DUI Blogger

As Christmas and New Year’s Eve approach, California law enforcement officials will be

• conducting DUI saturation patrols,
• operating DUI / sobriety / driver’s license checkpoints, and
• on the lookout in general for people who are driving under the influence.

But make no mistake about it. This means that this is a perfect time to challenge your arrest, as there are several good DUI defenses that could help acquit you of your charges.

This is because sober and intoxicated drivers alike will be stopped, investigated and, potentially falsely arrested for this offense. And because of this heightened alert, officers may jump to conclusions, make overzealous arrests and engage in sloppy investigations. As a result, this is actually a good time to try to fight a DUI arrest.

Skilled drunk driving defense attorneys are experts at looking at cases to spot potential DUI defenses. So don’t assume that just because you were arrested over the holidays means that a judge/jury will find you guilty as charged. DUI defenses abound…especially when an officer may incorrectly assume you are driving under the influence and may therefore engage in an investigation that doesn’t comply with legal procedures or protocol.

When you are arrested for a DUI you have the choice of a breath or blood test, and these tests are to be administered to you at no cost. However, many southern California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test.

This is an illegal charge. The arresting agency is responsible for paying the blood draw fee, not the arrestee. If you ignore the bill, the hospital is sending the matter to collections and then off to the crediting reporting agencies. This may be a violation of your consumer rights.

If you are convicted, the courts levy lab fees as part of your fine and court fees. If you are arrested for DUI you should immediately contact an attorney to protect your rights.

California law classifies certain crimes as “violent felonies”. If you are convicted of a California violent felony, that conviction counts as a “strike” under California’s three strikes law. If, after receiving a strike, you are subsequently convicted of any felony offense, your punishment on that offense will be double what it otherwise would have been. If you have two strikes and are later convicted of a felony, your sentence on the new conviction will be 25-years-to-life in the California state prison.

Most California “violent” felonies are truly violent…murder, mayhem, rape, carjacking, etc. However, one of the ways that a crime qualifies as a California violent felony is if it is a felony offense that causes another person to suffer “great bodily injury”. A “great bodily injury” is a significant or substantial injury as opposed to a trivial or moderate one.

This means that if you are either (1) convicted of a felony count of DUI causing injury…and that injury actually caused “great bodily injury” to a passenger or another driver, or (2) convicted of vehicular manslaughter while intoxicated, those convictions will count as violent felonies.

And this is just one reason why having a savvy California DUI defense attorney is so important. He/she knows the most effective ways to ensure that you are not convicted of a DUI offense that constitutes a violent felony. By having your charges reduced or dismissed, you will not be subject to the unfair sentencing scheme set forth under California’s three strikes law.

First off, let me say that not everyone who has been convicted of a California DUI should plan on filing an appeal. The California appellate process is very limited and only deals with specific legal issues. This means that unless your DUI case involves one of these issues, an appeal will be fruitless. This is why having a basic understanding of how to appeal a California criminal conviction is so important.

But before you can appreciate how to appeal a California criminal conviction, you must evaluate whether you should file an appeal. Disappointment in the outcome of the case or a personal belief that California’s DUI laws are too harsh are not appropriate grounds for appealing a California conviction. However, police misconduct, unethical prosecution, a biased jury, and/or incorrect legal rulings are.

So if you believe you may have been the victim of an unjust conviction, you should meet with a California appeals lawyer. He/she will review your case and explain exactly how to appeal your California criminal conviction. He/she will explain the types of rules that regulate appeals, the types of written and oral arguments he/she will present and all possible outcomes.

While it is possible for you to represent yourself during the appeals process, know that you will be held to the exact same technical and complex standards as a licensed attorney. This means that unless you master the rules that govern how to appeal a California criminal conviction, you will surely be doing yourself a disservice.

Gary Collins…a two-time DUI offender…was due in a Los Angeles Court for a progress report. Sources say that if he had appeared as scheduled, the judge would have terminated his probation that stems from a 2007 driving under the influence conviction. But because Collins did not appear for court, the judge issued a $100,000 California arrest warrant instead. And now prosecutors are seeking to have his probation revoked which means that Collins could go to jail.

Let this serve as a friendly reminder…when you have a court appearance, appear! Judges and prosecutors don’t look too favorably upon defendants who ignore their legal obligations. Prosecutors request and judges issue bench warrants and arrest warrants on a very regular basis.

And if the police arrest you and bring you into court on your arrest warrant, the penalties only get worse. So if you know that you failed to appear for court, voluntarily go back…especially if you have a valid excuse. If you voluntarily appear, the judge is much more likely to be lenient than if you try to escape liability and only appear because you were hauled in by the cops.

Bringing a California criminal defense lawyer is also helpful, as he/she knows the most effective arguments to convince the judge to reinstate rather than revoke your probation.