Monthly Archives: June 2013

shesmad

Alcohol Facilitates Aggression Among Those Who Express Anger Outwardly

Originally published in an issue of Alcoholism: Clinical & Experimental Research


Alcohol and aggressive behavior are clearly linked. A study of the effects of anger on alcohol-related aggression has found that intoxicated individuals will display more facial expressions of anger than will sober individuals. Individuals who express anger outwardly are at particularly high risk of alcohol-related aggression when strongly provoked.

The relationship between alcohol and aggressive behavior is well known. The modulating effects of personality and anger on alcohol-related aggression, however, are less clear. A study of drinkers’ facial expressions of anger, published in an issue of Alcoholism: Clinical & Experimental Research, finds that drinking alcohol may place those individuals with a tendency toward anger at greater risk of becoming aggressive.

“When most people think of anger, they probably think of the emotional state,” said Amos Zeichner, professor and director of the Psychology Clinic at the University of Georgia, and corresponding author for the study. “This is when we get mad in response to some form of provocation. The personality trait of anger refers to a person’s general tendency to experience chronic anger over time. Such an individual tends to search in his or her environment for stimuli that may activate feelings of anger, which may explain why he or she is more often angry compared with a person who does not have this personality trait.”

The association between alcohol and aggression is huge, according to Robert O. Pihl, professor of psychology and psychiatry at McGill University. “Alcohol is involved in half of all murders, rapes and assaults,” he said. “But the dynamics of this association are complicated, which is why any research that focuses on elucidating this relationship is important for society in general.”

Researchers recruited 136 male social drinkers between the ages of 18 and 30 years from undergraduate psychology courses and via local media advertisements. During a 20-minute session (followed by a 10-minute waiting period): the alcohol group (63) consumed two beverages consisting of ethanol and orange juice, bringing them to a blood alcohol concentration of 0.08%; the control group (73) consumed two beverages consisting of just orange juice. Participants were told they were then going to compete against another individual on a “reaction time” task, during which they might receive electric shocks from their opponent. While engaged in this fictitious task, which included both high and low shock levels or “provocation,” the participants’ experience of anger was unobtrusively assessed using the Facial Action Coding System, which classifies all observable facial activity into 44 unique “action units.” Intoxicated participants displayed more facial expressions of anger than sober participants.

“Practically, facial expression is probably one of the best ways of knowing if someone is angry,” said Pihl. “Even infants can detect that emotionality. And frankly, how else are you going to measure anger? Asking somebody doesn’t work because people are not very good at discerning their emotions, and sometimes they just lie. That’s why Paul Ekman’s Facial Action Coding System has been proven so valuable in discerning lying, anger, and other kinds of things.”

Intoxicated participants also demonstrated a positive relationship between facial expressions of anger and the tendency to express anger outwardly after high (but not low) provocation.

“Alcohol intoxication brings out people’s natural tendencies in the expression of anger,” said Dominic Parrott, the graduate student who conducted the study. “Our findings strengthen the notion that alcohol increases the likelihood that certain drinkers, particularly those with the tendency to be angry and to express their anger outwardly, become aggressive when provoked.”

The term, “Anger-Out,” reflects an individual’s tendency to express his or her anger outwardly, such as verbal aggression (yelling or screaming) and/or physical aggression towards inanimate objects (kicking the wall) or other individuals (punching or shoving). “Anger-In” is the tendency toward “fuming,” “churning inwardly,” or “boiling up” with anger. Individuals with high levels of this trait may not express their anger outwardly, yet they still do not effectively cope with their anger. “Anger-Control” reflects a person’s tendency to control or cope with his or her anger in a way that reduces the likelihood of anger-related outbursts or “seething.”

“If individuals tend to express their anger outwardly,” said Zeichner, “alcohol will ‘turn up the volume,’ so that such a person will express anger more frequently and more intensely. A heightened response will most likely occur when the provocation against the drinker is a strong one, and will less likely occur when the individual is experiencing a low provocation and is sober.”

In summary, said Zeichner and Parrott, “our findings suggest that we need to understand that emotions and their regulation play an important role in the relationship between drinking and behaving aggressively. If this role is proven true, then it would be helpful to teach certain drinkers to moderate their use of alcohol, help them to effectively cope with their anger and, finally, learn how to respond to provocation in a de-escalating manner.”


