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Traffic Tickets and Your Insurance

California DUI Law

DUI laws are complex because of all of the variables that can be involved in a DUI case. How the defendant is charged and how penalties are imposed depend on a number of factors. Someone without a legal education and experience with California's DUI laws may not be able to fully understand the laws, so contacting a California DUI lawyer if you've been arrested for DUI is extremely important to your case. These legal professionals know the intricacies of the law and have access to expert witnesses, all of which can help you to build a stronger defense.

California DUI

In California, there are two parts to a DUI case. One part focuses on the defendant being too impaired to safely operate a motor vehicle at the time that they are stopped This can be backed up by documenting the defendant's irregular driving habits, failure to perform sobriety tests, the smell of alcohol on the defendant, or a physical appearance that indicates impairment. The second part is based on chemical testing, not impairment. The prosecutor must only show that the defendant's blood alcohol concentration level exceeded the legal limit of 0.08% while they were operating a motor vehicle.

When someone is arrested for DUI in California, they are given a slip of paper outlining the charges. If it is your first offense, an automatic four month suspension will be put into effect unless you contact the Department of Motor Vehicles and request a hearing on your license suspension. You must also remember to take into account any holidays that may cause the DMV to be closed at any point during the ten day period. Your best course of action is to contact the DMV immediately and avoid having to worry about not being able to get in touch with them later. If you wait until the last minute and can't get in touch with anyone because of a closed office or telephone issues, you have failed to request your hearing on time and your license suspension will take effect. This is why you need to have a California DUI lawyer on your side. Once a hearing is requested, your attorney can represent you at both criminal and Department of Motor Vehicles proceedings.

The penalties for DUI depend on the circumstances of your case. For driving under the influence, the DMV penalties are a 4 month suspension for the first offense, one year suspension for the second offense, three year revocation for a third offense, and a four year revocation for a fourth or subsequent offense. For refusal to submit to chemical testing, the penalties are a one year suspension for a first offense, two year revocation for a second offense, three year revocation for a third offense, and a four year revocation for a fourth offense. Losing your license for a year or more makes it very difficult to carry out the daily activities of life. This is why hiring a California DUI attorney is so important. Having legal representation can help you to get the best possible outcome after your DUI arrest.

California DUI Penalties

Very few people will go their entire life without at least one traffic violation on their record. When this happens, it can adversely affect your car insurance rates. There are some important things you need to know about your driving record and how it can impact your car insurance in the future.

Penalty enhancements may be made if the DUI resulted in injury to others. Without probation, the penalties for a first conviction within ten years are:

Tickets

For the most part the only violations that will affect your automobile insurance are moving violations. It is estimated that a speeding ticket can increase your insurance rates by as much as 25% for a first offense. On the outset that may not appear like a lot of money but when you consider that it will remain on your DMV report for up to three years you can see that it is a significant increase.

Department of Motor Vehicles Report

Any of the above violations will be reported on your driving record. The points system is a system by which offenses are rated as points and when you reach a specific number of points, your license may be suspended. Some states will revoke all driving privileges for a chronic offender.

o Fines of $390-$1,000

o 6 month license suspension

Second convictions within ten years have the following penalties:

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