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How long does a DUI stay on your record in California?

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How long does a DUI stay on your record in California?

Getting a DUI off Your Driving Record

How long does a DUI stay on your record in California? In California, a DUI stays on your driving record with the DMV for 10 years. This record can be seen by law enforcement officers as well as within the DMV. It is used by the DMV to make decisions about your driver’s license such as whether you are eligible to reinstate a suspended license.cheap DUI insurance, DUI insurance rates, Best DUI Insurance Companies

The bad news is that there is no way to remove a DUI from your driving record. The good news is, this record is not included in a background check and cannot be seen by potential employers. It does not count as a criminal record (although a DUI also goes on your criminal record—see below). It is used almost exclusively by the DMV.

Previously, California law kept a DUI on your driving record only 7 years. This was changed in 2007. If you have any past DUI conviction, even from before the law changed, it will now stay on your record the full 10 years. In the future, the period could be even longer.

The 10 years starts from the date of your arrest.

DUI “Points” on Your Driver’s License

California driver’s licenses use a “point” system to track risky behavior. All drivers start with 0 points, but may acquire points for certain infractions—like speeding, or DUI—or for causing an accident.

Points hurt you in two ways. For one thing, they affect your insurance rates. More points mean higher car insurance bills. Additionally, they can cost you your license. Your license will be suspended if:

  • You get 4 or more points in 2 years
  • You get 6 or more points in 3 years
  • You get 8 or more points in 4 years

DUI’s are in the highest point category. Each DUI adds two (2) points to your license. Obviously, the sooner those points go away, the better off you are.

Unfortunately, DUI points also take the longest to get off your license. Points from a DUI stay on for 13 years. There is no way to shorten this period.

But you can reduce your total points in other ways. Points from traffic tickets, for example, can sometimes be removed if you agree to go to traffic school. You can look up DMV approved traffic schools here.

Previous DUI’s and New DUI Charges

Any DUI charge on your record also affects future DUI penalties. California state law assigns different penalties for a first, second, and third+ DUI. Each one is more serious than the one before it. To compute this, any DUI within the last 10 years counts as a previous charge.

For example, let’s say you’re facing a DUI charge right now. You already have one previous DUI conviction. If that previous conviction was 8 years ago, it will count against you, and the new charges are a “second” DUI. If the previous conviction was from 11 years ago, however, they do not count. Your new DUI is treated as a first offense.

There is no way to shorten this period. Again, the 10 years is counted from the date of your arrest.

Expunging a DUI from Your Criminal Record

The last place where a DUI is recorded is on your criminal history. In California a DUI is not just a traffic violation, it is a criminal offense—usually a misdemeanor, but sometimes a felony depending on the circumstances. You have to disclose your criminal history when you apply for jobs or professional licenses, and it can be held against you.

Normally, a DUI stays on your criminal record permanently. However, you may be able to have it expunged. You are eligible to expunge a DUI if:

  • You have already served all penalties, including probation
  • Your sentence did not involve state prison (as opposed to jail time)
  • You are not currently facing any other criminal charges

If these all apply to you, a California DUI attorney can help you expunge your DUI. They will file a request to expunge. The prosecutor’s office may or may not oppose the expungement, in which case your attorney can fight for you. There will be a hearing and, in most cases, the expungement will be approved.

Once a DUI is expunged, it is no longer part of your criminal record. You can apply for jobs with a “clean” criminal history and do not have to disclose your DUI. However, the DUI will still count as a past charge if you are arrested for a new drunk driving charge.

The short answer is that a DUI stays on your driving record for 10 years in California, and stays on your criminal record permanently. However, the full story is a little more complex. There are a number of records that a DUI affects, and you can take action to change some of them.

The Truth Behind Car Dealer Gap Insurance

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The Truth Behind Car Dealer Gap Insurance

When you purchase a vehicle from a car dealership, the sales pitch often includes gap insurance. The reason is that your car loses value the moment you drive it off the lot. In fact, the minute you sign the paperwork, your vehicle goes from being a new car to being a used automobile, and its value immediately decreases.

If you were to have a wreck in that brand-new car, your insurance company probably wouldn’t cover the cost of what you owe on it. They would only cover the cost of replacing your vehicle with one of the same value. This is why you should consider buying gap insurance when you purchase a new car. So what is gap insurance? Also known as guaranteed auto protection insurance, it will cover the difference between your car’s depreciated value and what you actually owe on your auto loan if your car is stolen or totaled.  If your car is demolished or stolen, gap insurance covers the difference between what your auto is worth (based on current market value) and the amount you still owe on your loan.

Avoid Shady Gap Insurance Deals at the Car Dealership

Here is the typical scenario. You choose the car you want to purchase, get the finance agreement pitch, and then move to discussing extras like gap insurance. The usual pitch is cloaked in terms of urgency, but the underlying narrative tells a much different story. You see, car dealerships profit like bandits off gap insurance. They retain commissions as high as 50% of the policy premium. That is money you’re putting right into their pocket just for the privilege of letting them sell a gap policy to you.

The reason most customers fall for the sales pitch is simple. They assume that the dealership is the only place to purchase gap insurance. While this is certainly false, the dealership won’t mention it, because they want to make the extra commission. Don’t fall for this. There are other places to purchase gap insurance for much less money.

