DUI Lawyers,,DUI Laws,Penalties

Posts Tagged ‘Drunk Driving’

The importance of retaining good Orange County DWI lawyers if arrested for driving under the influence is often overlooked and for no serious reasons. The magnitude of having good Orange County DWI lawyers on your side equals that of having the best doctor trying to save your life.

Employment is an area that will be affected. If you have a DUI-related felony offense on your record, you will have to disclose that when asked on an employment application or during a job interview. This is not only embarrassing, but it can be a major roadblock to getting a job, especially those jobs requiring either transportation or delivery.

A DUI-related conviction on your record can also affect your life when it comes to family so make sure you have Orange County DWI lawyers undertake the task of defending you in court.

You want very good Orange County DWI lawyers representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, good Orange County DWI lawyers could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test and good Orange County DWI lawyers on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used in court. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to actually be convicted.

For more resources about DUI lawyer Orange County or even about San Diego drunk driving and especially about Orange County DWI lawyers please review these links.

Drinking and driving is obviously a mistake for many reasons. One of the effects of driving under the influence that many people don’t realize involves your car insurance. If you’re covered by a policy at the time you’re convicted of a DUI, your rates may increase dramatically, or your policy may be canceled at the end of its contract. If you aren’t covered at the time of a DUI conviction, you may find it difficult securing future coverage.

Below, you’ll learn more about how drunk driving can affect your car insurance policy and your rates. We’ll also describe the purpose of an SR-22. Finally, we’ll offer a few tips that you can use to get car insurance in the event you’re caught driving under the influence.

The Purpose Of An SR-22

Driving under the influence carries significant consequences. You’ll likely be required to file an SR-22 if you’re caught and convicted of a DUI. In its simplest form, an SR-22 is a statement that validates that you have adequate car insurance coverage. An offender’s suspended driver’s license is usually returned when this statement is filed.

Most states (there are a few exceptions) legally require drivers who have received a DUI conviction to file an SR-22 with their local DMV. By charging much higher premiums, some car insurance carriers will offer special SR-22 coverage for “high risk” drivers. Other insurers do not offer insurance to “high risk” driver’s and will typically cancel a “high risk” driver’s policy.

Remaining Under The Radar

For years, there’s a been a bit of a disconnect between the some court systems and some local departments of motor vehicles. DUI convictions are supposed to be delivered to the DMV that is located in the jurisdiction of the court. Sometimes, this fails to happen. A driver can in effect avoid filing an SR-22 if for some reason the DUI offense is not reported to the driver’s local DMV. If this is the case, the driver’s alcohol-related offense may not be discovered by his car insurance company. Though this happens quite frequently, many providers learn of a policyholder’s DUI years later and raise the premiums accordingly.

Don’t Wait To Shop Around

A common mistake among those who have been convicted of driving under the influence is waiting until their policy has been canceled before finding an alternative. If you find that your current insurer is canceling your policy, it may be because they have found about your DUI conviction. In that case, anticipate other providers discovering your DUI, too.

It’s easier to find an insurer willing to offer an SR-22 insurance policy if you’re already covered. Shop early while you still have coverage from your current carrier. If you find that the larger, established carriers are unwilling to insure you, check with the independent agents in your area.

Picking Up The Pieces And Planning Ahead

Driving under the influence can have a dramatic impact on your car insurance for several years. It can substantially increase your rates or cause your current provider to cancel your policy. Basically, a Driving Under the Influence conviction limits your options severely. But, don’t let that dissuade you from shopping for car insurance. If the Department of Motor Vehicles has your DUI in their records, paying higher premiums for your policy is pretty much inevitable. But, the alternative – driving without coverage – can lead to hefty penalties, financial loss and even jail time.

While a DUI conviction may stay on your record for 10 years, auto insurance companies usually only use it for calculating your premium for about 3 years, sometimes less. Know your options, plan ahead and work toward putting the experience behind you.

New Year’s Eve and other holidays bring a shudder to law enforcement officials. As they clock in to start their shifts, many wonder if this will be the night that they have to pull the lifeless body of a passenger from a car that has been wrapped around a tree, an event that happened for just one reason: the driver had too much to drink and decided to get behind the wheel of a car and venture forth.

A survey conducted by FindLaw.com last fall, just before the busy Labor Day weekend, revealed a startling fact: as many as one in twelve drivers admit to have driven drunk at one time or another. Specifically, more than 7% drivers surveyed said that they had more alcohol in their bodies than legally allowable and chose to drive anyway. Each person who responded gave their answer based upon the previous twelve months only.

Specifically, the survey revealed:

Men were almost three times more likely than women to say they have driven when they thought they were above the legal limit.

Younger drivers — ages 18 to 34 — were more than twice as likely as older drivers to admit the same behavior.

Of those drivers who admitted driving while possibly over the legal limit, one in nine (12%) say they have been arrested for driving while intoxicated sometime in their life.

All states recognize a blood alcohol concentration (BOC) level of 0.08% or higher as evidence of drunk driving. However, even with rates lower than that figure, a driver can be stopped for driving impaired which can lead to their arrest and conviction. With all of that information in mind, FindLaw.com recommends the following:

Play it safe; call a cab. Besides putting your life and those of others in danger, some states give police the authority to make a DUI arrest on probable cause if you are intoxicated and in your vehicle with your keys, even if the vehicle is not moving.

DUI laws involve more than just alcohol. DUI laws are not limited to alcohol use. Most states take into account any substance, including marijuana, prescription drugs and even over-the-counter drugs, such as antihistamines, which may impair a driver’s ability to think clearly and safely operate a motor vehicle.

Think twice before refusing a sobriety test. You may refuse to take a chemical test (blood, breath, urine), but almost every state has a so-called “implied consent” law, and under such laws a refusal can result in suspension of your driver’s license for three to 12 months. This is true even if you’re eventually found not guilty of the drunk driving charge. Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that because you refused you were, in fact, under the influence. In states such as California, juries are instructed that they may infer that you were conscious of your own guilt.

Get a lawyer. Because defending against a charge of driving under the influence requires an understanding of scientific and medical concepts, it’s best to hire an attorney who specializes in DUI law. If you need to find a lawyer, go to http://www.findlaw.com/, which can help you locate an attorney specializing in DUI and DWI law.

Cooperate at sobriety checkpoints. Even if you have not consumed any alcohol or drugs, you should cooperate with law enforcement authorities if instructed to pull over at a drunk driving checkpoint, which an increasing number of states conduct during major holiday weekends, such as Thanksgiving and New Year’s Eve.

Most certainly, you don’t want to be the cause of an accident that injures or kills you, a passenger or the passengers of another vehicle. Driving while impaired or while drunk is irresponsible, a practice that can destroy the lives of victims and their families.