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Beverly Hills DUI Lawyers

1. Benner Kim: California DUI Law In California, if you are driving with a blood alcohol content (BAC) of .08% or more, you may be charged with DUI. Even if your BAC is less than .08%, you may still be arrested for DUI if the arresting officer has observed signs of impaired driving, such as weaving in and out of lanes or drifting onto the shoulder. Drivers under 21 can be arrested for DUI with any identifiable amount of alcohol in their bloodstream. The penalties for DUI conviction can include up to $1,000 in fines and up to six months in jail for a first conviction. For subsequent convictions within a ten-year period, or if your BAC was greater than .15%, the possible penalties are greater. In addition to fines and jail time, you may be required to attend an alcohol education program, and you may be required to install an ignition interlock device on your vehicle. Administrative and other Penalties In addition to possible criminal penalties upon conviction, an arrest for DUI will result in your driver's license being suspended for four months if it is your first offense, or one year for subsequent offenses. If you refuse to take the breath test, your license will be suspended for one year for a first offense, two years for a second offense, or three years for a subsequent offense. When you are able to drive again, you will be required to obtain SR22 insurance, which is a much more expensive form of automobile insurance than is normally available. Besides criminal and administrative penalties imposed, an arrest or conviction will leave you with a criminal record, which can make it difficult for you to obtain or maintain certain types of employment or government or military service. Also, there is the potential humiliation and damage to your reputation in the community which may occur.
2. Jaffe, Jay: Felonies Misdemeanors DUI Domestic Violence Drug Offenses
3. Chavez, Ricardo: You need an attorney who understands how to ensure the protection of your rights and who has the ability to negotiate with prosecutors on a level playing field.
4. Stephen King: Question: If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?  Answer: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication Ñ and it may explain the odor of alcohol on the breath. Question: Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test?  Answer: In California, there is no right to speak to an attorney until after you have submitted to blood or breath testing at the station (or have refused to do so). Question: What is the officer looking for during the initial detention at the scene?  Answer: The traditional symptoms of intoxication taught at the police academies are:   * Flushed face  * Red, watery, glassy and/or bloodshot eyes  * Odor of alcohol on breath  * Slurred speech  * Fumbling with wallet trying to get license  * Failure to comprehend the officer's questions  Staggering when exiting vehicle  * Swaying/instability on feet  * Leaning on car for support  * Combative, argumentative, jovial or other "inappropriate" attitude  * Soiled, rumpled, disorderly clothing  * Stumbling while walking  * Disorientation as to time and place  * Inability to follow directions   Question: What should I do if I'm asked to take field sobriety tests?  Answer: There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate. Recently, many states have begun following the federally-approved ( National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:   * Heel-to-Toe (also referred to as "walk-and-turn")  * One-Leg Stand  * Horizontal Gaze Nystagmus   All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively Ñ that is, a numerical score is assigned according to specific errors, or "clues".     Question: Should I agree to take a chemical test? What happens if I don't?  Answer: There are three adverse consequences to refusing to submit to a breath or blood test (or urine if neither is available or if drugs are suspected):   * Your driver's license will be suspended for one year rather than four months; if this is a second offense, the suspension is for two years. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license.  A refusal, if alleged in the complaint, carries a mandatory minimum jail sentence.  * The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough.   Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing. Question: Do I have a choice of chemical tests? Which should I choose?  Answer: In California, you are supposed to be given a choice of blood or breath testing. Urine testing can be required if neither blood nor breath is available, or if the officer reasonably suspects the presence of drugs. If a breath test is chosen, the officer is supposed to advise you that, because a breath sample will not be saved for later reanalysis by the defense, you are entitled to a second test of blood; many officers, however, fail to provide this information. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate is urinalysis. Question: The officer never gave me a Miranda warning: Can I get my case dismissed?  Answer: No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can affect the suspension of your license.     Question: The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I'm presumed innocent?  Answer: Agreed, it is blatantly unfair. But the law in California provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test. WARNING: Be aware of a 10-day deadline for calling the  California DMV to request a hearing on the suspension and to get an extension of the temporary license. Question: What is the punishment for drunk driving?  Answer: This varies from jurisdiction to jurisdiction and can become quite complex depending upon the facts of the individual case. Generally speaking, a first offense with no "enhancements" (see #16) will involve a fine of about $1700, a 90-day license restriction (in addition to the DMV suspension), attendance at a DUI school for 3, 6 or 9 months and probation for three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices,  AA meetings and/or impounding of the vehicle. Question: What is a sentence "enhancement"?  Answer: California law increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:   * A child was in the car at the time.  * The defendant was traveling 20 or 30 miles over the speed limit at the time.  * The  blood-alcohol concentration (BAC) was over .20%.  * The defendant refused to submit to a chemical test.  * There was property damage or injury.  * The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood-alcohol level and impose longer license suspensions).   The existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges. Question: What is a "rising BAC defense"?  Answer: It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING Ñ not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.  Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit Ñ but his actual BAC AT THE TIME OF DRIVING was below. Question: What is "mouth alcohol"?  Answer: "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings Question: What defenses are there in a DUI case?  Answer: Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: * Driving Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.  * Probable cause. Evidence will be suppressed if the officer did not have legal cause to(a) stop, (b) detain and (c) arrest. Sobriety roadblocks present particularly complex issues.  * Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.  * Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may affect admissibility of the test results Ñ as well as the license suspension imposed by the motor vehicle department.  * "Under the influence". The officer's observations and opinions as to intoxication can be questioned Ñ the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober.  * Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness and/or the defense can hire its own forensic chemist.  * Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.  * Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving (see question #17). Again, a number of complex physiological problems are involved here.  * Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.  * License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's  department of motor vehicles.
5. Franklin, Jonathan: Just because your breath or blood-alcohol tested .08 or above does not mean that conviction on the charge is a certainty. There may be procedural, mechanical, or biological factors on which a successful defense can be based. For example, the police may have made an improper stop. The breath or blood test may not have been conducted correctly. Or the breath testing machine may not have been in proper working order. After a drunk-driving arrest, you may think that your most important task is the recovery of your vehicle. While that is an important step in getting your life back to normal, your troubles have just begun. You face some tough decisions about your legal representation. A DUI arrest triggers two legal actionsÑa criminal DUI charge and an administrative proceeding that will very likely result in a driver's license suspension. You will need a lawyer who can address both problems. Do Not Delay Hiring a Lawyer Following a DUI arrest, you have 10 days in which to request a DMV hearing regarding your driver's license. If you do not ask for a hearing, you will get an automatic license suspension. Driver's License Restoration The California Department of Motor Vehicles does not automatically restore your driver's license. You have to ask for it and demonstrate to their satisfaction that you deserve your license.
6. Fenster, Alan : vehicular manslaughter, which is often the result of accidents allegedly caused by: Excessive speeding Traffic violations considered gross negligence Driving under the influence of alcohol
7. Caplan, Sara: * Probation Violation * Assault * Battery * Sex Related Offenses * Homicide * Dui Dwi * Traffic * Forgery * Shoplifting * Theft * Armed Robbery * Robbery * Burglary * Illegal Drugs * Drugs * Immigration * Professional Administrative Hearings * Firearms Violations * White Collar Crimes * Other Offenses
8. Rosenfeld, Mark: What is DUI (Driving Under the Influence)? DUI is most often a misdemeanor offense in California and involves a driver operating a motor vehicle while under the influence of alcohol, drug, or a controlled substance. To be considered "under the influence" under California drunk driving law, the driver must have a blood alcohol concentration of .08% or greater or must have physical/mental abilities that are impaired. To prove that a driver was operating a motor vehicle under the influence, law enforcement and the District Attorney will use performance on field sobriety tests and the outcome of a breathalyzer test or blood test that was administered after the driver's arrest.
9. Zola Wegman & Associates: from petty theft to sex crimes
10. Sacks, Adam: Drunk driving penalties in California are very complex and you need to have a knowledgeable Attorney right away, to review the case fully and give you the best possible legal counsel.
11. Gunsberg, Jerod: Juvenile DUI License Suspension Under California Law, a driver under 21 who has a blood-alcohol concentration (ÒBACÓ) of .01% or greater is subject to a one-year license suspension. The police take your license at the time of your offense and give you a paper temporary license. This penalty is imposed by the DMV and can be challenged at a DMV hearing. The DMV must be notified within 10 days of the offense or your right to a hearing is forfeited. Juvenile DUI Misdemeanor Additionally, if the BAC is alleged to be greater than .08%, a juvenile will be charged with a misdemeanor DUI. This will include the standard DUI penalties such as a license suspension, mandatory drunk driving classes, and other probation conditions the juvenile court deems appropriate. Juvenile DUI Infraction .05% BAC If the BAC is alleged to be over .05%, but under .08), the juvenile will be charged with an infraction (like a traffic ticket). If you or your child are under 18, this will be dealt with in juvenile traffic court. However, your license is still subject to the one year suspension by the DMV. Remember, these penalties are in addition to the one year license suspension by the DMV. Minors MUST submit to the Preliminary Alcohol Screening Breathalyzer (ÒPASÓ) Unlike adults, who are only required to submit to the a blood alcohol chemical test either at the police station or a hospital, a juvenile must submit to the breath test given at the scene by the police (called a ÒPreliminary Alcohol ScreeningÓ. However, like adults, juveniles are NOT required to submit to the ÒField Sobriety TestsÓ (ÒWalk and TurnÓ, Nystagmus, standing on one leg, etc). Jerod Gunsberg Ð Juvenile Defense Attorney Contact Information It is important to speak with a qualified juvenile criminal defense attorney regarding juvenile DUI charges against you or your child.
12. Sturm, Craig: Many people are misinformed about DUI Alcohol. Just because you blow in a breath machine over the legal limit that all hope is lost. When in actuality, it is not illegal to be over the legal limit after the time of driving, subsequently, the prosecution has to prove that you were over the legal limit at the time of driving. Many defenses such as rising B.A. level (which means your B.A. level was actually lower at the time of driving), prove your innocence. There are a plethora of DUI defenses, too many to list. That's why you need an EXPERIENCED DUI attorney to defend you on these charges.