You could purchase this coverage from other sources, like lenders or credit unions, and pay less. You could expect to find deals ranging from $250 to $700 annually with these options. They are not tied to dealerships, and as a result, have much better pricing

However, the best place to find a great deal on gap insurance is your auto insurance company. Select Insurance Group can find a price that is significantly less because we shop around for the best price, which can sometimes be as little as $20 per year. This is why it is always best to talk to a licensed agent before making any decisions. They have industry insight and experience and can help you make informed decisions.


How to Benefit from Gap Insurance Coverage

So what do the above scenarios tell you? It’s more than worth it to consider purchasing gap insurance from anywhere but a car dealership. There is really no reason to roll the gap policy into your dealership finance agreement, since you typically only need to get protection for a few years.

Gap insurance is a wise choice in any of these circumstances:

  • You are purchasing or leasing a new or slightly used vehicle.
  • You are buying a vehicle of significant value.
  • You are financing a new or used vehicle without a large down payment, creating a “gap” between your vehicle’s actual value and your loan amount.
  • You do not have significant cash savings that would allow you to cover the difference between the amount you owe on your loan and the actual cash value if your car is stolen or totaled.

As with most types of insurance coverage, everything comes down to your risk. If you are buying a car, gap insurance will most likely be optional, and you get to decide. Do you want to avoid the possibility of a large financial burden if something bad happens to your car, or are you willing to take that risk?

Industry statistics show that new vehicles lose about 30% of their value in the first year after purchase, and 20% the second year. As a result, car owners can end up being upside down on their loan: The value of the automobile is less than the loan amount. This makes gap insurance a wise investment if your vehicle is damaged or stolen within that time frame. That’s a benefit you cannot argue with. Yet, to purchase the best policy and get the most benefit, you should always talk to your Trusted Choice agent to help you decide whether gap insurance is worthwhile, based on your circumstances.

How Does Gap Insurance Work?  

Gap insurance covers the gap between what your vehicle is worth and what you are actually on the hook for in regard your vehicle loan after a collision. Does gap insurance cover theft? Absolutely. However, typically there is a waiting period (30 days or so) after the claim is filed. This leaves time for your vehicle to be recovered. If that occurs, then your standard insurance coverage activates. It is important to reiterate that gap policies are typically only needed for a specific period of time. Once the market rate of your vehicle plateaus and comes in line with current market rates, a gap policy is no longer needed. However, since the decrease in vehicle value is so drastic in the beginning, gap insurance is a worthwhile investment.

It works like this. Let’s say you purchase a vehicle brand new for $35,000. The moment you drive it off the lot, the value drops. Then, it may only be worth $27,000. If you are in an accident, your auto insurance will pay the replacement cost of the vehicle, or $27,000. The policy specifies that they must fulfill the obligation of replacement at current market value. It has nothing to do with the loan value of your vehicle. You are still $7,000 short. Gap insurance would make up the difference.

The cost of gap insurance will vary depending on a number of factors, including the value of your car. Did you just buy a new Jaguar or a Mitsubishi? Are you leasing a new hybrid car? At an average rate of just $40 per year, it is most likely worth the extra insurance expense if your car’s loan amount significantly exceeds its value. Another factor that will affect your gap insurance cost is the auto insurance company you choose. Not all insurance is the same, and prices can vary dramatically from one insurance provider to the next. Working with an independent agent who can compare prices and options from multiple companies will help you find the best coverage and price.

Getting the Best Deal on Gap Insurance

It is important to keep in mind that not all auto insurance coverage is equal. Therefore, it is in your best interest to work with an independent agent  like Select Insurance Group to make sure you purchase a policy that best suits your needs. We will get a much better deal than if you purchase a policy from a dealership. Contact a Select Insurance Group licensed agent today at 855-GET-SELECT (855-438-7353) to make sure you purchase the right gap auto coverage policy.

5 Ways to Find the Right Auto Insurance Coverage on a Budget

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5 Ways to Find the Right Auto Insurance Coverage on a Budget

5 Ways to Find the Right Auto Insurance Coverage on a Budget – Finding cheap Auto Insurance in  your state that gives you cover you need isn’t easy, especially with so many car insurance companies around. They may tell you theirs is the cheapest car insurance around, but is it the best car insurance for you?

At Select Insurance Group, you could get the cover you need for a lot less than you’d expect to pay simply by shopping your coverage with over 15 carriers. And don’t just take our word for it. *You can quickly see what our customers said they saved by switching to Select Insurance Group.

Now, compare auto insurance quotes online with Select Insurance Group (we can give you an insurance quote online in just three minutes) and see just how much you could save.

If you’re serious about getting a cheap auto insurance quote with some great policy options, get a car insurance quote online from us today.

Here are some tips for saving money on your auto insurance:

  1. Shop around. A Trusted Choice® independent insurance agent like Select Insurance Group can help you get quotes from multiple insurance carriers to make sure you are getting the best rates available.
  2. Bundle your policies. Most insurance companies offer discounts if you purchase more than one policy from them. And the more policies you have (homeowners, car, boat, motorcycle, personal umbrella, etc.), the greater your discount.
  3. Maximize discounts. Insurance companies usually offer a wide variety of discounts, such discounts for multiple policies, safe driving, and good students. Your agent will work with you to ensure that you receive any discounts that you qualify for.
  4. Keep a clean driving record. Traffic violations have a negative impact on your insurance rates. Avoiding tickets and accidents keeps your rates down, and many insurance companies offer additional discounts for people with clean driving records.
  5. Choose higher deductibles. The higher the deductible, the lower the premium. If you think you will have enough cash to cover your deductible if you have to file a claim, consider a higher deductible to lower your rates.

