DUI ATTORNEY DARYL B. THOMPSON

As of January 1, 2012, state courts are authorized to order a ten year revocation of the driver’s license of anyone who has been convicted of three or more DUI offenses, if the court considers certain factors, including the amount of time since the last DUI convictions.

The bill also allows a person whose driver’s license has been revoked for ten years to apply to the California Department of Motor Vehicles, five years from the latest conviction, to have their driver’s license reinstated, subject to certain conditions. One factor to be considered is whether or not the person has been convicted of any other drug or alcohol related offenses during the revocation period, among other factors.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

The so-called “prison realignment” consisted of the transfer the state’s responsibility for lower-level drug offenders, thieves and other convicts to county jurisdictions.

Thousands of parolees were added to the caseloads of local Probation Departments, whose workers already oversee inmates released from county jails.

This sweeping overhaul of the correctional system should help the state save money, reduce the 70 percent recidivism rate, and bring the state into compliance with a U.S. Supreme Court order to ease prison overcrowding.

San Bernardino County officials have expressed concerns about Brown’s realignment plan because it does not come with allocated funding beyond the current fiscal year. There is a concern that if the funding collapses, there may be a public safety disaster.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

Probation officials shifted caseloads while local  sheriff’s departments updated security plans as a result of the overhaul of California’s correctional system.

The so-called “prison realignment” consisted of the transfer the state’s responsibility for lower-level drug offenders, thieves and other convicts to county jurisdictions.

Thousands of parolees were added to the caseloads of local Probation Departments, whose workers already oversee inmates released from county jails.

This sweeping overhaul of the correctional system should help the state save money, reduce the 70 percent recidivism rate, and bring the state into compliance with a U.S. Supreme Court order to ease prison overcrowding.

San Bernardino County officials have expressed concerns about Brown’s realignment plan because it does not come with allocated funding beyond the current fiscal year. There is a concern that if the funding collapses, there may be a public safety disaster.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation and case evaluation at 1 (866) DUI-BUST.

Costa Mesa – Wednesday, August 31, 2011, 6:00 p.m. to midnight. Location not disclosed.

Cypress – Thursday, September 1, 201, 9:00 p.m., to 3:00 a.m. Location not disclosed.

Mission Viejo – Friday, September 2, 2011, 7:00 p.m. to 3:00 a.m. Location not disclosed.

Laguna Beach – All Labor Day weekend. Increased DUI saturation patrols throughout the city.

For more information visit my website at www.drunkdrivinglawyer.com.

I have represented many out of state residents who have been arrested in California for DUI. They have come from all over the country. Some have been here to visit family, on business trips or they’re here on vacation. Whatever the reason they came to California, they return home with mixed feelings about their experience here.

In California, the Department of Motor vehicles notifies the driver’s home state that the driver’s privilege to operate a motor vehicle in California has been suspended. Thereupon, under the Inter-State Compact Laws, the home state is forced so suspend or fails to renew the individual’s drivers license in their home state.

Senate Bill 1650 which Amends California Vehicle Code Section 13353.2, allows an experienced DUI defense attorney to help you get your drivers license restored in your home state.

For more information regarding DUI Checkpoints, GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyser, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

Know The Vehicle-Let us assume you are about to drive a car. If you are at all uncomfortable or unfamiliar with the car you are driving, you are much more likely to make mistakes or drive erratically. And if you are not driving well, you are more likely to get stopped by a police officer.

If you are driving a car you are not used to—a friend’s car, a car you just bought, or a car you have not driven in awhile—it is important that you take a moment to remind yourself where everything is before you start to drive: emergency brake, transmission, turning signals, windshield wipers, headlights, high beams, hazard lights and so on. To get an overall feel for the car, just grip the steering wheel and put your foot on the brake. Also make sure that the seat and steering wheel are adjusted properly for you.

Taking a few seconds to do this is especially important if you are used to driving a car with a different kind of transmission. If, say, you are driving an automatic when you are accustomed to a manual, spending a minute or two to familiarize yourself with the car can make the difference between getting where you are going safely and slamming on the brake in a frantic search for a non-existent clutch.

Also make sure everything on the outside of your vehicle is in working order and that your vehicle registration tags are current. Police officers often use a minor vehicle infraction like broken taillights or expired registration tags as a reason to stop a vehicle. Things like broken taillights are especially likely to get you pulled over at night when they can be easily seen.

Know Where You are Going-Before you start driving, know where you are going, how to get there, and how to get back home. Getting lost and trying to find the right road will inevitably lead to errors in your driving.

Know Where Not To Go—Avoid Sobriety Checkpoints2Keep alert to sobriety checkpoints, especially during holiday periods. While the police are legally required to notify the public of where and when the checkpoints will be, you may not have gotten the information in time. Before you go out, check the newspapers or websites of your local area.

