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Encino DUI Lawyers

1. Berlin, Peter: In recent years, the fines and penalties for driving under the influence (DUI) have steadily increased. The California legislature has determined that a DUI violation is a serious violation of the law and has established a complex legal framework for handling these violations. If you are arrested for DUI, you potentially face severe fines, community service, alcohol programs and jail time. A mistaken belief that there is only a criminal case pending against one arrested for DUI is common. Many do not realize that they now have a battle on two fronts: 1. the Criminal Case itself; and 2. the Department of Motor Vehicles (DMV) Ð with respect to the suspension of their driverÕs license. When you are arrested for DUI, the police confiscate your driverÕs license and issue you a temporary license for a thirty (30) period. You MUST contact the DMV within ten (10) days of your arrest to request a ÒstayÓ of your license suspension and a DMV hearing to contest your DUI arrest. If you fail to request the ÒstayÓ and hearing within ten (10) days, your temporary driverÕs license will expire after thirty (30) days, and you are unable to legally drive a motor vehicle. California Vehicle Code Sections 23152 and 23153, state in part: * It is criminal violation to operate a motor vehicle on a public roadway with a blood alcohol level of .08 percent or higher. * It is a criminal violation to operate a motor vehicle with a blood alcohol level of over .01, if you are under the age of 21. * It is a criminal violation to have an opened container of alcohol in a vehicle upon a roadway, unless the container is kept out of the immediate control of its occupants. * Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year. If you are arrested for DUI, seek immediate representation to protect your rights. Do not make any statements to the police. Do not discuss how much you drank, or when you drank! Contact an experienced attorney immediately! Your attorney must not only be familiar with the law surrounding DUI, but also with the rules and procedures established by DMV. A DUI is a serious violation requiring a knowledgeable attorney with significant experience in this area. DonÕt give up your rights!
2. Raynor, Kate: The best way to avoid a DUI is to not drink and drive even if you've had a small amount of alcohol and you are not impaired. If you smell like alcohol your chances of being arrested when you are pulled over are very high. Being arrested however for A DUI does not automatically result in a conviction or loss of your driver's license in California. Here are some things that you should know. What is the police looking for in your driving? Lane straddling, wide turning radius, weaving, swerving, drifting, almost striking object or vehicle, driving on other than designated highway, speeding or below the limit, stopping without cause in traffic lane, following too closely, braking erratically, signaling inconsistent with driving actions, slow response to traffic signals, accelerating or decelerating rapidly, headlights not being used. What is the police looking for when they pull you over? * Odor of alcohol on breath * Flushed face * Red, watery, glassy and/or bloodshot eyes * Slurred speech * Fumbling with wallet trying to get license * Failure to comprehend the officer's questions * Combative, argumentative, jovial or other "inappropriate" attitude * 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 The police encounter You are not required to answer potentially incriminating questions. Politely refuse to answer any questions regarding the investigation without an attorney present. Let the officer know that you are aware Field Sobriety Tests (FSTs) are completely voluntary. Do not agree to perform any of theses tests. If you perform them, you may be arrested anyway. This is not an objective test and the officer will use the results against you in court. Politely refuse to do the field sobriety exercises. Although officers use a wide range of FSTs, there are only three 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 - The HGN test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical term for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This test is not accepted by the medical community however, it continues to be widely used by law enforcement. Pre-Arrest - Preliminary Alcohol Screening - If you are older than 21, refuse to take a pre-arrest preliminary alcohol screening test. This is a portable on scene breath analyzer. This test is completely voluntary and you have the absolute right to refuse this type of breath test. Ask to go to the station for the real breath test. Under the implied consent laws you have a legal obligation to take a chemical test this is a breath or blood test and you have a choice. If you choose breath, many jurisdictions permit you to have a second test of blood; this is because a breath sample is not saved and so cannot later be re-analyzed by your defense lawyer. A blood sample will be taken if requested after a breath test is given. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. I f you are confident that you are sober, a blood sample is the wise choice; Breath being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit. Do not refuse the chemical test. The consequences of refusing to submit to a blood or breath test are severe: They include license suspension, jail time, and the fact of refusal may be introduced into evidence as "consciousness of guilt". Some police officers record or video tape the arrest, testing and/or booking process. Always be on your best behavior. Be polite and respectful to the police officers this will go along way in your defense and your release from custody. After a DUI arrest, the DMV must be contacted within 10 days to stop the suspension of your license from going into effect. You must request a hearing. It is imperative that once arrested for a DUI, you hire an experienced DUI lawyer. CALL US: 1-877-872-9666 CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VEHICLE CODE SECTION 23152) FIRST OFFENSE within 10 Years 96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension. Attendance at a 3 month, 6 month or 9 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted license may be available. Probation of up to 5 Years. SEPARATE DMV PENALTIES: .08 or greater 4 month suspension Refusal: 1 year suspension SECOND OFFENSE within 10 years 90 days to 1 year in jail, $390 to $1000 fine, and a 2 year license suspension. A fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension. Probation of up to 5 years . SEPARATE DMV PENALTIES: .08 or greater 1 year suspension Refusal: 2 year revocation THIRD OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation and an 18-month or 30 month alcohol/drug program if you have not completed one before. Probation of up to 5 years . SEPARATE DMV PENALTIES: .08 or greater 3 year revocation Refusal: 3 year revocation FOURTH or Subsequent offense within 10 years 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation and an 18-month or 30 month alcohol/drug program if you have not completed one before. Probation of up to 5 years or parole of up to 3 years. SEPARATE DMV PENALTIES: .08 or greater 4 year revocation Refusal: 4 year revocation DEFENSES TO THE DUI ALLEGATION There are many potential defenses to a DUI charge given the complexities of the alleged offense...
3. Netzah & Jankielewicz: DRIVING UNDER THE INFLUENCE (DUI): Below you will find important information concerning your alleged DUI. However, before we get to the legal battle, it is crucial for you to understand the following: there are many attorneys that will defend you on your DUI charge. Some attorneys will charge you as little as $699.00 (ÒMcdonald AttorneysÓ), others will charge you as much as $20,000.00, what is the difference? Before explaining the difference, what you need to understand is that running a law-firm, is a business, just like any other business. An attorney that charges you a small fee will be highly motivated to settle your case within 1 to 2 appearances. If that attorney has to appear more than twice on your particular case, he will be losing money and therefore will do everything in his power to settle your case within 1 to 2 appearances. An average prosecutor in Los Angeles County carries a personal case load in the hundreds of cases per month. This means that to simply survive, every prosecutor must settle somewhere around 95% of his case load, simply due to the fact that there are not enough hours in the day to take each and every case to trial. This is not a secret, the prosecutorsÕ office knows this, us defense attorneys know this, and now you know this. Fair or not, this is our legal system and this is the system that is preparing to prosecute you. The secret to obtaining the best results in such an overworked legal system is to be the squeaky wheel, and make the prosecutor work for the conviction. Any attorney you hire will appear for you during your initial arraignment date. The problem is that the attorney who was only paid $699.00 will immediately begin to negotiate with the prosecutor about a plea bargain pertaining to your specific DUI. An experienced prosecutor, who literally prosecutes hundreds of these DUI cases per month, will immediately recognize the fact that your $699.00 attorney is desperate to settle your case and will take advantage of this by only offerring said attorney a Òbad deal.Ó Like it or not, within two to four weeks from your arraignment, your $699.00 attorney will call you with the Òbest offerÓ he was able to obtain for you. Take it or leave it!!! On the other hand, attorneys at Netzah & Jankielewicz are trained to fight DUI cases under the motto that ÒTHE MORE WORK WE THROW AT THE PROSECUTOR, THE MORE LIKELY WE ARE TO GET A BETTER DEAL FOR THE CLIENT.