How To Obtain A Good Cause Waiver

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How To Obtain A Good Cause Waiver?

How To Obtain A Good Cause Waiver – Section 192.2495, RSMo, requires regulated health care employers, such as long-term care facilities, hospitals, home health agencies, in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, hospices, and adult day care providers to obtain a background screening prior to hiring an employee. For in-home services providers, consumer directed services providers and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 – 210.936, RSMo.). This statute states that an individual with a certain type of finding identified in his or her background screening cannot be hired by these employers. However, in certain circumstances, the individual has the right to apply for a GCW that, if granted, would waive the legal hiring restriction and allow him or her to be employed.

 
A complete Explanation of Background Screening Finding form for EACH arrest/investigation that resulted in the disqualifying offense or incident. Include what happened, how it happened, why it happened, when and where it happened, any person present at the time, and the circumstances from your point of view. Include why you feel your Good Cause Waiver should be approved.
  • Attach one (1) sponsorship letter from a previous or current employer stating how long the person has known you and why they feel you should be recommended for a Good Cause Waiver. If you are unable to obtain a sponsorship letter, submit 3 character references from persons who are knowledgeable of your character and employment history. The reference letters cannot be from someone related to or residing with you.
  • Attach a completed Employment History form noting previous employment since the age of 18.

Include (if applicable):

  • If the disqualifying finding is substantiated child abuse/neglect and/or foster parent denial/revocation/suspension, attach the investigation report from the Department of Social Services (DSS). This report is approximately 10 pages long and is available to you upon telephone or written request from your local DSS office.
  • If you have ever been refused a license, certificate, or registration by any public or governmental licensing board, agency or regulatory authority, explain the incident that led to the disciplinary action.
  • If you have any pending felony or misdemeanor charges, include a statement explaining the circumstances and certified copies of the charging documents for all pending criminal charges.
  • Explain any pending charges or reports of child abuse, neglect or endangerment.
  • Explain any pending actions that might result in the denial, revocation, or involuntary suspension of a foster parent license.
  • Explain any pending actions that might lead to your inclusion on the Department of Mental Health Employee Disqualification Registry.
  • Any documentation that, in your opinion, supports your application for a GCW by demonstrating rehabilitation, positive lifestyle change, etc.

Reasons for CDL Disqualification

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Reasons for CDL Disqualification

Reasons for CDL Disqualification  – Reporting requirements under the CDL program have been in effect since 1988. Commercial drivers must notify the Secretary of State of the following:

  • Any out-of-state traffic violation within 30 days of conviction.
  • Any out-of-state suspension, revocation or cancellation of driving privileges, as well as disqualification or out-of-service actions, within 30 days of the effective date.
  • Change of name or address within 10 days. The driver has 30 days to obtain a corrected CDL.

Commercial drivers also must notify their employer of the following:

  • Any traffic violation within 30 days of the date of conviction.
  • Any suspension, revocation or cancellation of their driving privileges, as well as any disqualification or out-of-service action, within one day of notification of action.
  • Complete employment and driving record for the previous 10 years.

1.13 Alcohol Provisions

Law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (nonCMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol concentration (BAC). A CDL holder may not operate a commercial vehicle with a BAC of .04 or more or a noncommercial vehicle with a BAC of .08 or more.

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  • Any driver operating a CMV or non-CMV who refuses to submit to chemical testing or submits to a test with results in excess of the legal limit is disqualified for a minimum 12 months.
  • Any driver convicted of DUI (regardless of BAC) is disqualified for a minimum 12 months.
  • If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for a minimum three years.
  • A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.
  • A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least 24 hours.
  • Anyone convicted of driving a commercial motor vehicle with any amount of drug, substance or compound resulting from unlawful use or consumption of cannabis listed in the Cannabis Control Act or controlled substance listed in the Controlled Substance Act is disqualified for a minimum 12 months.

1.14 Other Offenses Leading to Disqualification

The following offenses also will lead to disqualification:

  • Knowingly and willfully leaving the scene of an accident while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • Committing a felony while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • A conviction for either offense above while carrying placarded hazardous materials results in disqualification for a minimum three years.
  • A conviction for violation of an out-of-service order results in disqualification for a minimum six months.
  • The use of a CMV or non-CMV in the commission of any felony involving manufacturing, distributing or dispensing a controlled substance, or possession with intent to manufacture, distribute or disperse a controlled substance, results in a lifetime disqualification.
  • Operating a commercial motor vehicle in violation of regulations pertaining to railroad-highway grade crossings: first conviction – 60 day disqualification; second conviction within a three-year period —120-day disqualification; third and subsequent conviction within a three-year period — one year disqualification.

Excessive Speeding

Excessive speeding involving any single offense for any speed of 15 mph or more above the posted speed limit.

  • Failure to reduce speed to avoid an accident.
  • Driving too fast for conditions.
  • Exceeding the speed limit in a school zone.

Reckless Driving

Operating a CMV or non-CMV in a manner that exhibits a willful, wanton or reckless disregard of the safety of persons or property.

  • Passing a vehicle stopped for a pedestrian in a crosswalk.
  • Driving on a sidewalk.
  • Passing a school bus receiving or discharging passengers or displaying a warning not to pass.