Know your Rights if the unfortunate occurs, and you are stopped, know your rights and what to expect when you are pulled over.

For more information regarding GPS Monitoring Devices, DUI checkpoints, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

March 11, 2011

Northbound Dover Drive at 16th Street from 9:0 p.m. through 3:00 a.m.

I have defended many “DUI without driving” cases over the years. People are usually charged by the legal concept of “actual physical control” of any vehicle.

If you put your keys in the ignition to play the radio or to heat the car, even if you’re sleeping, you can still be arrested for DUI.

You might be sitting in your car with the key in the ignition, with the engine on, and have no intention of driving your vehicle. And you may be arrested for DUI because you are considered to be in actual physical control of your vehicle.

Actual physical control, by definition, means the defendant must physically be in or on the vehicle and have the capability to operate the vehicle, regardless of whether or not you drove the vehicle at the time.

In California, in addition to actual physical control, there needs to be actual “volitional movement” by the car or evidence thereof.

If you refuse a chemical test, the same rules apply as for a regular DUI test. Often, people will lose their license for a period and be expected to attend DUI classes. A heavy fine is almost always levied by the court, and you will face an increase in the cost of your automobile insurance.

If you are arrested while sleeping in your car, it’s a good idea to see if any businesses in the area have video surveillance camera to establish no “volitional movement”.

A simple way to avoid such charges, it’s advisable to not drink and drive, arrange alternate transportation or have a designated driver. The best way to avoid an arrest for DUI without driving is to get rid of the car keys.

One place to put the keys is in the trunk. Unfortunately, most people don’t think of that until after they’ve been arrested.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

Save Your License: A DUI can result in a suspension of your license. Without an attorney, it’s almost inevitable. Even if this is your first offense, your license may be affected for a year. Under 21, your license can be affected for up to two years. I can help you avoid adverse effects and your driving privilege.

Save Money: Handling the case yourself may actually cost you more money than what my fees actually cost. For some of my clients, cost is their first concern, especially in these tough financial times. How much will the court fines cost? Will my insurance rates really increase? If you hire a DUI attorney, how much will that cost? In many cases, I can get started on your defense with a small down payment.

The most common costs associated with a DUI arrests are the court fines, attorneys fees, and DUI school. Other consequences may include losing your job, increased insurance rates, restitution (if there was an accident) and the cost of an ignition interlock device (for multiple offenders).

Court Fines: a first time offense carries with it fines starting at $390. But, it doesn’t stop there. The court will add a “Penalty Assessment” which is like a tax. The Penalty Assessment is more than 200% of your fine. Other penalties increase your out-of-pocket cost an additional 20%. If the court allows you to convert your fine to community service, you don’t have to pay all those fees, which can add up to more than $1,500.00.Often, there are ways to reduce the amount you have to pay, such as getting credit for time you spent in custody, or having your fines run concurrently to other offenses. I will do whatever I can to limit your court costs.

Attorney Fees: Other firms charge large flat rates. You will find that my fees are considerably lower. These other firms may be charging you for services that you may not need (such as expert fees, trial fees, etc.). I set a fee structure based on only what you need. You don’t pay for trial unless your case actually goes to trial. Flexible payment plans are available. Your initial consultation is absolutely free.

DUI School: The court and/or DMV will likely require you to attend a DUI school unless you are acquitted and win your DMV hearing. Depending on your BAC level, your DUI classes may be fore three month, six months or nine months. The longer the class, the more it costs. These fees are in addition to your court fines and fees. There are many ways I can save you time and money. Call now, I can help.

Your Drivers License: You must request an Admin Per Se hearing with the DMV within ten days fo your arrest. If you don’t, they will suspend your license thirty days from the date of your arrest with a hearing on the merits of your case.

DMV Suspension: First offenders- when you’re arrested, the DMV has already started the process to suspend your license. The officer should have taken your California license and given you a pink slip which is your Temporary License, which is good for thirty days. However, you only have ten days from the date of arrest to contact the DMV to request an Admin Per Se hearing. When we request a DMV Admin Per Se hearing on your behalf, we ask that the DMV stay your suspension. That means that the suspension is on hold, and you can continue driving, pending the results of your hearing.

Court Impact on Your License: Even if you win the DMV hearing, the DMV will suspend your license if you are convicted in court. The DMV has two opportunities to suspend your license.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST

If You Are Stopped on Suspicion of DUI
When you sign for your driver’s license, you give what is known as “implied consent” to having your breath, blood, or urine tested, if you are pulled over on suspicion of driving under the influence.
If you refuse to take the test, your driver’s license will be immediately suspended by the Department of Motor Vehicles (though it’s the officer who physically takes it away). If you’re later convicted of drunk driving anyway based on other evidence, you could face jail time, a higher fine, a longer DUI program, and ineligibility for a restricted license.