Ó This means that we do not settle DUI cases in one to two appearances, we do not simply lay down and allow the prosecution to steam roll you. Instead, we send a clear message to the prosecution that we are here to stay until such time as we obtain the best possible results for our clients. This includes the subpoenaing of the arresting officer both the trial and the DMV hearing, the examination of the breathalyzer logs relative to the breathalyzer you blew into during your arrest, a retesting of your blood and/or urine sample by our own independent laboratory and other various proverbial tricks that we maintain in our legal bag. While we are not the cheapest game in town, we are far from being the most expensive. Our prices are competitive, fair and most importantly: provide us with a sufficient income stream that we do not need to dedicate a set number of hours to each case, so that we are not losing money. Some cases settle in 3 appearances, other settle in 10 appearances. What ever it takes, however much time we have to spend to better your situation, rest assured that we will use every available tool in our legal bag to represent your interests in the most aggressive manner available under the law. THE BOTTOM LINE IS THIS: A PROSECUTOR WHO DEALS WITH A NETZAH & JANKIELEWICZ ATTORNEY KNOWS THAT HE IS IN FOR A FIGHT AND THAT WE WILL NOT SIMPLY ROLL OVER AT THE FIRST SIGN OF TROUBLE. IN THOSE CASES THAT WE DO ÒGO DOWN,Ó WE DO SO WHILE FIGHTING UNTIL THE VERY LAST SECOND. So you have been arrested for DUI, here is what you need to know. First, take a deep breath and try to relax. We know that being arrested for a DUI is a scary and sometimes earth shattering experience. Rest assured that at Netzah & Jankielewicz we will employ all of our available resources to defend you in the most aggressive and affective manner possible under the law. Below is a checklist of important facts that you need to know about the criminal prosecution currently being conducted against you: 1. DMV 10 DAY RULE: You have exactly ten days from the date of your arrest to setup your DMV hearing. If you miss this deadline, your suspension with the DMV will be automatic. If you are already past the 10 days, yet have failed to setup the DMV hearing, contact us immediately, there is still hope to setup your DMV hearing and avoid the automatic suspension. 2. Technically speaking, you are facing a battle on two separate fronts the first is the court case for which you are being prosecuted and the second is the DMV hearing concerning the possible suspension of your license. You must understand that the two are completely separate processes that truly have nothing to do with one another. You could win one and lose the other, win both or lose both. Barring a procedural ÒfumbleÓ on the side of the prosecution, your chances of winning the DMV hearing outright are minimal. The reasons for the low probability of winning the DMV hearing outright are twofold: a. Unlike the court case, which is considered a criminal proceeding and therefore operates under the standard of proof of ÒBeyond a Reasonable Doubt,Ó the DMV hearing is only an administrative hearing that operates under the much lower standard of ÒPreponderance of the Evidence.Ó In simple terms, the differences can be explained as follows: to successfully prosecute your court case, the District/City Attorney prosecuting you must prove your guilt beyond a reasonable doubt. This standard of proof is extremely demanding and therefore is much more susceptible to attack by the defense (i.e. you). On the other hand, the standard of proof used by the DMV, being preponderance of the evidence only requires a showing of ÒMore Likely Than Not,Ó for a successful prosecution. This standard of proof does not lend itself as readily to attack by the defendant (i.e. you). b. The hearing officer at the DMV is the person charged with deciding your fate with the DMV. This same person is also charged with prosecuting you during your DMV hearing. As such, the DMV hearing officer if literally judge, jury and executioner, all rolled into one person. Fair or not, and clearly this system is unfair, this is the only system that we have here in California. 3. The Consequences of a Refusal: During your arrest, the arresting officer should have informed you of the need to provide a chemical, urine or blood sample relative to your blood alcohol level. Under California Law, once you are arrested for a DUI, the law requires you to submit to a blood, breath or urine test to determine if you are under the influence of alcohol. This law is commonly referred to as the "implied consent" law, and is embodied in California Vehicle Code Section 23612: ÒA person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153 (DUI offenses).Ó California's implied consent law only applies to the breathalyzer test given at the police station or the blood test at the hospital after a DUI arrest. The requirement to submit to a chemical test does not apply to the handheld PAS machine. (The PAS machine is the handheld portable breathalyzer that the arresting officer usually asks the arrestee to blow into prior to the arrest). If you are over 21 years old, your submission to the portable breathalyzer is entirely voluntary. Unless you are 100% positive that you will blow under the legal limit of 0.08%, we recommend that you refuse the PAS breathalyzer and instead submit to either a chemical test at the police station or a blood test at the hospital (for a detailed explanation as to the reasons behind this recommendation, contact us directly for a free consultation). A person who is lawfully arrested for DUI yet refuses a chemical test will not only be charged with DUI, but also with a "refusal enhancement". The refusal enhancement can increase the DUI penalties in the following ways: First DUI Offense: 1 year suspension of your driverÕs license & 2 