San Diego Criminal Attorney

San Diego Criminal Attorney
San Diego Criminal Defense is a firm for humans who have been accused of an abomination to be represented in a carefully arcane environment. People facing criminal charges need a devoted and loyal advocate, and the lawyers give them what they need. The San Diego DUI stands for Driving under the Influence of breaking the driving rules under the impact of alcohol or adulterous substances. There are attorneys which works as a serious criminal defense team and are accepted as San Diego Bent Aegis Lawyers. The San Diego DUI attorneys are the representations by the attorneys appear the defendants or the government in a bent case. There are a lot of Drunk Driving Defense experts who accomplished their ambition based on their experience. Conviction for DUI (driving under the influence)/ DWI (driving while intoxicated) carries serious penalties in California. It is important that you hire a drunken driving defense lawyer who will aggressively represent you. Penalties in California for a drunken driving conviction can include: Jail, Large amount of Fines and Court Costs, Public Work Service, Community Service, Home Arrest, Probation, License Suspension, License Revocation, Court Ordered Alcohol Treatment, Court Ordered Alcohol Education active anybody charged with drunk driving, his/her license will be suspended immediately. Even before his/her criminal case goes to court. The suspension has to be challenged within a specific time range. Otherwise, he/she will lose the chance to keep his/her driving privilege. A law firm can represent him/her on the DUI/DWI criminal charge and the license suspension matter. Good lawyers are experienced in dealing with drunk driving and DUI cases and they can handle them with vigor. Aggressive representation is even more critical in DUI accident cases where someone is injured or killed. DUI cases where there is injury or wrongful death are considered felony cases. A person convicted in a felony DUI case may have to serve time in prison. If ones arrest was related to a DUI accident where someone was seriously injured or died, he/she also might be prosecuted for negligent homicide, aggravated assault, vehicular manslaughter or possibly murder. It is essential that he/she should hire a criminal defense attorney to work on his/her defense immediately after his/her arrest. The Law Offices will aggressively litigate all issues that might lead to a person avoiding a conviction. They also will work to reduce any other consequences. They can prepare the case, thoroughly investigate any evidence, and represent him/her in court. In most DUI/DWI cases, the person does not have to appear in court. One should not face a drunken driving charge without an experienced San Diego DUI lawyer on his/her side. Besides needing to act quickly to retain his/her driving privileges, the sooner a defense attorney is hired, the quicker an aggressive DUI defense can be started. As example San Diego DUI Lawyer James Bickford can handle all portions of ones DUI defense, starting with the DMV hearing and preparing for a jury trial. He will file motions to suppress the case, request independent testing of blood or breathe samples taken during arrest, interview witnesses, question the cause of the initial traffic stop, review police reports for variances from proper procedure and challenge all evidence. A total drunk driving defense will be started as soon as contact has been made with San Diego DUI Attorney. When people are accused of a crime; they face the prospect of large fines or even jail time. Having the best defense attorney defending a case makes a difference. Whether you're facing a first time DUI, or you have multiple felony convictions, your case is too important not to get the best legal assistance you can find. Attorneys know their clients are worried about losing their license, their employment, or even their freedom. They know that when this happens people need quick and clear answers to their legal questions. They also often arrange for a bail bond to be posted, or fight for a bail reduction to release your loved one, so that the case can be defended with the client free. A good lawyer can deal anything related to their case.

What are the legal ramifications of a DWI and a DUI?

DWI (driving while intoxicated) and DUI(Driving Under The Influence) are defined as operating a vehicle while impaired by alcohol consumption. If your blood alcohol concentration (BAC) is .08 or higher, or you have a chemical or controlled substance in your blood, you are considered legally impaired. DWI and DUI are serious offenses and come with very harsh penalties in the state of Florida.

Drinking and driving is extremely dangerous and results in the death of many innocent people each year. The laws against doing so are becoming increasingly tougher. As the offender repeats the crime, the penalties grow worse. A conviction for DWI/DUI will remain on your record for seventy-five years. Basically, one mistake and it will follow you for the rest of your life.

Your First Conviction

Even your first conviction will cost you dearly. Here are the penalties for the first DWI/DUI conviction:

* Fines ranging between $250 and $500. A BAC of .20% or higher, or having a minor in the vehicle with you, raises your fine to $500-$1000.
* Mandatory fifty hours of community service. If you do not perform your community service, you will receive an additional fine of $10 per required hour of community service not performed.
* One year of probation.
* A minimum of eight hours of jail time and as long as six months in jail. If your BAC is .20% or higher, your jail sentence could be as much as nine months.
* If someone else is injured or killed as a result of your DWI/DUI, you can face at least two years in jail.
* Your vehicle will be impounded for ten days following your release from incarceration.
* Your driver's license will be revoked for a minimum of six months.

Your Second Conviction

The second time you are convicted of DWI/DUI, your fines will range from $500-$1000. If your BAC is .20 or higher or you have a minor in the vehicle, it will range from $1000 to $2000. Your jail time will increase to nine months, twelve if your BAC is .20 or there is a minor in the vehicle. Your vehicle will be impounded for thirty days and your driver's license revoked for at least six months. If it is the second conviction you have received in five years, ten days of mandatory incarceration is required. You will also lose your license for five years. You may be able to apply for a hardship license after one year.

Your Third Conviction

If it has been less than ten years since your last conviction, your fines will be $2000-$5000, jail for thirty days, vehicle impounded for ninety days and license revoked for at least ten years. Outside the ten year period your fines will range from $1000 to $2500. Your jail time will be up to twelve months. Your vehicle will be impounded and your license revoked for at least five years.

