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License suspension for refusing DUI chemical tests

There are a number of reasons why a driver’s license may be suspended, including repeat traffic violations and DUI offenses. When it comes to a DUI, a license suspension can come from both the DMV and as the result of a criminal conviction. The length of suspension may vary based on a number of factors. For California residents who refuse to submit to chemical tests, the suspension can be longer than a typical license suspension.

Age does matter when it comes to DUI charges. However, for license suspensions resulting from refusing a chemical test, the length of suspension is the same regardless of age. Suspensions lengths for refusing a chemical test are:

  • 1-year suspension for a first offense
  • 2-year revocation for a second offense if it occurs within 10 years of the first offense
  • 3-year revocation for any subsequent offenses within a 10 year period

Chemical tests are required in California, but there are a number of reasons why a person may not be able to take them. For instance, certain medical conditions and medications can alter test results. Some of the medical conditions that can contaminate a chemical test include hemophilia, heart conditions and GERD.

Those arrested for DUI will face an automatic license suspension through the DMV. The circumstances surrounding the incident, such as a chemical test refusal, will determine how long a suspension will last . If a criminal conviction is secured, the license suspension can be extended beyond the DMV standards. California residents who have been arrested for DUI can appeal to have their license reinstated through the DMV, as well as fight any criminal charges in court. A number of defense strategies may be utilized to assist in this challenge and help those accused get through their legal proceedings and back to their daily lives.

Survey shows designated driver awareness is spreading

You may be under the impression that young adults who are of drinking age are really irresponsible when it comes to designated drivers. You may think that they just disregard the concept of a designated driver, instead choosing to drive themselves when they go out to a bar, or with a group of friends — all of whom enjoy a drink or two.

However, a new survey reveals that this is not true, or at least that this age group is becoming more aware of the importance of designated drivers. According to the survey, which was performed by Mothers Against Drunk Driving (MADD), about half of people aged at least 21 who responded to the survey said they acted as a designated driver during the past year. At the same time, 39 percent said they used a designated driver in the past year.

This is certainly great news, as it shows that people of drinking age are becoming more aware of the risks involved with drunk driving, and it also shows a willingness of people to give up their ability to enjoy a beverage or two to ensure that everyone remains safe. Designated drivers, it would seem, are finally having their moment in the sun.

To piggy back on what this survey is reporting, we want to urge people all across California to always get a designated driver lined up if you are considering going out to enjoy some alcoholic beverages. It will keep you safe, as well as keep other people safe who share the road with you.

Why are texting drivers tolerated but drunk drivers are derided?

It would be safe to say that drunk drivers are looked upon with derision, and that the act of driving while intoxicated brings out quite a bit of outrage from most people. This is understandable in some ways, given that the act of driving under the influence inherently reduces the individual’s chances of reacting to events on the road, let alone the individual’s ability to generally drive safely.

Now, let’s think about texting while driving. It’s an equally dangerous act on the road to drinking and driving. In fact, there is some evidence that shows it is more dangerous than drinking and driving. However, texting while driving, though not ignored, does not elicit the same outrage and anger that drinking and driving does.

What’s worse is that most people are aware that texting while driving is very dangerous — and yet they still do it. A recent survey found that though 98 percent of people are aware of the dangers presented by texting while behind the wheel of a car, three-quarters of them still texted at some point while driving. Something isn’t being lost in translation, so much as it is that people are ignoring the dangers of which they are aware.

We write this for two reasons. First, it is obvious that something with more reach and scope needs to be done to address the issue of texting while driving. The other reason is that even though drunk drivers receive a lot of scorn, texting drivers are just as deserving of this scorn. It may sound harsh, but scorn may actually be useful in curbing texting drivers.

Mayor of Murrieta, CA steps down after DUI

To the southwest of Palm Desert, California is the city of Murrieta. Boasting roughly 100,000 people, this is an area that demands attention from its local government. However, the mayor of Murrieta, Alan Long, recently stepped down from his position because of a drunk driving charge.

Long was driving his car a few weeks ago when he was involved in a crash that left four people injured. He remained at the scene and cooperated with police, but they arrested him on drunken driving charges. His case will be heard on Dec. 11 — but in the meantime, Long will no longer be involved in city politics. He stepped down from his position as mayor and as a city council member.

The resignation may not be all that surprising, given the distraction that a DUI charge would have brought the city and Long. However, this story does highlight the indirect consequences of a drunk driving incident.

Long has lost his job, and his reputation is forever tainted as a result. We’re not condoning drunk driving by any means — but drunk driving is a mistake. It is an act that offenders later regret. Most people reform their ways after a DUI charge. And yet the charge has a way of following them around wherever they go, ruining their chances at getting a new job (or even keeping their current one) or finding a place to live.

No matter who you are and no matter what the circumstances are surrounding your DUI case, you should consult a criminal defense attorney to ensure your rights are protected and to maximize your chances of reducing the damage brought on by such a charge.

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73-061 El Paseo, Suite 220