No Valid CDL

Operating a CMV without a valid CDL.

  • Operating a CMV with an improper classification or restriction.
  • Violation of an instruction permit.

Following Too Closely

Following the vehicle ahead too closely.

  • Failure of a truck to leave sufficient distance for being overtaken by another vehicle.

Improper Lane Usage

Improper or erratic traffic lane changes.

  • Improper lane changing, lane usage and/or center lane usage.
  • Improper passing.
  • Passing on a hill or curve or when prohibited.
  • Passing on wrong side of the road.
  • Improper passing on shoulder, left or right.
  • Driving wrong way on a one-way street or highway.
  • Driving on the left side of the roadway.
  • Passing in a school zone.

Conviction Involving a Fatal Accident

A violation of any state law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident.

Multiple Licenses

A violation relating to a CMV driver having multiple driverʼs licenses.

Traffic Violations

Two serious traffic violations within a three-year period results in a two-month disqualification. Three serious traffic violations in the same period results in a four-month disqualification.

How To Beat A Breathalyzer Machine

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How To Beat A Breathalyzer Machine

How To Beat A Breathalyzer Machine – The most commonly asked question on my website, and probably the internet when it comes to Driving Under the Influence charges, is, without a doubt, “How do I beat the Breathalyzer machine?

The best answer is simpler than you think — 
Don’t Drink and Drive!

All kidding aside, the second answer is just as simple – don’t take it. Sacrifice your operator’s license in order to have a leg up in court. Your case becomes much easier to present to a jury when there is no per se prosecution available (the registering of a 0.08 BAC or greater.)

However, let’s explore some additional options.


 

First, let’s analyze what methods DO NOT work.

  1. Eating your own underwear – Why? Is the first question that comes to mind. Why would anyone in their right mind try such a ridiculous method? Well, for the man who tried it, this was’t such a bad idea. Presumably, he was hoping that the cotton would absorb the alcohol in his stomach thus lowering his BAC result. You can’t make this up, folks. Unfortunately for him, by the time he got to the station, not only did the cotton in his stomach did not do anything for the alcohol that was already in his blood, he looked ridiculous because of the hole in his pants. The Breathalyzer test gathers deep lung, or alveolar, air. So, after a few hours of drinking, followed by a few minutes of eating cotton will not do you any good. Thanks for playing.
  2. UPDATE: Eating toilet paper – This is a new one, folks! One man tried to eat toilet paper in the hopes of cheating the breathalyzer machine. Unfortunately, as is stated in number (1) above, the machine is designed to test alveolar air, and therefore his attempt to cover the alcohol with toilet paper would not work; it may just mask the smell or at least absorb any mouth alcohol. Nice try, but you fail.
  3. UPDATE #2: Eating your own shirt – Here is another doozy, friends..  One woman tried to eat her own shirt in order to avoid a DUI after she attempted to run away from the police and passively resist arrest. When the breathalyzer technician instructed her not to put anything in her mouth, as he is probably required by state law and after she agreed to take the breathalyzer test, the woman”stuffed a large portion of her shirt into her mouth and began chewing at the fabric.” Although it would not have much of an effect on her breathalyzer result, more than likely it did earn her a ‘refusal’ mark on the breathalyzer due to her once more ‘passive’ resistance, and secured a lack of an Intoxilyzer number for the State. So, can we call that kind of a win?
  4. Eating your own feces – O.K., first off, disgusting. I can’t even. But, a man in March, 2005 tried it. And failed. Not only did he fail, but he will now forever be remembered as the man who ate his own feces. Good luck to you, buddy.
  5. Eating smelly foods to overpower the alcohol scent – While it may not be such a bad idea to throw the cop’s scent off the booze trail, it is completely and utterly useless for a Breathalyzer machine. The inner sample chamber is mechanically calibrated to detect any presence of ethanol (along with some other substances depending on the amount of filters installed, etc., which could artificially inflate your BAC result). The device is so sensitive, in fact, that it has a “mouth alcohol” detector, so if you have alcohol present in your mouth, the machine should return an error. The fact that these detectors never work is besides the point, but they’re there. So, fail.
  6. Drinking Zima instead of “real” drinks – Seriously? Well, apparently so. Some teenagers believed that could do the trick. I guess under the erroneous belief that there are different “kinds” of alcohol since Zima doesn’t make your breath smell as bad. Alcohol is alcohol, no matter what it tastes or smells like. You are the weakest link, goodbye.
  7. Sucking on a penny – The idea behind this popular myth is that the copper in the penny will neutralize the alcohol. Well, similar to (5) above, the alcohol is not coming from your mouth. I am not sure about the reaction that occurs when alcohol meets copper, but I can tell you the penny won’t protect you from the alcohol in your lungs. Furthermore, according to at least one source, pennies are no longer made of copper. It is now 97.5 percent zinc and 2.5 percent copper. So even if copper would have been helpful, its negligible quantity in the penny would require a plethora of them — you can bet the officers will notice your scheme and quickly stop it.
  8. Using Listerine or some other mouthwash – Worst. Idea. Ever. Why? Because nearly all mouth washes contain, what? That’s right — Alcohol! So you are combating the presence of alcohol in your body — with more alcohol! What if your result would have been less than 0.08, initially? Well, you’ve just secured a certain trip to the jailhouse because you will most likely blow way above 0.08 due to all the fresh alcohol in your mouth. Mouth alcohol detectors rarely, if ever, work. Explaining it to the cop won’t do you any good. Nice try.
  9. Chewing gum – Now here is a good trick to throw off the cop (if you can hold your liquor). May be he’ll let you go if he can’t smell alcohol and you look fine to him. However, again, like numbers (5) and (8), above, the gum does not alter the workings of the inner chamber inside the breathalyzer machine. Depending on the gum, it may end up “helping” you as much as a mouth wash, due to their containing alcohol. 
  10. Inhaling instead of blowing – Nope. The machine has pressure detectors in place to detect if air is being blown in. You will succeed in making the officer angry, though. Not sure if that is what you want..
  11. Burpingbelching, or regurgitating – This will bring up alcohol from your stomach content into your mouth, which will in turn elevate your BAC levels. Sorry, try again.
  12. Smoking a cigarette will mask the alcohol – Actually, it will likely elevate your BAC result due to the fact that some breathalyzers may be affected by acetaldehyde (the chemical that is released in cigarette smoke when sugars, sorbitol, and glycerol are burnt.)
  13. Eating peanut butter – This one is at the bottom of the list because it is the closest thing to something that could work (if you could wash your lungs with it). It is true that the high levels of sodium, which can be found in peanut butter, will neutralize ethanol by creating two byproducts – sodium ethoxide (also known as alkoxide) and hydrogen gas. But, again, the problem is that the peanut butter travels from the mouth into your stomach, completely bypassing the lungs — where the alveolar air, which is full of alcohol, is about to come from and be tested by the machine. This would be a great trick to eliminate mouth alcohol. Also, good luck getting your hands on some peanut butter at the police station — or getting it in your mouth with your hands handcuffed behind your back. I don’t think this method is in your cards.

