Real Newport Beach DUI Questions and Answers from individuals arrested for DUI
The following Newport Beach DUI Questions were asked by real people facing a DUI charge.
Q: What happens when you get a DUI in Newport Beach?
The arresting officer said I was swerving and I blew .09% at the station. Should I get a Newport Beach DUI attorney to fight it? Will I lose my drivers license?
A: What happens regarding your Newport Beach DUI and driver's license will depend if you merely plead guilty or if you hire an experienced Newport Beach DUI attorney.
The legal limit for drinking is a .08. If your blood alcohol level is a .09 BAC there are various arguments regarding rising blood alcohol levels and such that can get you out of the Newport Beach DUI.
In addition, you have 10 day to contact DMV to fight the license suspension, so you must act quickly to make your decision to hire an experienced Newport Beach attorney or not. I have handled Newport Beach DUIs before and I offer a free-consultation. Call 877-717-2889 to speak to an experienced Newport Beach DUI attorney.
Q: If someone gets a Newport Beach DUI...?
Can their Newport Beach DUI arrest affect their chances of being a firefighter?
A: A Newport Beach DUI conviction may make you ineligible for firefighter employment.
A Newport Beach DUI conviction can have dire consequences for an individual seeking firefighter employment and/or a commercial driver's license.
It is my understanding that most fire departments require their employees to have a valid commercial driver's license. I have also been told by individuals in the industry, due to liability reasons, departments rarely hire individuals with a recent Newport Beach DUI arrest in the background.
However, if you haven't plead guilty to the Newport Beach DUI yet, hire an experienced Newport Beach DUI attorney and try to fight your way out of a conviction.
Q: How soon will I need to appear in court for Newport Beach DUI case?
I got DUI in Newport Beach, California on August 7th. As of today I have not received any papers regarding when I need to appear in court. I need to leave the country for 2 weeks. What will happen to my Newport Beach DUI case?
If someone can give me a tip when approximately the Orange County Superior court will schedule my trial and/or what I need to do to postpone my hearing for my Newport Beach DUI arrest.
A: Your DUI case out of Newport Beach can be filed within days of the arrest or it may take months for Orange County District Attorney to file charges in your Newport Beach DUI Case.
For a misdemeanor DUI in Newport Beach, you can hire an experienced Newport Beach DUI attorney to appear on your behalf.
The arresting officer should have given you notice of your Orange County Superior court date. You can always call the Newport Beach police department and ask for this notice.
If you were bailed out the night of your Newport Beach DUI arrest, the bail agent should have given you notice of your court date.
Each county is a bit different, but lately there has been anywhere between a 45-90 day wait for court dates for Newport Beach DUIs. There are exceptions to this rule though. Nevertheless, the Orange County Superior court can't expect you to appear in court without giving you notice first of the court date.
Expect to see a letter in the mail from the Orange County DA's office. (hopefully). If you'd like to speak to an experienced Newport Beach DUI attorney about your situation, call 877-717-2889.
Q: Can you be convicted for DUI based only on what the arresting officer saw?
Got a friend who was recently arrested for DUI in Newport Beach . Was moving his car in a parking lot one night and backed into another vehicle. The Newport Beach Police were called in just to fill out accident report. The Newport Beach Police showed up and after an hour and a half police decided to offer FSTs which he declined to take. They then offered asked him to take a certified chemical test, my friend asked to take PAS first, officer said no, so he refused to take the test. Another 30 mins go by and officer then tells him he is going to be arrested for DUI because my friend has a prior Newport Beach DUI conviction 5 years earlier.
The DUI refusal has been thrown out (never told about license suspension and other stuff) the state only has a witness that saw my friend get out vehicle and what the officer says he saw when he arrived at the scene. No video of arrest, no one to testify to driving pattern, no statement of friend saying hat he had been drinking. Just wondering if it's enough evidence to convict with only the officer saying he noticed bloodshot eyes, poor speech and odor of alcohol.
