DUI Laws in California

How long does a DUI stay on your record in California?

April 19, 2018

In California, a DUI will stay on your driving and a criminal record for 10 years.  The 10 years are counted from an offense date to an offense date and not from conviction date to conviction date.  A prior DUI, when charged by the prosecutor, is deemed a “prior”.  The “priors” or “priorability” is legal terminology for a type of offense that carries a more severe punishment for repeat crimes. For example, a second DUI arrest within 10 years of the first DUI arrest will be filed as a second DUI and will carry mandatory jail time.  Instead, if there are more than ten years between your first and second DUI cases, the DUI will be only a “first” DUI even when […]

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Pre-Booking Jail, Sentencing Credit And Calculation, Penal Code 4019

March 19, 2018

Jail Sentence and Booking in Jail If you are facing a criminal offense, the punishment can include jail. The punishment for a criminal case is referred to as sentencing and is carried out by a judge. Not all cases include jail time, but when a person is sentenced to jail time, the judge can order a defendant to either be taken into custody in court or the judge can order the person to report to jail for serving his sentence. Many county jails, and Los Angeles County Jail in particular, have too many people in jails, and because of that, many prisoners are kicked out of jail before they complete their sentence. A decision to release a prisoner early and […]

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“Open container” California Laws

March 18, 2018

In almost all U.S. states it is prohibited to drink or carry alcoholic beverages or unsealed marijuana in a vehicle. There are a number of laws in California that control drinking alcohol or possessing an alcoholic beverage while operating a vehicle.  California Vehicle Code section 23222 is the main law criminalizing “open containers”. Please click on the links below to go directly to your topic of interest: Penalties for Possessing an Open Container in a Car in California Open Container in A Parked Car in Los Angeles Legal California Defenses for Open Container They are known as California Open Container Laws and determine the following: A driver or passenger must not drink any spirits while in a car upon a […]

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Los Angeles DUI: Stopping For Unsafe Lane Turning

December 15, 2017

This article discusses  California Vehicle Code 22107: Unsafe Lane Сhange. Click on the links below to go directly to your topic of interest. California Vehicle Code 22107 Reason to stop for CVC 22107 What is the cost of the 22107 violation in California? How To Fight CVC 22107 Fine in California? California Vehicle Code 22107 (CVC 22107) CVC 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. Under CVC 22107, a vehicle can […]

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Restitution Hearing and Prosecution in California DUI Cases

November 7, 2017

RESTITUTION PAYMENT IN DUI CASES Any conviction for a DUI can result not only in payment of money to the courts in fines and costs, but it can also result in payment of money to “victims” as part of the compensation for any direct loss that they suffered. In California law, victims are defined broadly but in DUI cases it usually means those who got injured in DUI traffic accidents. If you are convicted of a DUI case you can be ordered to pay thousands of dollars to the victims of a DUI collision to compensate them for all of their expenses. The best way to protect yourself from paying large sums of money to the victims is to fight […]

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Shocking Statistics About West Hollywood DUI Investigations.

March 8, 2017

In West Hollywood, DUIs appear to happen twice as frequently than in other parts of greater Los Angeles. We thought you might be interested in this collection of recent news and facts about West Hollywood DUIs: The number of DUIs in West Hollywood have been on the rise over the last 10 years but the reasons why aren’t known. City to city, West Hollywood ranks much higher in its frequency of DUIs at 31 per 100 million vehicle miles traveled (VMT). Tying for second place with the most DUI per VMT are Los Angeles, Santa Monica, and Burbank, each respectively responsible for 15 per 100 million vehicle miles traveled, followed by Culver City with 10 per 100 million VMT and […]

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New Senate Bill 698 could make illegal to drive with BAC between 0.04% and 0.07%

March 6, 2017

On February 17, 2017, a new bill was introduced to the California Legislature as an addition to the existing Vehicle Code (Sections 23152.1 and 23573.1). If passed, the bill will make it illegal to drive an automobile with the content of alcohol in blood between 0.04% and 0.07% when at the same time the driver is under the influence of any controlled substance, including at least 5 nanograms of THC per millimeter of blood. Currently only driving while under influence of alcohol or drugs is illegal when the person is impaired and can not operate a vehicle like a sober person would. Additionally, it is a separate crime when there is 0.08% of alcohol concentration in blood. If the person’s blood […]

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Don’t Make these 3 mistakes if you get a California DUI

February 21, 2017

Doubt, anger, plummeting self-esteem, disappointment, fear, and frustration. Getting convicted of a DUI will get all sorts of emotions running through your system. Part of you is scared about what’s going to happen. Another part of you feels ashamed of letting the important people in your life down. You are under stress about the costs and fines. And you’re angry with yourself or the people who were there when you decided to drive. These are all understandable reactions to having to go through this situation. What is important, is to take the steps you can to handle your DUI case as effectively as possible. Don’t make mistakes that will create hassles, cost you more money, or lead you to a […]

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Can a DUI be a Reason for Deportation Under New Immigration Policy of President’s Donald Trump ?

February 15, 2017

In this article, DUI Defense Lawyer discusses DUI as a Reason for Deportation. Click on the links below to go directly to your topic of interest. Mr. Trump’s Deportation Plan and DUI Consequences DUI Conviction and Criminal Record Can an Undocumented Immigrant with a DUI Conviction Get Support in California?  Jersey Vargas is a 13-year-old girl who is now fighting for her father, an undocumented immigrant. He was convicted of driving under the influence of alcohol in 2014. Her father is the only breadwinner and his deportation can bring her family into poverty. In Los Angeles, there are more than 1 million undocumented immigrants now who live in fear of deportation. Their families are very worried about such consequences. Trump’s […]

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New California Traffic Safety Rules in 2017

January 9, 2017

The New Year always comes and brings new hopes and dreams and a sense of rebirth. This year, the New Year holiday brought to the motorists of the Golden State several new laws and some amendments to the existing laws. Most of the laws have already become operative starting January 1st, 2017. The California Department of Motor Vehicles reminds the vehicle operators about the new traffic safety rules in 2017. Remember that it will take a certain period of time for the DMV to update its manuals and incorporate new laws. Motorists are expected to know the new laws and ignorance of the law is not an excuse. The police will expect you to know the law and you should […]

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