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DUI | San Diego Law Blog - Part 4
Will a DUI in Another State Count on My California Driving Record?
California was one of the first states to join the Interstate Driver’s License Compact (IDLC) in 1963. The IDLC is an agreement entered into by 45 U.S. states to share information about arrests and convictions related to driving. If you are arrested for DUI in one of the other 44 states belonging to the compact, that state will share the information with California, and it will count on your driving record.
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Getting Your CDL Back After a Suspension in California
To get a commercial driver’s license (CDL) in California, in addition to meeting federal requirements, drivers must successfully complete an Entry Level Driver Training (ELDT) program conducted by a registered provider, with a minimum of 15 hours of behind-the-wheel training. CDL holders are subject to California state laws, as well as federal regulations. This includes the potential to have a commercial driver’s license suspended.
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Prosecutors Eye San Diego County DUI Surge in 2021
Deadly DUI crashes have risen dramatically in San Diego County and six other counties in the state, with fatal DUI accidents up 15 percent statewide. The cause for the rapid rise is believed to be related to the pandemic. Alcohol sales have increased during the pandemic, with a corresponding increase in DUI driving and fatal accidents. In San Diego County, the deaths from DUI accidents are double the average, the highest in two decades. To try to stem the tide, law enforcement, in greater numbers, are patrolling the streets and highways.
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How Military Jurisdiction Applies to a DUI Arrest
If you are in the military and charged with DUI, it could impact your life, both on and off base. A DUI conviction can have profound consequences for a service member. Punishment for this offense can involve an interaction between both the military and civilian justice systems.
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Time Served With SCRAM: What You Should Know
Being convicted of a DUI with another prior conviction on your record can drastically increase your penalties. While a first-time offender may be able to avoid jail time with the right defense, second and subsequent charges can elevate your punishment and lead to additional restrictions. If you have an alcohol-dependency, the court may require you to avoid alcohol while out on probation or during a pre-trial release. In California, this may mean wearing an ankle monitor specifically designed to detect alcohol.
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When Medical Conditions Lead to DUIs
In order to be charged with a DUI, a police officer must have a reasonable suspicion of that to pull you over. They may claim you were speeding, weaving between lanes, or stepping on your brakes intermittently. However, not all of these actions are the result of alcohol or drug use. Even if you fail a field sobriety test, that does not always mean that you were intoxicated. In some cases, a medical condition can result in symptoms that mimic intoxication and lead to a false positive during a traffic stop.
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When Is a DUI with Injury a Felony?
A DUI with injury may be a felony when it causes harm, when it is your fourth offense DUI, or when the result is manslaughter. When a DUI is pursued as a felony charge, the stakes and repercussions can be severe, and life can become even more complicated.
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Will a DUI Charge Impact My Custody Rights?
Child custody can be one of the most contentious issues in a divorce or relationship breakup. In many cases, the court will make the decision regarding child custody. When custody is shared, and you have been arrested and charged with DUI, questions regarding parenting could be exploited by the lawyer representing the other parent.
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Will an Old, Out-of-State DUI Affect My Current Charge?
Having to go through the process of fighting a DUI once can be draining, especially if your case ended in a license suspension and criminal penalties. Years later, you may think the charge is far behind and that you have paid your debt to society. But if you end up on the wrong side of the law again, that old DUI charge may come back to haunt you – even if it took place in another state.
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The Impact of a DUI on Your Visa
California has one of the largest immigrant populations in the United States, serving as a home to thousands of people from all around the world. Many are here legally, attending school and working for local businesses on certified visas. While these documents can be key to a new life, there are several strict rules you have to follow. If you are arrested for driving under the influence of alcohol or drugs, it can put your visa in jeopardy.
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