days jail. Second DUI Offense: 2 year suspension of your driverÕs license & 4 days jail. Third DUI Offense: 3 year suspension of your driverÕs license & 10 days jail. The court imposes the jail time and the DMV imposes the driverÕs license suspensions. These penalties are imposed in addition to the standard punishment for DUI, such as probation, fines, alcohol programs, AA meetings and possibly further jail time. Can I Fight The Refusal Charge in My DUI Case? Absolutely. For the refusal charge to stick, it must be proven at the DMV hearing and the DUI prosecutor must prove it beyond a reasonable doubt in court. A DUI defense lawyer can fight the refusal charge at both of these places. Some of the defenses that may be asserted include: The driver was not lawfully arrested for DUI: If the DUI officer lacked a sufficient basis to pull you over, or later to arrest you, then the DUI and the refusal enhancement will be dismissed. The driver was not under the influence: If a court or jury acquits you of the underlying DUI charge, then the refusal enhancement ceases to exist as far as the court is concerned. The DMV, however, may still seek to suspend your drivers license. The DUI officer failed to advise the driver properly of the consequences of refusing: The DUI police officer must give you a very specific set of warnings as to what will happen if you refuse to take the chemical test. (See Jury Instruction on Refusal) If he fails to give you this warning properly, the refusal cannot be held against you by the court or the DMV. The DUI officer himself caused confusion about the BAC test requirement: The DUI officer must give the warning in a manner comprehensible to the driver. If the officer's conduct or explanation of the law cause the DUI suspect to be confused as to the requirement to take the BAC test, this may negate the refusal penalty. Can the DUI Prosecutor Elect to Drop the Refusal Enhancement? Yes. As part of plea negotiations, the prosecutor will often dismiss or "strike" the refusal enhancement. Many prosecutors hate to go to trial on refusal DUI cases because they don't have a BAC test result to use against the defendant. So they are often willing to settle the cases on more favorable terms, depending on the state of the other the evidence. What If I Initially Refused, But Later Agreed to Take the Test? Suppose you initially refuse to take the blood or breath test. But a few minutes later you change your mind and tell the officer "OK, I agree to take it." Unfortunately, under California DUI law, it still counts as a refusal. As the law puts it, "One offer plus one rejection equals one refusal."
4. Michaels, Brian: to the working professional, conviction of a Driving Under the Influence charge can wreak havoc on one's personal and professional life
5. Striklin, Donald: Do I Need a Lawyer? If you have to ask that question, you certainly need to speak to an attorney. One of the reasons for consulting with an attorney is to find out whether you actually need representation or not. That can be decided only with the aid of experienced counsel, and only after he or she is familiar with all the facts of your case.
6. Angela Berry-Jacoby: Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.Ê Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license. DUI/Driving Under the Influence: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured or killed as a result of the drunken driving accident, it is possible the defendant will be charged with a felony or even murder if you have been convicted of a prior DUI. Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
7. Mark Daniel Melnick: DUI Defense DMV Hearings After a DUI arrest there are actually two seperate cases, a DMV case and a court case. A DUI can result in suspension of drivers license, increased insurance costs, loss of employment and, ocassionally, jail time. The Law Offices Of Mark Daniel Melnick will deal with both the DMV and the courts to assure that all rights are protected and the priviledge to drive is not summarily suspended.
8. James Blatt: Driving While Intoxicated: (1) The offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough alcohol to raise oneÕs blood alcohol content above the statutory limit (.08% in many states), or after consuming drugs. (2) Driving under the influence. In California driving with a BAC (blood alcohol content) of 0.08% or higher is illegal. If you are stopped by a police officer you can be arrested for DUI (driving under the influence). First, the officer will need to determine whether or not you are under the influence by performing one or more of several field sobriety tests. The tests can range from a walk and turn test to a more extensive test such as a blood, breath or urine test. Refusal to perform any of these tests when asked by the officer will most likely result in your immediate arrest and being booked in a county jail for DUI. A DUI charge and conviction can have dramatic affects on your future. An attorney experienced in defending people charged with driving under the influence will be able to help keep you out of jail. A DUI offense is considered a misdemeanor charge and can result in jail time, license suspension, and points on your driving record, fines, counseling and probation.