Now, let’s see what may work (some of these options are completely theoretical):

  1. Again, the best way is to not drink and drive – Speaks for itself.
  2. The second best way is to refuse the breathalyzer test – Again, easy. You hand over your license to the nice police officer for failing to comply with the state’s implied consent laws and politely thank him as you are escorted to your “comfortable and clean” jail cell, where you will be spending the next few hours. You make your lawyer’s case a lot easier, the possibility of a jury trial much more of a reality, and your chances of beating your DUI case increase exponentially (with the right lawyer who can attack the officer’s procedures and training the stand.) So, refuse the tests, if you can afford to lose your license. Special Note: Do not attempt this method if you are own a Commercial Driver’s License or a Pilot’s License, as the resulting hardship may be tougher on you and your career than simply fighting the uphill battle of a per se DUI case.
  3. Blowing just the necessary length of time and stopping – If you are truly in a pickle and think you did not have that much to drink, and you are afraid to lose your license, and you believe that enough time has elapsed, although this goes against every rule in the book — blow just enough to where the machine registers the fact that you’ve blown, and not a millisecond longer (good luck with that timing). Well, why is that? The officer is interested in you blowing as long as possible. That will ensure an artificially elevated result, even if you’re under the limit (how else can you explain the plethora of DUIs where the person legitimately drank 1-2 beers and blows a 0.12.) The longer you blow, the more alcohol enters the sample chamber of the machine, and the more molecules of ethanol are captured by the Intoxilyzer 5000EN’s detector via the process of infrared absorption. If you blow just the right amount of time, you can at least keep the number low and more in line with what you should be registering (in theory — as these machines have a lot of other problems). You’ll of course have to learn what sounds the machine makes when a sufficient sample is provided, as the officer will want you to continue to blow. Again, this method, although possible to at least keep you in the right range, is laden with difficulties. I DO NOT recommend it.
  4. Hyperventilating or exercising – This could work, but the problem is that you won’t be able to breathe out all of the alcohol — that would be ridiculous. It’s in your system, in your blood stream, in your lungs, and possibly still in your mouth. The most you could do is lower your breath test result by 10-20%, so if you’re close to the limit, you may be able to blow under it. If you’re stone cold drunk it won’t do more than simply make you dizzy, which could lead to you throwing up — never a good idea… Especially with an officer present — who is suspecting you have been operating under the influence! Good job, you just helped make his case for him. Also, good luck hyperventilating or exercising with the officer around. Surely he won’t notice..
  5. Burping, belching, or regurgitating (yes I realize its on the list of things that don’t work) – Here’s the thing, the breathalyzer operator is supposed to have you under continuous observation for 15 – 20 minutes (depending on the state law). If you make an audible burp, belch, or regurgitate stomach contents periodically, the breathalyzer technician, assuming he conforms to the breathalyzer operator’s manual , must reset the 20 minute observation period — because you brought back alcohol in your stomach into your mouth. Gross, but possibly effective. The problems are that (a) s/he may not care and tell you to take the test anyway (which could be a great defense in court, especially if there is a video recording), but again, you’ve accomplished nothing at beating the test; (b) you run the risk that some of the puke or belch substances will remain in your mouth and elevate the result even after an additional 20 minutes; and (c) if you’re still digesting previous alcohol, your BAC is on the rise — more time elapsed = higher BAC. You’re just digging your grave even further and where your result may have been lower (albeit still above 0.08), you may end up with an aggravator if you blow a 0.15 or above .
  6. Rinsing out your lungs – This is, of course, a joke. It’s the dumbest thing you can possibly think of doing (and, believe it or not, it has been tried). This is a sure way to drown yourself. DO NOT DO THIS.

