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The Law Office of Derek R. Ewin.

Category: General Blog


What Are The Penalties For A First, Second, And Third DUI In California?

DUI 101: Contra Costa County Criminal Defense Attorney Explains The Basics A DUI arrest can carry serious consequences, and in California, these penalties only increase with each offense. Each step you take now can have a major impact on the rest of your case, so understanding what’s at stake is key to protecting your future. In this article, we’ll walk through what you can expect from a DUI conviction in California whether you are a first, second, or third-time offender—and how DUI defense attorney Derek Ewin can help you find a better outcome. Penalties For A First DUI Offense In… Read More

What To Do After You’re Arrested For DUI In California

DUI 101: Contra Costa County Criminal Defense Attorney Explains The Basics It’s true, the moments during and after a DUI arrest in Contra Costa County can be intensely overwhelming, but taking the right actions now can make a crucial difference in the outcome of your case. Here’s what you need to know about what to do immediately after a DUI arrest—and how Contra Costa DUI defense attorney Derek Ewin can help you protect your rights and future. Step #1: Schedule Your DMV Hearing: You Only Have 10 Days In California, a DUI arrest triggers two separate cases: a criminal court… Read More

Facing Weapon Charges In California

In this article, you will discover: Some of the most common types of weapon offenses. The difference between misdemeanor and felony charges in weapon offenses. Possible defense strategies if you have been charged with a weapon offense. What Are The Most Common Types Of Weapon Offenses Charged In California? While there are many types of weapon offenses in California, some of the most common are: Possession of a concealed firearm or a loaded firearm Illegal types of firearms, such as assault weapons, a short-barreled rifle, or a shotgun High-capacity magazines Dirk or a Dagger Possession of any of those mentioned… Read More

Understanding Drug-Related Charges In California

In this article, you will discover: The different types of penalties for drug-related charges. Some possible defense strategies for drug-related charges. Why hiring a California defense attorney is your best option. Is The Sale Or Distribution Of Drugs In California Charged As A Misdemeanor Or A Felony? In the state of California, there are different classifications for different drugs. Marijuana sales are treated as a misdemeanor now in California. Most other drug sales are treated as a felony. In the Bay Area specifically, distribution is referred to as a possession for sale or sale of a controlled substance. It can… Read More

What Are The Penalties Associated With A DUI Conviction In California?

Any DUI conviction in California is going to involve probation, jail time, a fine, some sort of suspension of a driver’s license and some sort of DUI School. It’s possible to do a case without probation, but in my experience, doing so will result in a really high sentence to encourage probation. On a first-time DUI, there will be between three and five years (usually three) of informal court probation, and a minimum of two days and a maximum of six months in jail. We can usually arrange for some sort of jail alternative, like a sheriff’s work alternative program… Read More

What Factors Might Enhance Or Aggravate A DUI Charge?

The factors that might enhance or aggravate a DUI charge include high blood alcohol levels, having children present in the car, getting into an accident, injuring somebody, refusing to take a chemical test, multiple or repeat offenses and reckless driving at high speeds. These factors can result in more severe sentences and may result in additional requirements if you are not in jail while the case is pending. Are There Any Alternative Programs Available To DUI Offenders In California? I do not know of any diversion programs for DUI in the Bay Area of California. After the completion of several… Read More

What Is An Ignition Interlock Device? When Is It Used In California?

An ignition interlock device (IID) is a device that is installed in a vehicle to prevent it from starting unless the driver blows into the device and registers a value of zero for alcohol. It also requires a driver to periodically blow into it while driving. If the driver fails to do so, the vehicle will turn off. The purpose is to prevent people driving with alcohol in their system. If a person has had multiple drunk driving arrests and wants to get their license back prior to the end of the suspension period, then they will be required to… Read More

Are There Any Hardship Or Occupational Licenses Available In California?

See the information below under “Ignition Interlock License.” If a person under the age of 21 is arrested for DUI, then their license will be suspended for one year and they will not have the option to obtain a restricted license. However, there is something called a critical needs license in California, which allows a person under 21 to petition to the DMV to have their license returned. These petitions are reviewed on a case-by-case basis. What Happens If I Refuse A Breath Or A Blood Test In California? If you refuse to take a breath or blood test in… Read More

What Happens During A Typical DUI Arrest In California?

The average DUI arrest begins when an officer finds a reason to pull someone over and then suspects that the driver is intoxicated. The officer will ask the person whether or not they have been drinking and will most likely continue to ask questions regardless of how the person answers. The idea is to try to determine when the driver was drinking, how much they drank, whether or not they were feeling the effects of the alcohol, when they were driving, where they were coming from and where they were going. The answers to all of these questions will help… Read More

What Are Some Common Mistakes People Make After A DUI Arrest?

One common mistake is failing to sign up for a DMV hearing. In California, you only have 10 days after your arrest to sign up for a DMV hearing. At that hearing, you have the ability to contest whether or not your license should be suspended by the DMV. Many people think that if they are guilty, then there is no point in signing up for a DMV hearing. However, even if we lose that hearing, we may gain useful information. Some people don’t realize that there are things we can do from the beginning that will help their case… Read More

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