9. Amir Soleimanian: When deciding whether to fight your traffic ticket, you need to think about the consequences of simply giving up and paying your ticket. Will this ticket increase your chances of loosing your license? Will your insurance rates increase? As most people know, insurance companies increase your insurance rates based on your driving record. Since tickets can remain on your driving record for a long period of time, multiple traffic tickets can lead to substantial rate hikes in your insurance premiums.
10. Nick Hedding: California law separates DUI and Felony DUI. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer. If you have missed this 10-day deadline, there are still things that we can do to remove or minimize your license suspension. The key is to contact us immediately.
11. Gerald Fogelman: If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
12. Gurovich & Associates:

    
    The concentration of alcohol in oneÕs bloodstream, expressed as a percentage. Blood alcohol content is used to determine whether a person is legally intoxicated, especially under a driving-while-intoxicated law.

    If You Drive In California:

    1. It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
    2. California has enhanced penalties for convicted offenders with BAC level of .20 or above.
    3. Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
    4. If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended one year.
13. Hedding Law Firm: Will I go to jail for a DUI? The answer is maybe. Almost all first-time DUI offenders do not serve any time in jail. Individuals with more than one DUI offense are more likely to serve jail time depending on the circumstances of their case. However, if you have caused an accident, or the serious injury or death of another person because you were driving under the influence, you can be tried for vehicular manslaughter or second degree murder. In those situations, your chances of serving time in jail increases drastically.Ê Will I loose my driverÕs license if I got a DUI? Maybe. When an individual is arrested and charged with a DUI, he/she has 10 days to schedule a DMV hearing. The hearing will determine whether or not the driver will get to keep his/her driving privileges. Failure to schedule a DMV hearing will result in immediate suspension of your driverÕs license for at least four months starting 30 days after your arrest. Even if the DMV hearing permits the driver to keep his/her driving privileges, he/she can still lose them if found guilty during the criminal trial. When a law enforcement officer pulls me over on suspicion of a DUI, what are some typical signs of intoxication that he/she looks for? Typical signs of intoxication include slurred speech, loud or offensive behavior, glazed or bloodshot eyes, open containers of alcohol in the car, alcohol on the breath, disheveled clothing, flushed appearance, failure to follow directions or comprehend questions, and fumbling, stumbling, swaying, or staggering. There are common actions indicative ofÊ intoxication that a officer looks for before pulling an individual over for drunk driving such as wide turns, swerving, weaving, driving in two lanes, rapid acceleration or driving unusually slow, abrupt movements, drifting, braking erratically, failure to follow traffic signs and signals, following another car too closely, etc. Do I have to submit to a field sobriety test or a breathalyzer test? If an officer asks you to perform a field sobriety test, you are not required to take it and can politely decline. On the other hand, refusing to take a chemical test can result in immediate consequences such as a one year suspension of your driverÕs license and an increase in monetary fines and other penalties. Furthermore, your refusal can and most likely will be used as evidence against you in court. Under CaliforniaÕs Implied Consent Law, all drivers must submit to a chemical test if the officer suspects you are under the influence of drugs or alcohol. You can however request a blood test as opposed to breathalyzer test and vice versa. California law separates DUIs and Felony DUIs. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer.
14. James Barnes: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
15. Scott Spindel: You must understand the state of California follows the implied consent law. This means that if you have been arrested for driving under the influence you must submit to a chemical test, blood or breath and in some cases urine (only if blood or breath are unavailable) to determine the alcohol content of your blood. If you fail to complete or refuse to take a chemical test your license will be suspended for one year. However, you are entitled to a hearing with the Department of Motor Vehicles, which also must be requested within 10 days of your arrest.
16. Auletta & Associates: A drunk driving arrest requires immediate attention.
17. Galliard, Jones & Resnick: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
18. Letz, Milliken & Chesham: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.