Any Additional Convictions

* Fines of at least $1000. For a BAC of .20% or higher, at least $2000. There is no maximum amount posed on fines.
* Incarceration for up to five years.
* Mandatory permanent revocation of your license. There will be no eligibility for hardship reinstatement.

The penalties listed only relate to standard convictions and are the best case scenarios for conviction. There are other factors involved when determining penalties such as: under age drinking and driving, property damage, injury to someone else (felony) or death to someone else (manslaughter).

DWI and DUI - Six Things You Need to Know

1. I've Been Arrested for DUI or DWI. Should I Plead Guilty and Get it Over With?

A DWI or DUI arrest is serious business. So whatever you do, do not plead guilty until you have reviewed your case with an attorney who specializes in DWI and DUI defense. From the moment you're arrested, your DWI or DUI arrest has many time-sensitive consequences that you must face immediately. If you're convicted, you could face substantial jail time, lose your driver's license and license plates and possibly even forfeit your vehicle. Plus, your insurance company will jack your rates sky high.

Make certain that the attorney you retain is not only a highly experienced criminal defense attorney, but one who also has handled hundreds of DWI and DUI cases. An attorney who specializes in DWI and DUI defense will best help you get the best possible outcome. Before retaining an attorney, do not:

Talk to any police investigators or insurance investigators who may question you.

Discuss the facts of your case to others, including friends and family. Anything you say to may be used against you later and you risk making that friend or family member a witness against you.

2. I Have to Go to Court for DWI/DUI. Should I Hire an Attorney First?

Yes, make every attempt to retain an attorney who specializes in DWI and DUI defense before going to court. If for some reason you must go to court without first hiring an attorney who specializes in DWI and DUI defense, ask the judge for a continuance so that you can hire one. Do not waive any hearings or consolidate any hearings. Ask the judge to continue the hearing you are having. Most judges will grant you a continuance to hire an attorney, but this might be your only continuance, so hire your attorney ASAP. If you go to court without a lawyer, do not:

Make any statements about what did or did not happen during your case. Everything you say in court may be used against you later.

Speak to the prosecutor in an attempt to negotiate the case yourself. The prosecutor is working against you and is not going to help you. While no attorney can ever guarantee a particular result, they can mount legal defenses and constitutional challenges you simply would never think of or know how to apply.

Apply for a public defender if you cannot afford to hire an attorney who specializes in DWI or DUI defense.

3. How Much Will a DWI or DUI Defense Cost?

There are many factors that go into determining a fair fee for each individual case.

4. What is the difference between DWI or DUI?

DWI is a criminal offense which is also referred to as Driving under the Influence (DUI) or drunk driving. The term "drunk driving" is very misleading as one need not be either drunk or driving to be convicted. DWI stands for Driving While Impaired. Generally speaking, in order to be convicted of a DWI, a prosecutor must prove that the person was either driving, operating or in physical control of an automobile at a time when that person was either impaired by the use of alcohol and/or drugs, or at a time when that person had a blood alcohol concentration of .08 or more or tests revealed the presence of an illegal drug. A person who refuses a test to determine the presence of illegal drugs or to determine their alcohol concentration may be convicted of a DWI Refusal if the arresting officer had sufficient reason to request the test.

5. "Alcohol concentration" is defined by the statute as:

a. the number of grams of alcohol per 100 milliliters of blood;

b. the number of grams of alcohol per 210 liters of breath; or,

c. the number of grams of alcohol per 67 milliliters of urine.

Practically speaking, if you've been drinking, unless you are a physicist, an engineer, or a chemist, and have a calculator, you will be unable to determine if you have an alcohol concentration of .08 or more. Further, it is of interest to note that the amount of alcohol in each of the above statutorily defined concentrations is not equal, and can therefore result in a person being innocent according to one concentration but guilty according to another. Moreover, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of either normal mental or physical faculties but still be guilty of being intoxicated via .08.

6. What are the penalties for DWI?

There are four "degrees" of DWI, each with their own maximum penalty.

Fourth Degree DWI is a misdemeanor offense punishable by up to 90 days in jail and a $1,000 fine. A person may be placed on probation for up to two (2) years if convicted of this offense. A Fourth Degree DWI would be applicable where a person tests at between .08 and .19 and that person had not had a previous alcohol-related driving offense in the preceding ten (10) years.

Third Degree DWI is a gross misdemeanor offense punishable by up to one (1) year in jail and a $3,000 fine. A person may be convicted of this charge if they had: 1) refused the test, 2) tested with a blood alcohol concentration of .20 or more, 3) had a passenger under the age of 17 in the vehicle, or 4) have one prior DWI offense or alcohol-related revocation of their license in the preceding ten (10) years and test over .08 and less than .20.

Second Degree DWI is similar to Third Degree DWI except that it also calls for the forfeiture of the vehicle involved. A person may be convicted of this charge if they have any combination of two of the factors listed above for Third Degree DWI.

First Degree DWI is the most serious DWI offense. It is a felony offense punishable by up to seven years in prison and a $14,000 fine. A person sent to prison for First Degree DWI is also subject to a five-year conditional release (parole) period after they serve their sentence. In order to be convicted on First Degree DWI, a person must have three prior DWI offenses, or alcohol-related revocations of their license, in the preceding ten (10) years.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.