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-1238255816605029835409575Critical Days of Summer 201316002019685 DUI AWARENESSBottom of Form Think about it.Do you ever drive home after having a glass of wine or two with dinner? Do you ever run to the store after you had a couple of beers at home? Do you ever drive home after going to a club dancing? Have you ever driven home after having a drink at a friend’s house? Have you ever had a drink after a concert, play, or sporting event and driven home? It’s Not ‘IF’ You Get Pulled Over, It’s ‘WHEN’ It’s Going to HappenYou ARE Going To Get Pulled OverSelect the type of Lawyer you needDUI and DWICriminal DefenseTraffic TicketsWrongful DeathCalifornia’s DUI laws are some of the strictest in the United States and can lead to months, years, or even a lifetime of negative consequences. DUI laws are complex because of all of the variables that can be involved in a San Diego DUI case. How the defendant is charged and how penalties are imposed depend on a number of factors. 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. DMV Administrative Consequences for DUIWhen someone is arrested for DUI in California, they are given a slip of paper outlining the charges. This slip also acts as a temporary license that expires ten calendar days from the date of the arrest. 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. Remember, it is ten calendar days from the date of your arrest, not business days. 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. The penalties for DUI depend on the circumstances of your case. Refusal to submit to chemical testing results in harsher penalties, even if you were not under the influence when you were asked to submit to the testing. 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. California DUI PenaltiesThe criminal penalties for a DUI conviction in San Diego depend on how a DUI is being charged, how many prior convictions a defendant has, and other circumstances. Penalty enhancements may be made if the DUI resulted in injury to others. The DUI penalties in California include fines, court costs, probation, jail time, alcohol treatment programs, and the possibility of being required to have an ignition interlock device installed in your car.First California DUI OffenseWithout probation, the penalties for a first conviction within ten years are:96 hours to six months of jail time Fines of $390-$1,000 6 month license suspension Second California DUI OffenseSecond convictions within ten years have the following penalties:90 days to one year in jail Fines of $390-$1,000 Two year license suspension Third California DUI OffenseAs the convictions continue to accrue, the penalties for DUI become more severe. A third offense can result in the following:Three year license revocation $390 to $1,000 fine 120 days to one year in jail Fourth California DUI OffenseFourth and subsequent DUI offenses are charged as felonies so the penalties are more serious. Penalties for a felony DUI include:16 months or 2 to 3 years in state prison or 180 days to one year in a county jail Four year license revocation Fines of $390 to $1,000 When a civilian client is arrested for driving under the influence (DUI), known in California as a violation of California Vehicle Code (CVC) §23152(a) or §23152(b), they are informed that such a charge requires fighting a two-front battle. First, you are fighting a civil/administrative battle with the Department of Motor Vehicles. Second, you are fighting a criminal battle with the charging District Attorney’s office that is prosecuting your case.When members of our Armed Forces are arrested for DUI off base, there are additional penalties they are facing because of their being a member of the military. The primary DUI laws and penalties imposed on members of the military are established in the Uniform Code of Military Justice (UCMJ) and the Manual for Court Martial (MCM). These military enhanced consequences are IN ADDITION to the civilian penalties and consequences if the military member is convicted of DUI.Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. Defending a Marine against DUI charges requires engaging in all three battles; the civilian charges in criminal court, the admin per se sanctions imposed by the California DMV (as well as the DMV in the state of residence of the military member, as many are not California permanent residents or California licensed drivers), and the military base and/or court martial proceedings.It should be noted that being arrested for DUI on base is VERY different from being arrested off base, mainly because of the difference between state jurisdiction over a person whereas the military base falls under FEDERAL jurisdiction. A member of the military could be excluded from civilian prosecution if the DUI offense occurs within the federal jurisdiction of a military base.Each branch of the armed services has its own specific disciplinary actions and loss of privileges for DUI & alcohol related misconduct by its members. For example, Marines stationed on Camp Pendleton who are arrested for DUI in Oceanside, San Diego or other surrounding areas will face a military administrative hearing to determine whether they will be able to keep their on-base driving privileges. Often the base commander will revoke such privileges in the hope of encouraging the member to stay on base, or alternatively, to get someone else to drive if they will be leaving base for a night out. Such revocation of driving privileges can have drastic affect on the client whose primary job may be driving heavy machinery or other military transportation vehicles. In fact, some Marines have been discharged as unable to perform their duty because of their driving privileges being suspended.If you are a Marine on active duty at Camp Pendleton and have recently been arrested for DUI in Oceanside, San Diego, or anywhere in Orange County, you are potentially facing discharge from the Marine Corps due to these allegations. For your reading factors associated with variation in DUI conviction. (Notice: Report is 150 pages long…attached for informational purposes only)Please review the “Marine Corps Traffic safety Program”, MCO 5100.19F. and “MCB Camp Pendleton Base Regulation”, BO 5100.2L. 159829578105 ................
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