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    How a DUI Conviction in One State Can Affect DUI Penalties in Another State

    Last updated 1 year ago

    Every year, many Californians travel around the country for vacation or business, and it is inevitable that some of them will be arrested for DUI in other states. If you were convicted of driving under the influence in another state and are now facing a conviction in California, read on to find out how this previous offense may affect your sentencing.

    Interstate Driver’s License Compact

    If your first offense was in a state that is a member of the Interstate Driver’s License Compact, this will be considered when sentencing your offense in California. This agreement provides that every driver in the country has only one license and one driving record. States work together to compile a master record for each driver that tracks all offenses. All states are members except Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. DUI/DWI convictions in these states may or may not be considered regarding sentencing in California.

    Consideration of Offense under California Laws

    If you have been convicted of a DUI outside the state, California will evaluate your actions as though they had happened in-state and were subject to California’s laws. Behavior that convicted you in one state may not be illegal in California. In some states, for example, being intoxicated while having control of a car, regardless of whether or not it is moving, is a DUI; California, on the other hand, requires that the car be in motion. Though this would appear on your driving record, it would not be considered a DUI for the purposes of sentencing your California DUI. Offenses must be similar in substance to those punishable under California law.

    The Look-Back Period

    A final consideration is the “look-back period.” In California, a DUI offense that occurred more than 10 years ago does not affect sentencing of new DUIs. The same applies for out-of-state offenses.

    Out-of-state DUIs can have complicated relationships to present DUIs, depending on your situation. For an evaluation of your individual case, call (888) 738-0143 to schedule a consultation with DUI attorney Todd Landgren in the Newport Beach area.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Biggest Mistakes Made by Individuals Suspected of Driving Under the Influence

    Last updated 1 year ago

    Being pulled over on suspicion of drunk driving is a nerve-racking experience, and it can be easy for the driver to make mistakes. Read on to find out three of the biggest mistakes drivers make so that you can avoid them yourself.

    1.     Answering the officer’s questions

    You are not obligated to answer any questions a police officer asks you. You should provide your license, registration, and proof of insurance, and then simply say that you decline to answer questions. In many cases, police officers ask questions simply to see if you have alcohol on your breath or if you are slurring your words. Simply exercise your right against self-incrimination.

     

    2.     Taking field sobriety tests

    Field sobriety tests are not accurate and there is no way to “pass” them. They will only provide more evidence for the police officer to use as justification to arrest you. These unscientific tests are largely subjective and can be complicated by any number of factors. Do yourself a favor and decline to take them.

     

    3.     Taking a Breathalyzer test

    Like field sobriety tests, roadside Breathalyzer tests are not required; you are under no obligation to submit to one. Breathalyzers are notoriously inaccurate and regularly overestimate blood alcohol content. They usually do nothing but provide justification for the officer to arrest you and charge you with drunk driving.

     

    4.     Not calling a DUI attorney as soon as possible

    No matter how certain you are of your innocence, call an experienced drunk driving defense attorney as soon as possible if you are arrested. You need an advocate in court to argue for suppression of faulty evidence and get you a lenient sentence. Do not try to represent yourself in court.

    For an experienced DUI defense lawyer, call (888) 738-0143 to reach Todd Landgren. We can help you attempt to gain an acquittal from all charges and move on with your life. If you live in Orange County, you won’t find a more committed, skilled drunk driving defense attorney.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Can I Refuse To Take A Field Sobriety Test?

    Last updated 1 year ago

    In any interaction with law enforcement, it is important to know your rights. This is especially true if you are pulled over on suspicion of drunk driving. To learn more, check out this video that discusses field sobriety tests.

    Police officers will ask you to take a field sobriety test in manner that makes it seem as though you are required to do so, but this simply isn’t true. You have the right to refuse these tests without any fear of legal penalty.

    After a DUI arrest, you need an experienced attorney on your side to defend you in court. Call Orange County DUI defense attorney Todd Landgren today to discuss your case and your legal options. To reach our office, call (888) 738-0143.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Your Legal Rights When Arrested

    Last updated 1 year ago

    After an arrest, many people feel overwhelmed or are unsure of what to do. This video will prepare you for what to expect if you are ever arrested, especially concerning your legal rights and hiring an attorney.

    If you are arrested, always remember that you have the right against self-incrimination and the right to a DUI attorney, and you should exercise these rights. Choosing to represent yourself is not worth the cost of harsh sentencing and possible jail time. At a court hearing, a judge will inform you of what you’re charged with and the penalties it carries.

    If you are charged with a drunk driving offense, you need an attorney to defend your rights and challenge any faulty evidence the prosecution produces. To speak with a DUI attorney in the Huntington Beach or Newport Beach area, call Todd Landgren at (888) 738-0143 today.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. 

     

    How Accurate Are Breathalyzer Tests?

    Last updated 1 year ago

    Though Breathalyzer tests are often used to measure alcohol intoxication for the purposes of arresting a driver for DUI, they can be markedly inaccurate. If you believe you’ve been falsely accused of drunk driving, contact a DUI defense attorney to discuss your case. To learn more about how Breathalyzers work and why their accuracy is questionable, read on.

    How a Breathalyzer works:

    A Breathalyzer does not actually measure blood alcohol level; instead, it measures the amount of alcohol in the breath and extrapolates blood alcohol content from that reading. When alcohol is consumed, not all of it is digested immediately; some makes its way into the lungs and is expelled when the drinker breathes.

    Problems with Breathalyzer tests:

    This principle of testing seems sound, but it can be complicated by a number of factors, bringing the accuracy of Breathalyzers into question. Such factors include:

    • Conversion to BAC

    When converting a Breathalyzer reading to blood alcohol level, law enforcement presumes an equivalency of 2,100:1—in other words, multiplying the amount of alcohol in the breath by 2100 equals the amount of alcohol in the blood. This standard ratio is not applicable to everyone. Two people could have the same Breathalyzer reading and vastly different actual BACs because of physiological factors.

    • Machine malfunction

    Breathalyzers are sensitive, delicate machines that require calibration and maintenance. They also do not function correctly outside of certain temperature ranges. In these situations, Breathalyzer accuracy cannot be assumed and may result in an inaccurate reading. There is simply no way to be certain.

    • Outside influences

    Breathalyzer readings are easily influenced by outside factors. For example, some diabetics or people on strict diets will receive very high readings from Breathalyzers because of chemical processes in their bodies. Similarly, anyone who has been around paint or paint thinner recently may have an elevated Breathalyzer reading, even if they haven’t had anything to drink.

    If you are asked to take a Breathalyzer test, be aware of its weaknesses and inaccuracies. As soon as possible, call (888) 738-0143 to reach DUI defense attorney Todd Landgren. Located in the Huntington Beach area, Attorney Landgren has 35 years of experience defending clients accused of DUI.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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