There really is no “scientific” or foolproof method of going from a result above 0.08 to one below it. The best way to avoid a DUI is to not drink and drive.

However, if you are charged with a DUI, you need experienced and knowledgeable Broker to help you. Please, contact us or call me at 855-GET-SELECT (855-438-7353).

Getting Through A DUI Checkpoint

Getting Through A DUI Checkpoint

Getting Through A DUI Checkpoint – In some states, police set up roadblocks and stop drivers to search for signs of intoxication. If the officers have reasonable suspicion that you are driving under the influence, they will ask you to pull over to investigate further. Generally, your encounter will last less than a minute, during which the officer may ask to see your driver’s license and registration. They will also probably ask if you have been drinking. If you are pulled over for further questioning, you can protect your rights by remaining silent and declining a field sobriety test.

 
Part1

Passing Through the Checkpoint

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    Avoid the checkpoint if possible. You aren’t legally required to go through a checkpoint if you see one up ahead. Instead, you can pull onto a side road or do a U-turn, if legal.

    • Don’t break the law to avoid the checkpoint. For example, you must use proper turn signals, drive at a safe speed, and observe all other traffic laws. If you don’t, then the police have a reason to pull you over. And once you are pulled over, they can give you a chemical test if they suspect you have had too much to drink.
    • The police will scrutinize any vehicles that evade the checkpoint, so make sure to drive properly.
     
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    Slow down as you approach the checkpoint. Once you see the checkpoint up ahead, you should slow your vehicle. You cannot speed through the checkpoint, which will give the police reason to chase you down and pull you over.

    • Many police now disguise checkpoints as construction zones. For example, they will put up orange cones and construction signs. This is done to prevent you from avoiding the checkpoint.
    • In some states, police must advertise where they will set up checkpoints. For example, they may publish a notice in the newspaper. You can also download apps, such as PhantomAlert, that will alert you of DUI checkpoints.
     
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     Guess how much you’ve been drinking. If you haven’t been drinking alcohol, you have nothing to fear from a DUI checkpoint. However, you might have been drinking. If so, be aware the police can ask you to pull over, where they will administer a field sobriety test or a breath test. The legal blood alcohol concentration (BAC) in all 50 states is 0.080.
    • Generally, a 160-pound person will have a BAC of 0.080 after four drinks. A drink is 1.5 ounces of hard liquor, 5 ounces of wine, or 12 ounces of beer.
    • By contrast, a 120-pound person will have a BAC of 0.081 after consuming three drinks.
    • Other factors influence your BAC, such as whether you had the drinks with a meal and when you drank them.
     
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    Roll down your window. You should cooperate during the DUI checkpoint. This means coming to a complete stop and rolling down your window. If you don’t, then the officer’s suspicion might increase that you are hiding criminal activity.

    • The officer will want to bend down close to your window so that they can take a peek inside and also smell your breath. If you are transporting anything you don’t want the cops to see, it should be stowed under your seats.
    • You can try to mask alcohol on your breath with a breath mint. However, alcohol is in your lungs after you drink, and the “alcohol breath” you smell comes up from your lungs when you breathe. A mint might mask some of the smell but only briefly.
     
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    Hand over your license. You must show that you are legally allowed to drive in your state, so you will need to hand over your driver’s license and registration. You should have them handy so that you aren’t fumbling to find them.

    • A cop might interpret fumbling as lack of coordination due to alcohol consumption. Make sure you have your registration and license nearby so you can easily hand them over.
    • You may also have to turn over proof of insurance, so have it nearby as well.
     
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    Choose whether to admit to drinking. The purpose of the checkpoint is to find drunk drivers, so you can expect the officer to ask you if you have been drinking. You have a constitutional right not to answer.However, if you haven’t been drinking, then you should admit that: “No, officer, I haven’t been drinking.”

    • If you have been drinking, you probably are best of saying simply, “I don’t want to answer that.” Remember not to argue or be rude.
    • When answering, look away from the officer. If you talk, the officer will try to get a good sniff of your breath. If they detect alcohol, then they will ask you to pull over for further questioning.
    • Avoid saying, “I only had one drink” or “I stopped drinking several hours ago.” Any admission of drinking could be used against you.
     
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    Do not consent to a search. Although checkpoints are legal in many states, the police are limited in what they can do. Nevertheless, some officers might push their luck. For example, they might ask if they can search your car or trunk. Politely decline: “I’m sorry. No.”

    • The officer also might stick their head into your car or point a flashlight into it and wave it around. They are not supposed to enter your vehicle at the checkpoint. Politely ask them not to invade your space or wave a flashlight around.
     
  8. Drive away when given permission. If nothing goes wrong, you should be sent on your way in less than a minute. The average checkpoint stop lasts about as long as a red light at an intersection.

    • Remember not to drive off until the police officer tells you it is okay. When in doubt, ask, “Can I leave now?”
    • Observe all traffic rules as you pull away. Don’t speed or make sudden movements. Use your blinker.
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Part2

Undergoing Further Questioning

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    Pull over, if requested. When you go through the checkpoint, the police can ask you to pull over if they have a reasonable suspicion of criminal activity (such as drunk driving). As a rule, they cannot ask you to pull over unless they have this suspicion.