Online Anger Management Classes at Tom Wilson Counseling Center
www.onlineangerclasses.com

Alabama DUI Laws

Courtesy of Tom Wilson Counseling Center

Alabama DUI Laws

Section 32-5A-191

Driving while under influence of alcohol, controlled substances, etc.

(a) A person shall not drive or be in actual physical control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol in his or her blood;
(2) Under the influence of alcohol;
(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver’s license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person’s driver’s license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person’s employer, by any entity or person of any information, documents, or records relating to the person’s arrest, conviction, or adjudication of or finding of delinquency based on this subsection.
All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).
(c)(1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver’s license for a period of one year.
(2) A person shall not drive or be in actual physical control of a commercial motor vehicle as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is .04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver’s license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person’s regular driver’s license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.
(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.
(e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days.
(f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver’s license of the person convicted for a period of one year.
(g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver’s license of the person convicted for a period of three years.
(h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver’s license of the person convicted for a period of five years.
The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama’s habitual felony offender law.
(i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver’s license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program.
(j) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance.
(k) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction within five years, over one thousand dollars ($1,000) for a third conviction within five years, and over two thousand dollars ($2,000) for a fourth or subsequent conviction within five years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction within five years, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law. Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows: The first two hundred dollars ($200) of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) for any conviction credited to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality. The second three hundred dollars ($300) of the fine collected for a first conviction, the second eight hundred dollars ($800) collected for a second conviction, the second one thousand eight hundred dollars ($1,800) collected for a third conviction, and the second three thousand eight hundred dollars ($3,800) collected for a fourth conviction shall be divided with 50 percent of the funds collected to be deposited to the State Treasury to be credited to the State General Fund and 50 percent deposited as otherwise provided by law for municipal ordinance violations. Any amounts collected over these amounts shall be deposited as otherwise provided by law for municipal ordinance violations. Notwithstanding any provision of law to the contrary, 90 percent of any fine assessed and collected for any DUI offense charged by municipal ordinance violation in district or circuit court shall be computed only on the amount assessed over the minimum fine authorized, and upon collection shall be distributed to the municipal general fund with the remaining 10 percent distributed to the State General Fund.
(l) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof.
(m) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant’s subsequent arrest and pending prosecution to the court in which the prior conviction occurred.
(n) When any person over the age of 21 years is convicted pursuant to this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present in the motor vehicle.
(o) A prior conviction within a five-year period for driving under the influence of alcohol or drugs from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section.
(p) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state or territory or a municipality of another state or territory more than once in a five-year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender’s driver’s license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle.

(Acts 1980, No. 80-434, p. 604, §9-102; Acts 1981, No. 81-803, p. 1412, §1; Acts 1983, No. 83-620, p. 959, §1; Acts 1984, No. 84-259, p. 431, §1; Acts 1994, No. 94-590, p. 1089, §1; Acts 1995, No. 95-784, p. 1862, §2; Acts 1996, No. 96-341, p. 416, §1; Acts 1996, No. 96-705, p. 1174, §1; Acts 1997, No. 97-556, p. 985, §1; Act 99-432, p. 787, §1; Act 2000-677, p. 1376, §1; Act 2002-502, p. 1299, §1; Act 2005-326, p. 795, 1st Sp. Sess., §1; Act 2006-654, p. 1787, §1.)
 Source: http://www.legislature.state.al.us/codeofalabama/1975/32-5a-191.htm
 
arrest

How to Avoid the #1 Mistake Made by Out-of-State DUI Offenders in Riverside County, California

DUI in Riverside County but live in another state?

Tom Wilson, MA, LCPC


Did you get a DUI in Riverside County, California but live out of state?  Chances are you had an Attorney represent you in court where you entered a plea and went to final sentencing.  You were told to pay a fine and complete an Online 3 month AB541 DUI Class to meet California’s court requirements. However, there is one simple mistake made by out-of-state residents that has led to Riverside County issuing a warrant for non-compliance. This mistake can dramatically increase the time it takes to resolve your case.
At sentencing, all persons sentenced for a DUI in Riverside County are given a notice to report to the Riverside County Drinking Driver Programs located in Indio and Riverside, California. Failing to report to the program can result in a warrant for non-compliance, even if they sign up for classes ahead of time. The Drinking Driver Program provides offenders with a Proof of Enrollment Form that must be completed by the approved DUI program. This form is completed by the provider and returned to the Drinking Driver Program indicating that the defendant has enrolled.