If you take the test and register 0.08% blood alcohol concentration (BAC) or higher, the officer will take your license away. You may request a DMV Admin Per Se hearing within 10 days to preserve your rights to a hearing. If you don’t request the APS hearing in a timely manner, the temporary license given to you by the officer will expire 30 days from your arrest date.

Blood Alcohol Concentration Limits

A blood, breath, or urine test measures your blood alcohol concentration (BAC). Illegal limits are:
0.08% and above for drivers over 21;
0.04% for commercial driver license (CDL) holders;
0.01% and above for those younger than 21 and those on probation for a prior DUI.

If the officer suspects you’re on drugs, you’ll have to take a blood or urine test.
Medication
Even if you’ve just taken prescription medicine, you can still face DUI charges. Therefore, know the side effects of any medication you are taking before you get behind the wheel. California law doesn’t distinguish among prescription, over-the-counter (OTC), and illegal drugs.
DUI Penalties
Penalties for DUI are harsh. On a first conviction you may be sentenced to up to six months in jail, fined anywhere between $390 and $1,000, pay a “penalty assessment” equal to approximately three times the amount of your fine, lose your driver’s license for four months, be required to complete a DUI program for from three to nine months depending on your BAC, pay a reissue fee of $125 to have your driver’s license reinstated, and file an SR-22 (proof of financial responsibility) with the DMV.

Subsequent Convictions
If you are convicted of a second or third DUI, you will lose your license for up to four years. Once the revocation period has ended, and you have completed a court approved DUI school, you may be permitted to drive a vehicle as long as it has an ignition interlock device (IID) (you have to blow alcohol-free breath into the IID to start your car). You will not be granted a restricted license allowing you to drive to and from the DUI course.
If someone gets injured or killed, you could be tried under the California Three Strikes law (meaning jail for 25 years to life), as well as be sued in civil court. You’ll also have an administrative hearing with the California DMV, face higher fines, and lose your license for up to four years.
Underage Drivers
Penalties for underage DUI are even harsher. Unless you are employed by someone who is licensed to sell alcohol, and are carrying a closed and sealed container in the course of your employment, it is illegal for a minor to have any alcohol in their vehicle―even in a closed container―unless you’re accompanied by a parent or guardian.
Underage BAC Limits
A BAC reading of 0.01% (Zero Tolerance) or higher gets you arrested and your license confiscated. You’ll get a 30-day temporary license and your regular license suspended for one year. This is before the court penalties that will be imposed upon a DUI conviction.
Restricted License
If this is your first DUI conviction and you are enrolled in a DUI program and have an SR-22 on file with the DMV, as ordered by the court, you may apply for a restricted license that will allow you to drive to and from work, in the course and scope of employment, and  to and from your DUI school.
The Department of Motor Vehicles uses a “point system” to rate driving records, starting each driver with a clean driving record. A traffic ticket, however, can change all that.
Point Values
These are examples of one-point incidents:
An accident in which you are at fault
A minor moving violation (traffic ticket)
These will get you two points:
Reckless driving
Driving on a suspended or revoked license
Hit-and-run accident
Driving under the influence of drugs or alcohol DUI

What Points Do

As you acquire points, you place yourself in danger of losing your driver’s license. The DMV has the right to suspend or revoke your driving privileges if you accumulate a certain number of points over a set period of time.
4 points within a 12-month period
6 points in a 24-month period
8 points in a 36-month period

Contrary to popular belief, driving records are not automatically cleared of all points once the points are over a year old.

Effect on Insurance Rates

When you apply for auto insurance, and every time you renew, your insurance company checks your driving record. If you’ve earned points, you’ll pay more, or be cancelled.

Notification of Points Added

The DMV will notify you when points are logged against your driving record. Once you have received half of the points required for a license revocation, the DMV will send you a warning letter.

Once you get within a single point of the revocation limit, the DMV will send you a Notice of Intent to Suspend, letting you know that you’re close to losing your license.
If your driver’s license is suspended due to points, the DMV will mail you an Order of Probation/Suspension.

Commercial Drivers

A commercial driver’s license holder in California will incur points at one and one-half the rate of a noncommercial driver.

Clearing Your Record

Time will clear your record of any points logged against it. Here is a breakdown of how long each point infraction will remain on your driving record:

One-point additions to a driving record are usually cleared after three years, as are most two-point additions.

Failure to appear in court for any traffic violation will remain on your driving record for five years. Failure to appear in court for a DUI will remain on your record for ten years.

How to Avoid Getting Points

Don’t break the law.

But if you find yourself with a ticket, you might be eligible to attend traffic school to keep the points from being added to your record. Two point infractions, however, cannot be dismissed with traffic school.

Fore more information visit me at www.drunkdrivinglawyer.com or call 1 (866) DUI-BUST.