    • From the moment the police ask you to pull over, you must understand the police are in control of the situation. You should generally comply with their requests—unless you have a valid reason not to.
    • Try to remain calm throughout the encounter. The more nervous you are, the more suspicious you will look. Take a couple of deep breaths as you pull your car over.
     
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    Choose whether to take the field sobriety tests. These tests usually involve walking on a white line or balancing on one foot. In many states, you are not required to take these tests.  However, the officer might arrest you if you decline. The problem with these tests is that many sober people fail them.

    • If you have been drinking, you really don’t want to give the officer more evidence to use against you.Accordingly, you should politely decline. Say, “I’m sorry, my lawyer has advised me against taking these tests.”
     
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    Consider taking a chemical test. You aren’t required to take a breathalyzer or other chemical test, either. However, there may be negative consequences for declining. You should think carefully about your choice.

    • For example, you could lose your license for a certain amount of time. Driving is a privilege, not a right. And your state can make a driver’s license conditional on your consent to chemical tests. These are called “implied consent laws.” In California, for example, you can lose your license for up to a year if you decline.
    • You might want to decline if you already have a DUI on your record. There’s no reason to give the police more evidence to use against you.
    • Even if you decline, the police can get a warrant for a blood test, which they can administer against your will. So refusing a chemical test might only buy you some time.
     
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    Remain silent. You aren’t required to answer any questions other than to identify yourself by handing over your license. Refuse to do any kind of verbal test, such as counting backwards or reciting the alphabet backwards. You might think you can talk your way out of a ticket, but you’d be wrong.

    • Also don’t provide details about how much you have been drinking. Instead, say, “I don’t recall” or “I haven’t been drinking.”
    • You can also clarify you won’t be answering any questions. You can say, “I’m sorry, officer, but my lawyer has advised me to remain silent when pulled over.” Then stay silent. Simply smile if the officer asks another question.
     
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    Ask if you can leave. The officer cannot hold you indefinitely. If your BAC comes in under the legal limit, the officer should let you go.Furthermore, the officer can only arrest you if they have probable cause that you broke the law.

    • Asking to leave is not the same as taking it upon yourself to leave. Don’t throw the car into drive and pull away. Don’t even walk away from the officer. Instead, stand there and ask if you are free to go.
    • If the cop ignores your question, continue to ask it: “Can I leave now?” Always remain polite but persistent.
     
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    Request a lawyer if arrested. The police might arrest you if they have probable cause to believe you were driving while intoxicated. If so, you should continue to refuse to answer their questions. Furthermore, you should explicitly say, “I want a lawyer, and I won’t answer any questions until I have a lawyer present.”

    • Police must stop all questioning once you request a lawyer.   However, you can’t voluntarily start talking about the incident. If you do, the police can start up the questioning again.
     
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    Call a lawyer. Once taken to the police station, you’ll be booked. This usually involves turning over personal belongings and having fingerprints and your picture taken. At some point, you should be given a chance to call a lawyer using a phone at the jail.

    • If you don’t know the name of a lawyer, then call someone who you know is home. Ask them to get an attorney and tell them where you are located.
    • Some stations might have a list of lawyers you can look through.
    • If you aren’t given a chance to call a lawyer, then you might be able to ask for one when taken before the judge for your initial appearance or arraignment.
    • When you talk to your lawyer or family on the phone, admit nothing. The jailhouse phones are usually bugged.

How To Get Cheaper Bike Insurance For Young Drivers

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How To Avoid California 30 Day vehicle Impound

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How To Avoid California 30 Day vehicle Impound

How To Avoid California 30 Day vehicle Impound – Towed and Stored Vehicle Release Procedures…

The California Police Department is authorized to tow and store any vehicle or trailer that is required to be registered.
Vehicles may be towed for, but not limited to, the following reasons:

  • Stolen
  • Embezzled
  • Unregistered
  • Abandoned
  • Violation of city zoning codes/ordinances
  • Unlicensed driver
  • Driver with suspended or revoked license
  • Vehicle used in the commission of a crime: drunk driving, hit and run, reckless driving, other crimes such as robbery

Officers may use discretion about when to tow under specific circumstances.  Certain violations require the officer to tow the vehicle.  In every case where a stolen vehicle has been recovered, and it is drive-able, our officers will make every effort to contact the registered owner so they may come to the location and pick up the car, thus avoiding towing/storage fees. If the registered owner (R/O) cannot be contacted or is unable to pick up the vehicle, the vehicle will be towed. * Please be advised, officers are unable to stay at the scene for extended periods waiting for the R/O.

Vehicles will be towed and impounded for up to thirty (30) days for, but not limited to, the following reasons:

  • Unlicensed driver
  • Driver has suspended or revoked license
  • Driver is restricted from operating a vehicle without an adult (over 25) present (has learners permit only)
  • Exhibition of speed (racing)/”Speed Contest” or Reckless Driving CVC 23109.2

California Vehicle Code (CVC) Section 22852 requires that all owners of record be notified that the vehicle has been towed and stored.  It is important that vehicle owners ensure that their current address is reflected on vehicle registrations and driver’s licenses.  Department of Motor Vehicles (DMV) requires that changes of address must be reported to them within 10 days.  Vehicles sellers are also required to notify DMV within 10 days of the date of sale. Click here to go to the DMV’s website for more information and forms: CA Department of Motor Vehicles. The California Police Department will not be held responsible for instances where vehicle owners fail to notify DMV regarding changes of address or vehicle ownership.