I just never realized that all it took was an officer saying something. What a world we live in where someone can be not only accused, but convicted of a crime based on what one person "says" happened. I'm not for drinking and driving, but it seems like they can convict you for it with little or no solid evidence, other than heresay. More or less sounds like guilty until proven innocent.
A: A person arrested for DUI in Newport Beach can be convicted on the officer's observations alone.
Newport Beach Police Officers are trained to recognize both the Objective and Subjective signs of intoxication including blood shot and watery eyes, slurred speech, intoxicated behavior, etc, etc.
Their training coupled with their observations and the defendants statements are evidence enough of not only an arrest for DUI in Newport Beach, but also a Newport Beach DUI conviction. No Sobriety Tests? They'll say that the defendant knew he was drunk and thereby didn't do the tests. Although it is your right to refuse such tests, that's the mind set that is the consequence of such refusals.
That said, with the right Newport Beach DUI Attorney, you can pick apart these observations and create doubt, and that maybe enough to convince the DA to offer something other than a DUI or convince a jury to acquit the accused.
Q: Can a passenger sitting in their driveway be charged with a Newport Beach DUI if they had some one drive them home and left?
My daughter and her friend picked me up from a bar in Newport Beach because I was drunk. When we arrived home my daughter went in the house and her friend left with another person to pick up my other daughter.
Approximately, 30-40 seconds later a Newport Beach officer approaches me while I was scratching a lottery ticket in the passenger seat before going in the house. The officer then arrests me for DUI even though I told her I wasn't driving the vehicle. Can I be charged with dui if wasn't even driving and the cop shows up several seconds later looking for the car?
Additional Details:
I do not know if the keys were left in the ignition because I wasn't paying attention and my timing may be off because again I was drunk but I do know it took long enough for him to leave and for my daughter to get in the house to head for the bathroom before the cop showed up. The cop also stated to the court that she was cut off by a car and was not close enough to me as the reason for the delay.
A: Yes, you can be arrested and charged with a DUI in Newport Beach if the officer has a reasonable belief that you were driving while intoxicated.
As an attorney, I sit and read this, and the real question is why did the officer approach you?
I see cases like this and usually there is someone who call 911 and reported a Newport Beach drunk driver and may have even followed you home.
Can you be arrested for a Newport Beach DUI? Obviously yes! However, seems like you have several defenses including the very popular "no driving" defense.
Q: What happens when you get a Newport Beach DUI?
I got a DUI in Newport Beach, California. The Newport Beach police officer said i was swerving, not speeding and blew a .09% at the station. Should I get a Newport Beach DUI attorney to fight my case?
A: Yes, you should get a Newport Beach DUI attorney to fight your case!
The legal limit for drinking is a .08. If your blood alcohol level is a .09 BAC there are various arguments regarding rising blood alcohol levels that can get you out of your Newport Beach DUI.
In addition, you have 10 day to contact DMV to fight the license suspension, so you must act quickly as to your decision to hire an experienced Newport Beach DUI attorney or not. I have fought Newport Beach DUIs before and I offer a free-consultation. Call 877-717-2889 to speak to an experienced Newport Beach DUI attorney.
Q: 2nd Newport Beach DUI in 6 years. What will happen?
I got a prior DUI in 2004 and completed all that crap. Paid the fines, went to DUI school, all that jazz. Got another DUI in Newport Beach last night. I was just released from jail on $2500 bail. My court date is in October. A friend of mine says I'll probably lose my license for a year. And will I go to jail?
A: The consequences of your 2nd Newport Beach DUI will depend on the circumstances surrounding your Newport DUI arrest as well as the circumstances regarding your prior DUI arrest.
If you plead to a second Newport Beach DUI offense, most likely you're looking at jail time, fines, one year suspension of your driver's license, and a 18 month alcohol program. However, alternative sentencing can be negotiated, such as electronic monitoring, that could be completed in lieu of jail time.
In addition, on July 1, 2010, a new law regarding restricted licensing was passed that would allow a multiple offender to obtain a restricted license, however, the plea must be negotiated and entered into the court in a very specific manner in order to be eligible for this restricted license.