13. Kaplan Marino: * DUI (drunk driving) * Assault * Robbery * Domestic Violence * Sex Crimes * Theft Crimes * Manslaughter * Homicide * Drug Possession * Federal Investigations * Drug Sales * Drug Transportation * Drug Trafficking * Embezzlement * Juvenile Crimes * Kidnapping * Forgery * Credit Card Fraud * Identity Theft * Cybercrime * Third Strike Cases
14. Rowley, Nicholas: * Counseling to individuals facing potential or actual criminal investigation or prosecution * Arrests * Bail * Plea bargains * Lie detectors tests and DNA testing * Felonies such as drug or narcotics possession * Misdemeanors * Traffic and DUI (drunk driving) criminal matters as well as drivers license issues * White collar offenses, including embezzlement, RICO and RTC related litigation * Matters considered as quasi-criminal, such as licensing issues with professional or occupational boards and government administrative boards * Fraud, including farm fraud and federal enforcement of farm programs * Search and seizure issues, including search warrants and dealing with the police * Sentencing, pardon and parole matters There are two important aspects of the U.S. criminal justice system to remember Ñ the presumption that a defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt.
15. Sandler, Bradley: Do not make the mistake most People make and fail to fight these charges. DUI charges can be beaten and your DriverÕs License can be saved. If you were recently stopped for a DUI and arrested, you must contact the DMV within 10 days of such arrest to schedule an Administrative Per Se hearing or face immediate license suspension 30 days after your arrest.
16. Clemens, Victoria: Many people do not realize that some traffic violations are misdemeanors, and this means that they are subject to 1 to 3 years of summary probation if the case is not resolved! It also stays on their record until and unless it is expunged. For example, a vehicle code section ¤14601 carries with it a potential for 3 years of summary probation and 1 point on your driving record. What people donÕt realize is that if they update their license and have everything current, this can be reduced to a ¤12500, which reduces it to one year summary probation and cuts the fine in half and no points.
17. Shkolnikov, John: Anyone charged with driving under the influence of alcohol or drugs should consult with an attorney who specializes in defending drunk driving cases.
18. Piper Law Firm: Why Should I Hire an Attorney? That is a question we frequently encounter.   There are a number of reasons to hire a lawyer: You do not want to be convicted and you do not want to go to jail.  If you have been charged with a crime, you are in serious trouble.  You need professional help to make sure the criminal matter impacts your life as little as possible. The California criminal justice system can be deceptively complex and full of numerous rules that are often difficult to understand.  For instance, the judge is allowed to hear the Defendant's version of events in only certain contexts and for only certain reasons.  Not knowing when and where to present your side of the story can prevent you from ever telling your side of the story. Further, the accused often find themselves in more trouble than what they first thought. For instance, California has a number of criminal offenses that are called Òwobblers.Ó A wobbler is a crime that can be charged as either a felony or misdemeanor.  There are also rules that allow prosecutors to increase or enhance the charges.  As a result, an arrest for a seemingly petty offense can result in a sentence of several years in a California prison. Hiring the right lawyer can make all the difference in a criminal case.  A lawyer who is confident, knowledgeable and is willing to take the time to explain your options is ideal for a criminal matter.  A criminal conviction can haunt a person for many years to come, therefore it is important to know the options and receive the proper guidance before deciding on a course of action.  This includes pleading guilty.  Therefore, even those who desire to plead guilty can find the services of a lawyer beneficial. The Public Defender or court appointed counsel is no substitute for a lawyer you hire and who works for you, not a government bureaucracy.   Court provided legal services are meant for the poorest members of our society.  If the court discovers you have assets, or can afford an attorney, the court could make you pay for the services you receive.   In addition, the Public Defender Offices are often too overworked to pay special attention to any one particular case.  Therefore, your case may not get the right amount of attention it deserves in order to get the best result. Many people do not hire an attorney because they have misconceptions about what will happen in court.  Highly publicized cases, television programs and pop-culture create a swirl of mis-information.  Going into a police interview room or courtroom without knowing what your rights and responsibilities truly are, could lead to significant trouble later on.  The earlier you have an attorney involved in your case, the better off you will be. The attorney you hire should be competent, professional and someone you feel comfortable speaking with.  After all, the lawyer is the person to whom you will be entrusting an entire aspect of your life.  Therefore, you should know your lawyer.  Get to know the lawyer you want to hire.  Ask yourself if you feel comfortable with this person in control of a certain aspect of your life.  See if this person is confident and is willing to take the time to answer all your questions. Contacting an attorney is an important first step in resolving your case and putting an end to your criminal matter.
19. Robert M. Bernstein: A misdemeanor offense is punishable by up to one year in the county jail. Misdemeanors are only dealt with in the Municipal Court level. After successful completion of a probationary period, a misdemeanor can be expunged from your record. DUI Law in California In California, a driving under the influence case typically consists of two separate charges: driving with a blood alcohol concentration (BAC) of .08% or above, and driving while under the influence of alcohol and/or drugs. This means that it is possible to be charged with driving under the influence even if your blood alcohol concentration was not tested or if your BAC was below the legal limit. If you are under 21, you cannot drive with a blood alcohol concentration of .01% or higher. A Los Angeles DUI Lawyer can help you avoid both DMV and criminal penalties associated with any driving under the influence conviction.
20. Southern California DUI Defense: The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
21. Jeffrey Sklan: A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.
22. Jay Jaffe: You should consult an attorney for individual advice regarding your own situation.
23. Brent Merritt:

    Police typically use three methods of determining whether a driver has had too much to be driving:

    1. Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
       
       
    2. Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
       
       
    3. Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
24. Michael Brush: United Statescitizens frequently believethey will not be subject to foreign laws for crimes committed abroad since they are U.S. citizens. This is not the case. In fact, the consequences for crimes committed abroad, especially drug possession, can bemore severe. The U.S. is one of few countries that believe in "innocence until proven guilty." Furthermore, the burden of proof in many countries rests with the accused to prove innocence.
25. Gary Moss: After a typical California DUI arrest, you may have only ten days to request a hearing from the Department of Motor Vehicles to challenge the administrative suspension of your California driving privilege. If a hearing is not set, and a "stay" (or postponement) of the suspension is not requested, your license may be automatically suspended after 30 days if your blood alcohol level was at 0.08% or greater when tested.
26. Pardoe & Associates:
    
    1. You must Contact the DMV within 10 days of your arrest
    2. Record & Remember what police officer did and said to you
    3. Think about what kind of Legal Representation you want
    4. Decide what are your goals in resolving your case; accepting a plea bargain or having a jury trial
    
    
27. C. Robert Brooks: The fact is, you don't need a lawyer. What you do need is a DUI lawyer! TEN POINTS YOU NEED TO KNOW ABOUT A DUI 1. The charge of driving under the influence is actually two charges: 23152(a)V.C. "driving under the influence of drugs or alcohol (or both)" and, 23152(b) V.C. "driving with a blood alcohol level of .08 or higher." The punishment is the same whether you plead to either offense. 2. If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV. See the DMV page for more about their procedure. 3. Conviction on either count is "priorable" for the next ten years. That means that if you pick up another DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year. 4. Since what happens at the Court and what happens at the DMV are separate procedures, it is possible to be found guilty in the criminal case, but still win the DMV hearing. 5. On the other hand, if you were actually acquitted in Court of the "b" count, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension. 6. Notwithstanding No. 5 (above), if you are accused of having refussed to take the chemical test, even if you win at trial, the DMV may still suspend your license for one year for a first offense if they determine you refused to take a chemical test at the APS hearing. 7. If you are convicted of a DUI, you will be required, during the three years that you are on probation, to maintain proof of insurance on file with the DMV. If it should lapse during that time, the DMV will suspend your license. 8. If you are caught driving while your license is suspended for a DUI conviction, the mandatory minimum jail term is 10 days. 9. DUI's are tough charges with difficult consequences if you are convicted. But they are beatable, both in Court and at the DMV. 10. You need an experienced DUI defense professional to represent you!
28. Gregory Brenner: While most people understand that a DUI-DWI arrest is going to result in criminal charges in court, most drivers do not realize that a drunk driving arrest also initiates a civil proceeding against their driving privileges, which is commonly referred to as a California Department of Motor Vehicles (DMV) license suspension. A DMV license suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or fails a breath or blood test.
29. Lawrence Taylor