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Anaheim DUI Lawyers

1. Howard Law
: Of all criminal charges, driving under the influence may have the most immediate, direct effect on the defendant's life. If you're charged with intoxicated driving, police can take your driver's license away almost immediately -- before a conviction and before charges are even filed. In some areas, police will also keep you in jail overnight. Once released, first-time offenders face the possibility of more jail time or probation; alcohol education classes; heavy fines; and more. And that's just from the legal system. If you're accused of drunk driving, we encourage you to talk to our Orange County DUI defense attorneys right away. Most importantly, you have just ten days (including weekends and holidays) to request a DMV hearing about whether your driver's license should be suspended.
2. Mashney Law Office: The Crime of Drunk Driving Each state has its own set of drunk-driving laws, but there are certain concepts that are common to all. As we all know, it is illegal for a person to operate a motor vehicle after consuming anything to a degree that impairs his or her safe driving ability. Both criminal and civil penalties for drunk driving can be harsh and often include: * Jail or prison time * Large fines * Loss or suspension of license * Restitution * Community service * Substance-abuse treatment * Restrictive probationary programs In addition, the social stigma and sometimes the difficulty of dealing with the pain of having harmed an innocent person may have lifelong negative consequences. If you have been charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney that you can trust. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. Terminology The criminal offense of drunk driving goes by a variety of names among the states, including: * Driving under the influence (DUI) * Driving while intoxicated (DWI) * Operating under the influence (OUI) * Operating while intoxicated (OWI) * Driving under the influence of intoxicants (DUII) * Driving while under the influence (DWUI) In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise. Intoxication Defined One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines and in every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated. Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving; he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driverÕs license may be revoked or suspended. BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns, and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include: * Finger-to-nose test * Walk-and-turn test * Standing on one leg * Picking up coins * Horizontal-gaze-nystagmus test * Counting backwards * Reciting the alphabet forwards and backwards * Throwing and/or catching a ball Driving Requirement The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present, and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Cars, trucks, and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles, and ATVs, although the types of vehicles contemplated differ by state. Conclusion As Americans, we rely heavily on driving to get to work, to socialize, to run errands, and to vacation. Licensed drivers transport children, people with disabilities, and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a potential problem with drunk driving, a criminal defense lawyer can fight for you and help protect your interests and those of your family and loved ones.
3. Bechler, James: Drug Cases, Warrants , Traffic Charges, Violent Crimes, Theft Crimes, White Collar Crimes, Expungement, Identity Theft, DUI Defense, Juvenile, Probation Violations, Intertnet Crimes, Misdemeanors , Felonies, Three Strikes Cases, Domestic Violence Federal Crimes, Drug Crimes, Spousal Abuse, Embezzlement and Fraud, Internet Sex Crimes, Grand Theft
4. Wigand, Gary: As a Commercial Driver, your livelihood depends upon your ability to drive. If you are convicted of a D.U.I. with a Class ÒAÓ License, even though you were driving a non-commercial vehicle when arrested, your commercial driving privilege will be suspended 1 year for the 1st offense. A 2nd offense within 10 years will result in a 2 year or more revocation. A 3rd or subsequent offense within 10 years will result in a 3 year or more revocation. The Penalties herein stated are minimums. Violations in Commercial Vehicles, injury and/or death relating to a D.U.I. and/or various other Vehicle Violations related to the Operation of a Motor Vehicle while under the influence of alcohol, drugs and/or a combination thereof mandate more severe penalties. In addition to the penalties hereinabove set forth, the DMV can require you to install an Ignition Interlock Device on your vehicle, require you not to drive any vehicle without an I.I.D., require you to attend and complete an Alcohol Treatment School, file an SR 22 Insurance Certificate and pay various fees. The brief summary set forth above addresses the DMVÕs Administrative Actions against your Commercial Drivers License. The DMVÕs actions are separate and independent from a CourtÕs Criminal Charges, Decisions, Orders and Penalties. California Courts tend to hold Commercial Class ÒAÓ Drivers to higher standards compared to Class ÒCÓ Drivers. If you are convicted of a D.U.I., can you get a Restricted Commercial Drivers License for work Ð The answer is ÒNo.Ó Notwithstanding the Criminal CourtÕs Charges, the DMV has stringent time constraints for requesting an Admin Per Se Hearing. If you fail to comply with the time limits your Driving Privilege will be Suspended and/or Revoked without a Hearing. The ProsecutionÕs Complaint sets forth allegations Ð not facts. CRIMINAL DEFENSE: What should you do if you are arrested and/or charged with a crime? One of the most important things you can do after being arrested and/or charged with a crime is to retain the services of a qualified attorney. CaliforniaÕs Criminal Justice System can impose severe penalties and consequences for a conviction of a crime including, but not limited to, jail time, fines, damage to your employment and reputation. In short, criminal convictions have long lasting affects upon your life.
5. Nicastro Piscopo: A California criminal charge or conviction can cause serious immigration problems for people with temporary or permanent resident (green card) status in the United States. Many immigrants are unaware that they may face both criminal and immigration courts after an arrest. They then secure representation from a California attorney who cannot foresee the effects the criminal charges may have on immigration status.
6. Joseph Alliberti: It is important to retain a law firm immediately to possibly preserve evidence, oppose the actions of the DMV, request a stay on any suspensions of the drivers license by the DMV, set up a hearing, obtain the proper experts, run or own tests, and attempt every possible defense to save the license, reduce or avoid any jail time and ensure the clients rights are protected.