How much jail time you're facing depends on the exact circumstances of this Newport Beach DUI arrest and your prior DUI arrest. I'm experienced and deal with such Newport Beach DUI cases and will speak to you about your situation without obligation.
Q: DMV Report Contains Newport Beach DUI Action Taken More Than 3 Years Ago - What to do?
Please see http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl15.htm
The relevant part states " DUI Actions
An action taken against your driving privilege because of a Driving Under the Influence (DUI) conviction will be reported for 3 years from the proof termination date, thru date, action termination date, or the reinstatement date, whichever is earlier. "
My Newport Beach DUI was in 2000. My license was suspended for a month. My record reports as follows:
DEPARTMENTAL ACTIONS:
DRV LIC SUSPENDED*EFF:11-16-00*ORDER MAILED:12-06-00*
"
AUTH:133524C*SERVICE:A/12-06-00*
PRIVILEGE REINSTATED 12-19-00*
ACTION ENDED 11-16-03*
CONVICTIONS:
NONE*
So the Newport Beach DUI conviction by itself is gone, correctly, as it has been more than 10 years since violation, but the action stays on the report - even though it says "Action ended".
Is this legal for DMV to keep the record of action for so long even though the law says "three years"?
How can I get them to review the report and bring it to compliance with the law?
Thank you.
A: A Newport Beach DUI will stay on your DMV record for longer than 3 years.
A Newport Beach DUI is only prior-able for 10 years for both court and DMV. The 3 year action usually refers to the time where you had to carry an SR-22, "proof of liability" insurance. DMV requires it for 3 years.
Thus, if your DUI occurred within Newport Beach, it is prior-able until the date where you were convicted in the Newport Beach Court. For example, if you were convicted on December 6, 2000, your Newport Beach DUI will be prior-able till December 6, 2010.
Falls off your record? The Newport Beach DUI will fall off your driving record eventually, but the criminal conviction does not fall of your record!
The California DMV is linked to the Newport Beach Criminal Court system and will show any criminal conviction.
For example, if you were convicted of a non-driving related offense such as domestic violence or petty theft, your H-6 print out from DMV should show your conviction date, what you were both charged and convicted of, and what court it was.
The purpose of this is to give police officers information about the people they pull over. Its not as though a police officer can do a full background check right there on the side of the street. They simply run your drivers license number, see if you have any outstanding warrants as well as if you were previously convicted of any dangerous or violent offense so they can take the necessary precautions.
In California, so long as you have for filled all the requirements for your probation, you can get your record expunged which would set the conviction to a dismissal.
If your DUI occurred in Newport Beach and you would like more helpful Newport Beach DUI information and would like to speak to an experienced Newport Beach DUI attorney free of charge, call 877-717-2889
Q: I just received my first DUI in Newport Beach CA. My BAC was .20. What consequences am I looking at?
Received my first Newport Beach DUI last weekend. My BAC was .20 which is high. I am thinking of getting a Newport Beach DUI attorney, but I would like to know if it is worth it. I would appreciate any advice.
A: An Experienced Newport Beach DUI attorney can handled your DUI and minimize the impact it has on your life.
In Newport Beach California,
.20 + is an enhancement which requires 48 hours jail time, community service, and a 9 month alcohol program. Whether you actual go to jail for those additional 48 hours depends what court you're out of and what judge you're before.
Generally, when I get Newport Beach DUI cases such as these, I try to get credit for time served, try to get you out of the community service, and reduce the amount of alcohol school you're looking at. Generally, it's a "damage control" situation unless you can run a motion to dismiss.
DMV, well, DMV can be won with paperwork technicalities, so you never know if your DMV case can be won just on BAC levels.
You can always hire an experienced Newport Beach DUI attorney to try to get you out of the Newport Beach DUI, appear at court on your behalf, and minimize the impact of this DUI on your life.
If you need more helpful information regarding the consequences of your Newport Beach DUI in Orange County California, Call 877-717-2889 to speak to an experienced Newport Beach DUI attorney free of charge. I am available evenings and weekends.
Q: What should I do if i get a Newport Beach DUI? Should i get an sr22 to avoid jail time. Is this possible?
