What Are the Penalties for a Second DUI?

March 27th, 2011 Posted in Criminal Defense, DUI, Real Life, Traffic
Mar, 27 2011
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If you get cited for a second DUI within 10 years of your first DUI, you are in a very serious situation. We all make mistakes, but the legislature has decided that second DUI offenders deserve harsh penalties if convicted of DUI. A first DUI is serious enough, but a second carries far greater potential penalties. In San Francisco, the potential penalties for a second DUI are listed below, assuming there are no aggravating factors.Second DUI arrest

  • 10 days to a year in jail
  • 3 – 5 years of probation
  • A fine of $1,650 to $2,800
  • A 1 year to 18 month driver’s license suspension.
  • 18 -30 months of an alcohol/anti-drunk driving course
  • *If there are aggravating factors, the possible penalties for a second DUI are increased.

If you are arrested for a second DUI, it is absolutely imperative that you contact an attorney immediately. You’re facing a potentially life changing event, and you need the best representation you can afford. The penalties for a second DUI conviction are substantial, but the district attorney has to prove their case first. Even with a second DUI arrest, you still have protected constitutional rights, including the presumption of innocence. We also have the ability to negotiate with the district attorney for a plea deal for a reduced sentence.

When you hire an experienced attorney for your second DUI, you take the first step towards taking control of the situation and minimizing the damage. If you are arrested for Driving Under the Influence, you only have 10 days to request a hearing at the California DMV. Otherwise, the California DMV will automatically suspend your driver’s license. If you have questions or are ready to hire an experienced DUI attorney, contact Beahm Law at 415.493.8677.

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Do I Have to Disclose My Expunged Record?

March 19th, 2011 Posted in Criminal Defense, Record Cleaning
Mar, 19 2011
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One question that comes up on a regular basis is “do I have to disclose my expunged record?” do i have to disclose my dismissed record

Most of the time, the answer is no. Once you have an expunged California record, if a private employer asks if you have been convicted of a crime, you can legally reply “no.”

There are exceptions as to when you are required to disclose a dismissal or expungement. If you want to run for public office, obtain a state or local license, or work with the state lottery, you must disclose your conviction, though you can of course note that your case was dismissed.

An expungement, most accurately known as a “dismissal” under California law, opens your criminal record, dismisses the conviction, and then closes the file under Penal Code Section 1203.4. Legally speaking, you were not convicted. However, your file will still contain a record, which will indicate the crime you were charged with, with the notation, “DISMISSED.” Nearly all misdemeanors and non-traffic infractions and some felonies quality for expungement.

The most common reason clients seek dismissal of a conviction is because it is keeping them from getting a job. A number of the insurance companies used by businesses refuse to hire employees with convictions. Other reasons include renting or buying a house, obtaining a professional license, and entering the military.

The typical time frame for Beahm Law to get a record successfully expunged is from six weeks to four months. If you have questions about whether you have to disclose your expunged record, or whether an expungement is a good option for you, call us at 415-493-8677 anytime.

 

 

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Watch Out For St. Patrick’s Day California DUIs

March 17th, 2011 Posted in Criminal Defense, DUI, Real Life
Mar, 17 2011
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Even if the beer that you drink is green, you can still get drunk. So don’t count on magical Lepricons to drive you home. St. Patrick’s day is a great holiday and it’s quite a bonus that March Madness starts at the same time. That said, it’s also an occasion where people tend to overindulge and run into legal troubles. California DUI

A California DUI can bring serious punishments if you are convicted.  Even first time offenders face fines up to a thousand dollars, up to six months in prison as well as a four month suspension of driving privileges.

In 2009, 103 people died in car crashes in the U.S. on St. Patrick’s Day. About half of those crashes involved drivers with a blood alcohol content above the legal limit, according to the National Traffic Highway Safety Administration.

The best advice is to avoid driving if you’ve been drinking, as the breathalyser can be widely inaccurate. Leave your keys at home, or call a taxi, a sober friend or family member, or use public transportation. Of course, a lot of people are going to ignore that advice, so if you get pulled over and want to avoid a California DUI, here are a few more tips:

  • Don’t admit to anything or offer any statements or explanations.
  • Don’t do any field sobriety tests. They are only going to be used against you. Say, “I know you’re only doing your job officer, but those tests are unscientific and I decline to participate.”
  • Tell the officer that you want to speak with an attorney and that you do not want to answer any questions. Again, be polite.
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