How to get your towed or stored vehicle released

***THE POLICY BELOW DOES NOT APPLY TO 30 DAY IMPOUNDED VEHICLES***

You may arrange for the release of your NON-IMPOUNDED vehicle by personally bringing the following items:

Be aware, vehicles will only be released to the registered owner of the vehicle.  If the R/O cannot personally come to the Police Station, a NOTARIZED letter giving permission to the specific person picking up the car is required.  If you have questions regarding this policy, please contact your local towing officer

  • Current vehicle registration
  • Proof of insurance
  • Valid driver’s license (School ID, Green Cards, Passports, Costco cards will NOT be accepted as identification or you have the right to drive a motor vehicle).  If you do not have a valid driver’s license, you must bring 2 licensed drivers with you (one to drive your car and one to drive the car that brought you) to drive the vehicle from the tow yard.  No exceptions will be allowed!
  • $114.00 in cash, money order, Visa or MasterCard.  Personal checks will not be accepted.

After presenting the required documentation and paying the administrative fees, you will be provided with a release that must be presented to the towing company.  You will then be required to pay additional fees related to the towing and storage of your vehicle.
Helpful Suggestions

  • Time is money.  In addition to the administrative fee, the cost of the tow is usually $185 for a routine tow.  It could cost more for special circumstances or for larger vehicles, and is based on a one-way tow.  The storage fees may vary by company and average about $45 per day including weekends when our office is not open to issue releases.
  • “After hours” pick up of your vehicle from the tow yard could cause additional fees to be added by the tow company.
  • Ensure you get your vehicle released promptly.  Storage in excess of 45 days could result in your vehicle being sold through a lien sale.  (Amount of time varies by tow company and the circumstances surrounding the storage.)

How may I contest or challenge the decision to tow my vehicle?
Per California Vehicle Code Section 22852, you have the right to contest the circumstances under which your vehicle was towed.  To do so, you must request a hearing after the vehicle has been released.  Contact your local Hearing Officer Monday through Friday, 8:30 a.m. to 4:00 p.m. A hearing will be scheduled, documentation will be gathered and if necessary, the officers and any witnesses involved will be interviewed.  Officers will not be required to attend the hearing unless the Hearing Officer seeks authorization from the Chief of Police.  A decision from the Hearing Officer will be mailed to the registered owner within ten (10) days.  If it is found that your vehicle was towed/stored improperly, you will be reimbursed the administrative fee and the towing and storage fees only.

I’m stuck in a loop. My vehicle won’t pass smog, is not currently registered and I can’t get it smogged because it’s stored and I need a smog certificate to get it registered. What do I do?
The registered owner of the vehicle may go to DMV and get either a Move Slip or a one month extension (Temporary Operating Permit) giving you the time to have the vehicle smogged.  These documents will allow the vehicle to be released.

What do I do if my vehicle can’t be registered because I have outstanding parking tickets on my car?
The R/O must go to DMV, take care of all the outstanding parking tickets and register the vehicle.

What if I have a complaint against the company that towed/stored my vehicle?
Contact the Towing Enforcement Officer.

DUI Treatment Programs in California

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DUI Treatment Programs in California

DUI Treatment Programs in California – We are sorry to hear you have received a Driving Under the Influence (DUI) and are here to help you avoid future incidents, and comply with the Court and Department of Motor Vehicles (DMV) requirements. Please review this information, enrollment in a licensed DUI program is the first step in this process.

 

DUI Programs

CADTP Organizational Members are DUI Programs licensed by the California Department of Alcohol and Drug Programs.

Your California driving privileges are suspended when charged with a DUI. According to DMV (www.dmv.ca.gov) the suspension or revocation is an immediate administrative action taken against your driving privilege. This is called Administrative Per Se (APS) and is independent of any court-imposed jail sentence, fine, or other criminal penalty you may receive when convicted for a DUI. Upon conviction for a DUI offense in California, the court may order you to complete an Alcohol and Drug Education and Counseling program provided by State-licensed service provider. Completion of this same program Is also required to be eligible to get your unrestricted license back. You may qualify to drive after a minimum 30 day suspension with a restricted license (depending on the charges and county). Enrollment in a licensed DUI

IMPORTANT NOTICE: the state of California does not recognize any online DUI course and DMV will not grant or reinstate a driver’s license without official notice from a California licensed DUI program.

For more information visit: www.DHCS.CA.GOV and www.DMV.CA.GOV

DUI Program Levels

The length of the DUI Program you will be required to complete is will depend upon your blood alcohol content (BAC) at the time of arrests, as well as any record of prior DUI’s within the past 10-year period.

1st Offender Programs:

  • Wet & Reckless – BAC Below .08%
  • 3-Month Program – BAC Below .15%
  • 6-Month Program – BAC between 0.15%-0.19% BAC
  • 9-Month Program- BAC of .20% or Higher

Multiple Offender Programs:

  • 18-Month Program – More than 1 conviction in 10 yrs
  • 30-Month Program – 3rd Violation within 10 years (limited availability)

Enrollment

The program will advise you of specifics for that agency, at minimum, you will need to bring the following:

  • Down payment.
  • Current Court Referral, DMV H-6 Print Out or Admin Per Se.
  • Picture ID Card.
  • No measurable level of Drugs or Alcohol prior to your appointment.
  • Program specific instructions
 
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