I was wondering if i can avoid going to jail if i get my sr22 before my Newport Beach Court Date. Does this work?? Help!?
A: No. Merely getting an SR-22 prior to going to your Newport Beach DUI court date will not keep you out of jail.
A SR-22 will do nothing to help you avoid jail time out of Newport Beach, California.
If your DUI occurred in Newport Beach and you would like helpful information about if you are actually looking at jail time for your Newport Beach DUI, call 877-717-2889
Q: Will a DUI (under age 20 BAC .12) have a hard impact on getting into med school?
Please reliable info please, my friend is very worried about this.
A: You need to hire an experienced Newport Beach DUI attorney immediately.
I have had extensive experience with individuals applying for, in the course of, or completing medical school or their specialty. I have also had experience dealing with Medical Licensing boardss of Doctors who get a Newport Beach DUI.
Here's the problem. Yes, you may get into medical school but you likely won't be able to get a job.
Right now, I have a Top Recruiter for several major hospitals in California as a client. I asked him this directly, Do doctors convicted of a Newport Beach DUI get black listed?
He said that individuals with a Newport Beach DUI conviction on their background will not be hired unless they have EXTENSIVE experience and are well known in their field of medicine. Individuals straight out of med school with a Newport Beach DUI conviction are not eligible for hire and their applications are not even considered due to liability reasons.
My advice? Hire the best Newport Beach DUI attorney you can afford. Make sure he does mostly Newport Beach DUI/DMV cases. Make sure he or she is a Trial attorney ready to take this case to Jury Trial.
If he can't get this case reduced to a non-alcohol related offense in pretrial, you'll likely have to take it to the Jury in hopes of avoid a Newport Beach DUI conviction.
If your Newport Beach DUI occurred in California and you have any questions regarding the consequences of your under-aged Newport Beach DUI arrest, call 877-717-2889 to speak to an experienced Newport Beach DUI attorney
Q: Can I wear a nice pair of jeans and a nice top to Newport Beach court for my Newport Beach DUI arrest?
I'm 24 years old and I've gone to the Newport Beach court a few times and I've worn black dress pants and a nice top. But I was wondering if I can wear a nice pair of dark jeans and a nice top. I just don't feel like wearing dress pants. And I'd wear a nice pair of little boots. And my jeans aren't ripped or dirty or anything. Just nice jeans.
And I don't know if it matters, but the court date is Friday and is just to know if I was criminally responsible for my actions last December when I was charged with a Newport Beach DUI, Reckless driving and leaving the scene of an accident, after taking prescribed meds, and NO alcohol was involved. It's to get the psychiatric evaluation results back
A: Technically, you CAN wear anything you want to court.
You can wear whatever you want however it is completely disrespectful to the Newport Beach court.
Court attire is a suit. There are still some judges that will throw you out of the court room if you're not dressed properly. They're few and far between, but I have seen it once or twice. Keep in mind, in Federal court, women aren't even allowed to wear "pant suits". They have to wear skirt suits no more than 1 inch above the knee. Anything else and they're not allowed into court.
(I realize you case isn't in federal court).
On another note, I can't fathom why some individuals, including lawyers, dressed the way they do. They totally lose all respect. If you got a Newport Beach DUI and would like more information about the court protocol, consequences of your Newport Beach DUI arrest, or the possible defenses available, call 877-717-2889 to speak to an experienced DUI attorney for a free consultation.
Q: My friend is being charged as an adult for a Newport Beach DUI and hit and run. Advice on how to be prepared for Newport Beach court?
How should we prepare for court?
A: Speak to a Newport Beach DUI Lawyer immediately.
Hit and Run is a charge that usually requires jail
time if convicted. However, in California, a "civil compromise" can
sometimes be worked out. If the compromise is achieved, the Hit and Run
charges are dismissed and the individual usually no longer is looking
at jail time.
Prepare for court?? Speak to a qualified lawyer who has experience with Newport Beach
DUI and Hit and Run cases from your jurisdiction. He or she will inform
you at what possible consequences he or she is facing due to the Newport Beach DUI
and Hit and Run charges as well as what can be done to prevent them.
