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California – What happens when you get a DUI?
by: H. Gillogly
This is one of the most common questions asked to DUI lawyers. When you ask lawyers this question, you do not always get straight answers because every circumstance is different. According to DUI.com the most common penalties are as followed.

$1200 fine

3 years probation

3-5 days sheriff work alternative program

4 months suspended license

First offender school

When a driver in the state of California is arrested for driving under the influence of alcohol their driver’s license is immediately confiscated by the police and then served with the DMV’s ‘Notice of Suspension’. This will formally suspend their license, provide temporary driving privileges for 30 days and will also explain some aspects of the applicable law. In addition, it states that there is a right to contest the suspension and force the DMV to return the license as long as the DMV’s Local Driver Safety is contacted by the attorney within 10 calendar days of the arrest.

A driver’s license is immediately suspended if their blood alcohol level is above .08% (or above .01% for drivers under 21 years of age) or if they refuse to take a chemical test. If the driver is from another state other than California, then the officer has no right to seize their license. However, the officer will issue a ‘Notice of Suspension’ which suspends the driver’s license in the state of California (after 30 days) from driving. If there is a conviction in court, the state of California will contact the home state of the convicted party, and that state will usually suspend their license the same way they do it there.

Ramification of Getting a California DUI

First off – getting a DUI will cost you money.

First offence: $390 - $1000 plus local fees, penalties and assessments for total of $1300 - $3500. This doesn’t include any lawyers fees –which can be from $500.00 to $15,000 depending on if you’re in a small town or large metro area. Generally speaking the more experienced the lawyer (and you want an experienced lawyer) the more it will cost.

There are social ramifications of getting a DUI as well. A charge of DUI/DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Some employers may decline in hiring someone because of a felony level DUI.

Ask yourself before getting behind the wheel after drinking if it’s really worth it. Based on the above –a cab ride home is downright cheap. Be safe –not sorry.

About the author:
This article can be freely reprinted as long as this resource box and all links stay intact.

Kerry L. Steigerwalt is one of the most successful and prestigious criminal defense lawyers in San Diego. If you have been convicted of a DUI please visit us at http://www.sddefenselawyers.com


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Personal Injury Lawyer - Do We Need Them?
 by: Mumtaz Shah

Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an accident lawyer as soon as possible after the accident you may well end up regretting your decision. The overriding reasons for saying this are two-fold:

• the insurance company you will be making your claim against are trying to minimise their losses; and

• you most probably don't know what you're entitled to.

As A Victim Of An Accident

Let's assume you are the victim of an unfortunate accident. Let's further assume that your insurance company has come through and has agreed to pay all your medical bills. Now, you may well be feeling that your insurance company are the good guys and you don't need a lawyer's advice. Wrong!

What's happened is nothing less than what the insurance company is obligated to do under the terms and conditions of your accident policy. Moreover, the insurance company is hoping to play on the fact that you feel somewhat indebted to their generosity.

Profitability

That way, they hope, you'll not bring about a bigger claim for what you are rightly entitled to. In the long run that means that they don't have quiet as big an insurance claim loss and they can still make a profit from your policy.

In short, they are protecting their financial wellbeing at the cost of your entitlement rights. But, unless you have spoken to a personal injury lawyer you'll not know this and you'll feel that everything is fine.

So, the next time you are in an car accident or accident, ask yourself this question: 'Is my insurance company interested in protecting me and my rights, or are they more concerned with paying a dividend to their shareholders?'

Non-Profitability

On the other hand, a professional compensation lawyer is normally an ethical impartial third party who knows what your rights are. Aside from possibly being paid a fee, not from or by you, he's also likely to have another job to help a victim better than its' insurance company, (and, keep in mind, if any court proceedings occur, these fees are reclaimed from the opponent side).

So, why shouldn't they tell you the truth about what accident compensation you are entitled to? What's more, even if he does have a financial interest in your case, surely the better compensated you are, the better compensated he is?

As such, if anything, he has even more interest in making sure that you know exactly what your rights are and of making sure that you claim for those rights according to what you are entitled to.

Looked at it like this, it not too difficult to see who the interested party is and who the independent party is. Now ask yourself: 'Do you want to take advice from someone who is interested in minimising your claim, or someone who is interested in maximising it?'

Cause Of An Accident

Now let's look at it from the point of view of, you being the person at fault in the accident. You may well feel that you have nothing to fear, as your insurance company will pay for the damage done. You may even find that initially your insurance company agrees with this. But why...?

Unless you see an accident lawyer as soon as possible after the accident you'll never know. Why? Are you 100% sure that it was your fault...?

Being Polite

The insurance company has to be polite, you're their customer! However, once the claim is over and you're thrilled with their service, you're definitely going to renew your policy. But the extra couple of hundred they ask for will justify the accident? 'Sir/ma'am, you had an accident and your premium has increased!'

Knowing exactly what your rights or obligations are after an accident can be extremely tricky. In most cases it will depend on what happened to cause the accident in the first place.

As such, seeking the advice of a compensation lawyer as soon as you can following an personal injury is the only independent way you can really determine and know exactly what you are entitled to or what you may be liable for arising from the accident.



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