For out of state offenders, the form must be sent to their online DUI program provider for completion and returned to the Drinking Driver Program. The online provider insures that the defendant has enrolled in a timely manner and in the correct program, and in turn sends proof of enrollment to the Drinking Driver Program, as well as sending proof of enrollment/completion to the court.

Out-of-state DUI offenders who skip this requirement are unpleasantly surprised when they discover that a warrant for non-compliance has been issued. When in doubt, a call to the Drinking Driver Program in Riverside County at 1-760-863-8471 is always a good idea.
Register online for the following online classes. VISA, MasterCard, Discover and American Express, as well as debit cards. If you need to arrange to make payments, please call our office directly at 1.877.368.9909, Monday-Friday, 9am-5pm MST.

Benefits of Online Classes:

  • 100% online and available 24/7
  • Secure registration and payment
  • Convenient and Confidential

Classes Available for California Non-Residents:

Visit www.californiaonlineduiclass.com  to register for online classes.

courtappearance

Drug offense hearings in California may be delayed due to budget cuts

Recent budget cuts in the California court system have resulted in closed courts, fewer staff and many delays in civil cases, but also in criminal cases such as drug arrest trials and hearings.

An LA Times article states that the California courts have lost about 65% of their state support in the last 5 years and affects from those cuts are continuing to increase. These cuts are causing delays in hearings and trials, causing records to go unprocessed for many months, and reducing the number of services at public windows.
What does this mean for those arrested for a Drug Arrest?
One of the most damaging results of a drug arrest is the amount of time and money lost during the court proceedings.  Time spent finding an attorney, attending hearings and meeting court requirements can cause substantial time away from work and personal commitments, not to mention to costs to hire an attorney.   The recent California budget cuts could extend these delays and cost you more time and money..  
What is Penal Code 1000 PC?

Deferred entry of judgment, defined in Penal Code 1000 PC, allows eligible defendants the opportunity to have their criminal proceedings suspended while they complete a drug treatment program.

Most of the time, the defendant enters a guilty plea to the charge. If the judge determines that the defendant is a good candidate for drug diversion, he or she will suspend the criminal proceedings. typically for a period of 18 months, although it may be as long as three years while the defendant participates in a drug rehabilitation program. This judgment could be further delayed by the recent California budget cuts that are causing substantial delays for criminal hearings.

A drug rehabilitation program is one that has been certified or deemed credible and effective by the applicable county drug program administrator. The defendant may request to be referred to a program in any county, as long as the program meets this criteria. However, if the defendant is not a resident of California, the judge may approve an online drug diversion program.

If the defendant successfully completes the program, the judge dismisses the charges and. with only a few exceptions, the defendant may truthfully state that he or she has never been arrested for the charged offense.
However, if the judge does not believe that the defendant would benefit from treatment, or the defendant does not successfully complete his or her course of treatment, the judge will impose sentence on the charges.

In many cases, your attorney or the judge will recommend court approved online Drug Diversion Program as part of your sentence. Tom Wilson Counseling Center provides online DUI classes specifically designed for out-of-state residents that received a DUI in the State of California.
Register online for the following online classes.  We accept VISA, MasterCard, Discover and American Express, as well as debit cards.  If you need to arrange to make payments, please call our office directly at 1.877.368.9909, Monday-Friday, 9am-5pm MST.
Benefits of Online Classes:
  • 100% online and available 24/7
  • Secure registration and payment
  • Convenient and Confidential

Classes Available for California Deferred Entry of Judgment Penal Code 1000:

Visit www.deferredentryofjudgment.com  to register for online class.

Additional Sources: 

http://www.shouselaw.com/drug-diversion.html

 
courtappearance

Budget cuts cause DUI hearing and trial delays in California

Recent budget cuts in the California court system have resulted in closed courts, fewer staff and many delays in civil cases, but also in criminal cases such as DUI and drug arrest trials and hearings.