Even if you can't afford an attorney, you'll have a better
understanding of what CAN be done in his case and you may qualify for
public defender whom you can ask to provide the same services.
If the arrest occurred in California and you would like to speak to an
experienced Newport Beach DUI attorney about the consequences of your Hit and Run
charge as well as the consequences of your Newport Beach DUI, call 877-717-2889 to
speak to an experienced DUI attorney. I am available after hours and on
weekends.
Disclaimer
Information on this site is strictly for general informational purposes
only and should not be construed as legal advice for any individual
case or legal situation nor does this site create an attorney client
relationship
Q: It's been over a year and I have not enrolled in Newport Beach DUI class yet..(CA)?
I was convicted of a Newport Beach DUI in April 2009 in California and they told me I had to complete a 9 month alcohol program. I figured that I wouldn't need to take the program until I was ready to get my license back. Is this the case? Or is there a time period where I have to enroll/complete the class with in? I have not been sent any notices besides the bill for the fine I pay every month.
I'm planning to call a Newport Beach DUI lawyer first thing Monday morning but wanted some input in the mean time..
Additional Details
Yes I realize I won't get my license back until I finish the class, but will I get in trouble for having not enrolled in it yet?
A: You need to speak to a Newport Beach DUI attorney about a your possible Probation Violation and Warrant.
As far as enrolling, it is actually against the law for the alcohol program to allow you to enroll if you have a probation violation and/or warrant. That said, you may find a program that will allow you to enroll so long as they don't figure out there's a problem, but they'll likely ask to see your Newport Beach court paperwork.
Depending on what court your case is out of, the court is hit or miss on sending out probation violation paperwork Or if you're only suppose to show proof of completion, maybe the date hasn't hit yet.
I'm an experienced Newport Beach attorney, I'm available to speak to you today. 877-717-2889. Or visit my website http://dmv-dui-attorney.com or http://drivers-license-lawyer.com
Most court's probation orders allow 21 days to enroll into your alcohol program. Failure to enroll and show proof to the court generally results in a probation violation and thus a warrant.
Some courts do not require an enrollment time, but instead require a proof of completion deadline, usually 10-11 months out from the date of conviction.
Whether you missed your proof of enrollment or are about to miss your proof of completion date, either way you're too late because obviously you haven't completed your alcohol program.
Depending what court, some judges will take you into custody (that means put you in jail) for failure to enroll in your alcohol program. -- If you doubt me, remember Lindsey Lohan and the fact she missed a class? - - Well, never enrolling is much worse for some courts.
Your situation is a prime example how a simple Newport Beach DUI can snow-ball into an offense that may require jail time due to an individuals failure to understand what is required of them coupled with the courts refusal to inform individuals what exactly they have to do when it comes to their case.
You have 2 options. (1) Go to court and appear on your probation violation and hope you don't get taken to jail. (2) Hire an attorney to go to court on your behalf to recall the warrant and get you reinstated in to your alcohol program.
Chances of going to jail??? It matters what court you're in. There's one court in my area, where I can almost promise you that if you go in and try it alone, you'll be spending the next 2 weeks in jail. The judges simply don't have any tolerance for this time of mistake, while other courts in my area could care less.
It's truly hit or miss.
Lastly, Failure to enroll into your alcohol school by a specific time begins a chain reaction that results in your license being suspended until proof of completion of the alcohol is obtained. That means another possible 9 months of suspension.
More or less, you've got a mess on your hands.
If you have gotten Newport Beach DUI in California and would like to know more helpful information about the consequences of your Newport Beach DUI as well as the consequences of failing to abide by the court's orders, call 877-717-2889 to speak to an experienced Newport Beach DUI attorney. Attorney is on call after hours.
http://drivers-license-lawyer.com
Please call 877-717-2889 to speak to an experienced Newport Beach DUI attorney. I'm available to speak to you today and this evening. For more information visit http://dmv-dui-attorney.com/multiple-dui…
