may be one too many. In these cases, you can prevent placing yourself (and others) at risk by considering a personal breathalyzer which will allow you to make an on-the-spot decision about whether to drive or take a taxi.

An original Beating Breathalyzers article, exclusive to this site
Copyright © 2010 Caroline Mackenzie/DUI-Lawyer-LA.com

A post from: California DUI

The DUI penalties shown are mandatory penalties, applying to:

• People aged 21 or older with a private (non-commercial) drivers license
• A first DUI offense with no aggravating factors, such as injury or child endangerment.

Penalties differ for first DUI offenses by drivers under 21, commercial license holders and DUI offenses with aggravating factors.

California DUI penalties are imposed by the Court and the California Department of Motor Vehicles (DMV), with independent authority – judgments by one cannot override judgments by the other. For example, DMV license suspensions may stand even if you are not acquitted of DUI in court.

You may or may not receive probation. If granted, probation is for 3 to 5 years and is “informal” (i.e. you do not have to report to a probation officer), with “zero tolerance” of drinking and driving.

See notes after the table for additional penalties and costs that you may face, and how a DUI lawyer can help with these penalties.

Additional California DUI Penalties and Costs

Note that as well as fines, there will be several additional (and unavoidable) costs arising from a 1st California DUI offense.

These include the cost of mandatory DUI school, a restitution fine of $100 to $1000, and the cost of installing an ignition interlock device if in Alameda, LA, Tulare or Sacramento. You will be required to file an SR 22 with your insurance company, and if your vehicle was towed, to pay for the impounding and retrieval of your vehicle.

If convicted with an “excessive”  BAC level of 0.15 or higher, the court may enhance your penalties beyond the mandatory penalties detailed above.

DUI Lawyers Can Avoid and Minimize Penalties

Most people are unaware of the true cost of a first DUI offense in California and do not seriously consider hiring a DUI lawyer. It is always advisable to find a good California DUI lawyer as soon as possible.

Expert DUI lawyers know how to challenge DUI charges and how to minimize penalties, and are familiar with alternative penalty options available to the court and DMV. For example, converting jail time to work service and obtaining a restricted license so that you can travel to work and DUI school. For more information, see What Can a DUI Lawyer Do for You.

An original California DUI Penalties article, exclusive to this site
Copyright © 2010 Caroline Mackenzie/DUI-Lawyer-LA.com

A post from: California DUI

However, while it’s easy to find DUI lawyers – California has an estimated 10,000 DUI lawyers – the amount of choice makes choosing just one a difficult task. And certainly you need to choose your DUI lawyer with care.

• For one thing, any lawyer can advertise as a “California DUI lawyer”. There is no requirement that such a claim be supported.
• Secondly, California DUI laws are particularly stringent, often complex and subject to change – with severe penalties. When it come to weeding out the “best” DUI lawyers in California, you need to set your standards higher than if you were looking for a DUI lawyer elsewhere in the U.S.

How to find the best California DUI lawyers

Firstly, you should follow the “standard routine” for finding the best DUI lawyers, anywhere, but follow it rigorously. You should be particularly sure to:

• follow through on advice that you meet with each shortlisted DUI lawyer
• and ensure you get answers to the essential questions to ask a DUI lawyer.

When looking for the best DUI lawyers in California you should also ask the following question:

• Are you a member of the California DUI Lawyers Association (CDLA) or National College for DUI Defense (NCDD)?

Members of these organizations are verified to have a certain level of expertise and experience as DUI lawyers. California lawyers who are members of one or both will be the best available.

This information may be available at DUI lawyer websites. If not, be sure to ask when you meet.

However, bear in mind that DUI lawyers who are not a member of these organizations they may nonetheless have the necessary experience and expertise to provide an very effective DUI defense. The “standard questions” will help you determine if this is the case. In addition, your DUI case may not warrant the hiring (and additional expense) of a top-tier DUI lawyer. In many cases it will be sufficient to find a good California DUI lawyer.

Ultimately when looking for good DUI lawyers in California you will be best served by maintaining a healthy level of skepticism.

While California has a high number of DUI lawyers it also has its fair share of lawyers who are not up to scratch – and by no means “the best”.

A post from: California DUI