Category: Drunk Driving Charges

Remain Polite When Facing DUI Charge

Remain Polite When Facing DUI Charge

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Drunk Driving Charges on Wednesday, May 24, 2017.

dui charges

Any cursing, running, using force against the officer or disobeying orders can exacerbate the situation and may count against the driver.

Sometimes California drivers operate their vehicles after having a few drinks, thinking that their blood-alcohol levels are below the allowed level of .08 percent for adult drivers. The consequences could be severe if they are pulled over and arrested — even without a conviction. The manner in which a driver handles such a traffic stop may play a role in the severity of any DUI charge that is filed.

Pulling over immediately upon an officer’s command may be a good start. The driver should then switch off the engine and put both his or her hands on the steering wheel. The driver must then remain in the car until the officer asks him or her to get out.

A driver has the right to remain silent. It may be best to be polite and follow the orders of the officer. Answering basic questions could be okay, but providing information that may be self-incriminating is unnecessary. The driver need not tell officers how many drinks he or she consumed. Nor is it necessary for the driver to explain where he or she came from and who else was there.

Even if the driver remains polite, a DUI charge may be filed. If this is a driver’s first DUI arrest, it will likely be a daunting experience, but the best step is to ask permission to call a criminal defense attorney. An experienced California DUI defense attorney will explain the proceedings that will follow and can be present during questioning to ensure the driver’s legal rights are protected. If the case goes to court, the lawyer can navigate the proceedings and work toward achieving the best possible outcome.

Source: Huffington Post, “5 Things to Do If You Are Pulled Over For a DUI“, Victoria Yore, Accessed on May 19, 2017

Fatal SUV Roll-Over Leads to Felony DUI

Fatal SUV Roll-Over Leads to Felony DUI

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Felony DUI on Thursday, May 18, 2017.

Shortly after midnight on a rainy Monday earlier this month, a man from San Diego lost his life when his car crashed into an SUV that had previously rolled over. The SUV driver is now facing a felony DUI charge.

The crash resulted in delays, as traffic had to be diverted into the carpool lanes.

According to authorities, the accident occurred in rainy conditions on Interstate 15. A crash report indicates that a 19-year-old driver lost control of her SUV and slammed into the dividing barriers between the carpool lanes and southbound I-15. The impact caused the vehicle to roll onto its roof. The driver suffered serious injuries, and paramedics transported her to a hospital in La Jolla.

The California Highway Patrol report says another sedan, driven by a 42-year-old man, could not avoid the wreck and smashed into the SUV. This driver did not survive the crash, and his death was declared at the accident scene. The driver of the SUV was arrested on suspicion of drunk driving. The charges against her also include vehicular manslaughter while under the influence.

Source: Rancho Bernardo, CA Patch, “Man Killed In I-15 Wreck Identified“, May 9, 2017

Any California driver who faces such serious allegations will likely seek the assistance of an experienced criminal defense attorney. Such a professional can examine the charges, along with the available evidence, before devising a strategy to defend the felony DUI charge. If a conviction cannot be avoided, the lawyer will likely endeavor to achieve an outcome that will limit the severe consequences that are typically associated with DUI-related convictions.

Defending Felony DUI Charge

Defending Felony DUI Charge

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Felony DUI on Monday, May 8, 2017.

When a driver in California is arrested for driving under the influence of alcohol, the seriousness of the charge will depend on whether his or her offense is seen as a misdemeanor or something more serious.

Certain circumstances can elevate a misdemeanor DUI charge to a felony. The consequences of a conviction can have an adverse impact on any person’s personal and professional life, and a strong defense might be necessary.

The BAC limit in California is .08 percent, but if toxicology tests determine a driver’s BAC to be at an excessive level such as .16 or higher, he or she could face a felony charge. Also, if anybody suffers bodily harm as the result of an impaired driver’s negligence, a felony charge may follow — but only if the driver caused the injury. Prior DUI convictions can also count against an alleged drunk driver.

If a DUI offense occurs while a driver has a restricted, revoked or suspended license, the probability for the charge being elevated to a felony will be high. If authorities stop a vehicle with child passengers, and the driver is found to be impaired, he or she will likely face felony charges, which will include child endangerment. The age of vulnerable children varies from state to state.

Source: FindLaw, “Felony DUI“, Accessed on May 5. 2017

Any California driver whose DUI charge has been elevated to a felony charge will likely explore the defense options. The logical step might be to consult with an experienced DUI defense attorney who can examine the charges and the evidence and explain the potential consequences. However, it is possible to successfully defend such charges, and even if the lawyer cannot get the charges dropped, he or she will work toward the best possible outcome.

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