An LA Times article states that the California courts have lost about 65% of their state support in the last 5 years and affects from those cuts are continuing to increase. These cuts are causing delays in hearings and trials, causing records to go unprocessed for many months, and reducing the number of services at public windows.
What does this mean for those arrested for a DUI?
One of the most damaging results of a DUI is the temporary loss of your driver’s license.  Normally, the California DMV will automatically suspend your driver’s license unless you request a DMV hearing within ten days of your arrest.  This delays suspension until the outcome of the hearing is determined.  If you win your hearing, no suspension occurs.  But, how will this affect you if the court delays your hearing due to recent budget cuts? When you do finally have a hearing and the hearing officer decides that the officer reasonably believes that you were driving under the influence, you were lawfully arrested and you had a BAC of 0.08% or higher, then your license will be suspended at that time. With the California court budget cuts, this could mean that the first hearing is delayed by weeks or months and the amount of time without your driver’s license could be devastating to your work and personal life. 
What happens if you get a DUI arrest in California but live in another state?

If you are arrested for a DUI in the State of California but live in another state, the arresting officer will give you notice that your driving privileges in California will be suspended in 30 days. The California DMV is notified and you have 10 days from your arrest to challenge the suspension by requesting a hearing. As mentioned above, the license suspension is delayed until the outcome of the hearing. But with recent budget cuts, does this hearing still take place as quickly as before?  Probably not.  And if you lose the hearing, your driving privileges in California will be suspended for up to 4 months for first offenses and longer for those with previous DUI convictions. 

Other Consequences of a DUI arrest in California for Out-of-State Residents
Suspended driving privileges in California will most likely affect your driver’s license in your home state as well. All but 5 states in the U.S. belong to the Interstate Drivers License Compact (IDLC), which means that your home state will get notified of any driving arrests and will most likely take additional action against your driver’s license and record. The only states that do not belong to the IDLC are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.  
Even if you don’t live in California or don’t request a hearing you will be involved in a DUI criminal court proceeding in the State of California. The California Superior Court takes actions that are separate from the California DMV.  These proceedings can be costly and time consuming. It is in your best interest to hire a California DUI attorney to assist you thru the process, especially if you are unable to attend all the court appearances because you live out of state. 
There are a number of hearings and court appearances that may result in reduced or dismissed charges and the case may or may not go to trial.  In either case, the process is going to take much longer with the delays occurring from the California court budget cuts.  

In many cases, your DUI attorney or the judge will recommend court approved online DUI Alcohol Programs as part of your sentence. Tom Wilson Counseling Center provides online DUI classes specifically designed for out-of-state residents that received a DUI in the State of California.
Register online for the following online classes.  We accept VISA, MasterCard, Discover and American Express, as well as debit cards.  If you need to arrange to make payments, please call our office directly at 1.877.368.9909, Monday-Friday, 9am-5pm MST.

DUI Court Delays Caused by California Budget Cuts

Recent budget cuts in the California court system have resulted in closed courts, fewer staff and many delays in civil cases, but also in criminal cases such as DUI and drug arrest trials and hearings.

An LA Times article states that the California courts have lost about 65% of their state support in the last 5 years and affects from those cuts are continuing to increase. These cuts are causing delays in hearings and trials, causing records to go unprocessed for many months, and reducing the number of services at public windows.
What does this mean for those arrested for a DUI?
One of the most damaging results of a DUI is the temporary loss of your driver’s license.  Normally, the California DMV will automatically suspend your driver’s license unless you request a DMV hearing within ten days of your arrest.  This delays suspension until the outcome of the hearing is determined.  If you win your hearing, no suspension occurs.  But, how will this affect you if the court delays your hearing due to recent budget cuts? When you do finally have a hearing and the hearing officer decides that the officer reasonably believes that you were driving under the influence, you were lawfully arrested and you had a BAC of 0.08% or higher, then your license will be suspended at that time. With the California court budget cuts, this could mean that the first hearing is delayed by weeks or months and the amount of time without your driver’s license could be devastating to your work and personal life. 
What happens if you get a DUI arrest in California but live in another state?

If you are arrested for a DUI in the State of California but live in another state, the arresting officer will give you notice that your driving privileges in California will be suspended in 30 days. The California DMV is notified and you have 10 days from your arrest to challenge the suspension by requesting a hearing. As mentioned above, the license suspension is delayed until the outcome of the hearing. But with recent budget cuts, does this hearing still take place as quickly as before?  Probably not.  And if you lose the hearing, your driving privileges in California will be suspended for up to 4 months for first offenses and longer for those with previous DUI convictions. 

Other Consequences of a DUI arrest in California for Out-of-State Residents
Suspended driving privileges in California will most likely affect your driver’s license in your home state as well. All but 5 states in the U.S. belong to the Interstate Drivers License Compact (IDLC), which means that your home state will get notified of any driving arrests and will most likely take additional action against your driver’s license and record. The only states that do not belong to the IDLC are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.  
Even if you don’t live in California or don’t request a hearing you will be involved in a DUI criminal court proceeding in the State of California. The California Superior Court takes actions that are separate from the California DMV.  These proceedings can be costly and time consuming. It is in your best interest to hire a California DUI attorney to assist you thru the process, especially if you are unable to attend all the court appearances because you live out of state. 
There are a number of hearings and court appearances that may result in reduced or dismissed charges and the case may or may not go to trial.  In either case, the process is going to take much longer with the delays occurring from the California court budget cuts.  

In many cases, your DUI attorney or the judge will recommend court approved online DUI Alcohol Programs as part of your sentence. Tom Wilson Counseling Center provides online DUI classes specifically designed for out-of-state residents that received a DUI in the State of California.
Register online for the following online classes.  We accept VISA, MasterCard, Discover and American Express, as well as debit cards.  If you need to arrange to make payments, please call our office directly at 1.877.368.9909, Monday-Friday, 9am-5pm MST.
courtappearance

Court Delays Caused by California Budget Cuts in DUI Hearings and Trials

Recent budget cuts in the California court system have resulted in closed courts, fewer staff and many delays in civil cases, but also in criminal cases such as DUI and drug arrest trials and hearings.

An LA Times article states that the California courts have lost about 65% of their state support in the last 5 years and affects from those cuts are continuing to increase. These cuts are causing delays in hearings and trials, causing records to go unprocessed for many months, and reducing the number of services at public windows.
What does this mean for those arrested for a DUI?
One of the most damaging results of a DUI is the temporary loss of your driver’s license.  Normally, the California DMV will automatically suspend your driver’s license unless you request a DMV hearing within ten days of your arrest.  This delays suspension until the outcome of the hearing is determined.  If you win your hearing, no suspension occurs.  But, how will this affect you if the court delays your hearing due to recent budget cuts? When you do finally have a hearing and the hearing officer decides that the officer reasonably believes that you were driving under the influence, you were lawfully arrested and you had a BAC of 0.08% or higher, then your license will be suspended at that time. With the California court budget cuts, this could mean that the first hearing is delayed by weeks or months and the amount of time without your driver’s license could be devastating to your work and personal life. 
What happens if you get a DUI arrest in California but live in another state?

If you are arrested for a DUI in the State of California but live in another state, the arresting officer will give you notice that your driving privileges in California will be suspended in 30 days. The California DMV is notified and you have 10 days from your arrest to challenge the suspension by requesting a hearing. As mentioned above, the license suspension is delayed until the outcome of the hearing. But with recent budget cuts, does this hearing still take place as quickly as before?  Probably not.  And if you lose the hearing, your driving privileges in California will be suspended for up to 4 months for first offenses and longer for those with previous DUI convictions. 

Other Consequences of a DUI arrest in California for Out-of-State Residents
Suspended driving privileges in California will most likely affect your driver’s license in your home state as well. All but 5 states in the U.S. belong to the Interstate Drivers License Compact (IDLC), which means that your home state will get notified of any driving arrests and will most likely take additional action against your driver’s license and record. The only states that do not belong to the IDLC are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.  
Even if you don’t live in California or don’t request a hearing you will be involved in a DUI criminal court proceeding in the State of California. The California Superior Court takes actions that are separate from the California DMV.  These proceedings can be costly and time consuming. It is in your best interest to hire a California DUI attorney to assist you thru the process, especially if you are unable to attend all the court appearances because you live out of state. 
There are a number of hearings and court appearances that may result in reduced or dismissed charges and the case may or may not go to trial.  In either case, the process is going to take much longer with the delays occurring from the California court budget cuts.  

In many cases, your DUI attorney or the judge will recommend court approved online DUI Alcohol Programs as part of your sentence. Tom Wilson Counseling Center provides online DUI classes specifically designed for out-of-state residents that received a DUI in the State of California.
Register online for the following online classes.  We accept VISA, MasterCard, Discover and American Express, as well as debit cards.  If you need to arrange to make payments, please call our office directly at 1.877.368.9909, Monday-Friday, 9am-5pm MST.