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Eureka DUI Lawyers

1. Sanders, Neal: California DUI FAQ 1. I got a ticket for Driving Under the Influence of Alcohol and/or Drugs (DUI) and I had been drinking and/or using marijuana or other drugs. Should I just plead guilty and pay a fine? No. You do not have the option of simply paying a fine. Driving Under the Influence (DUI) is more complex than any other traffic ticket. DUI charges are not simply infractions where nothing more than a fine can be imposed. You are charged with either misdemeanor DUI or felony DUI, which means that jail (misdemeanor) or prison (felony) can be imposed. You must appear before a Judge in a California Superior Court. There will likely be several court appearances, and you are entitled to a jury trial. It would be unwise to plead guilty without consulting an attorney. If you cannot afford an attorney, you should plead NOT guilty at your first court appearance and ask the judge to appoint the public defender for you. 2. I was arrested for DUI while I was on vacation or traveling on business. Can I transfer my case to the county or state where I live? No. Your case must be heard in the court serving the county where you were driving when you received the DUI. However, depending on the circumstances of your case, your attorney can usually make all or most of the court appearances for you, including the first court appearance, as long as you are not charged with any felonies. If you cannot afford an attorney, you must be in court on the first court date. You can request the Court to appoint the public defender to represent you at that time. If you do not appear in court, a warrant will be issued for your arrest. 3. I was convicted of DUI a few years ago. How will that affect me if I get another DUI? What if my old DUI was in another state? Any DUI that occurred within 10 years of your current arrest counts as a prior DUI in the State of California. Most states are linked by computer and if you received a DUI in a different state within 10 years that will count as a prior offense also. If you previously received a reduced charge of Reckless Driving With Alcohol (commonly referred to as a .wet reckless.) within 10 years, that conviction will count against you exactly the same as a prior DUI. Having a prior conviction within 10 years of a new DUI will dramatically increase your potential sentence. 4. I was in an accident and now I.m being charged with DUI. I was taken to the hospital, but I did not consent to the blood test. Can the test results still be used against me? Generally, yes, unless the method of taking the sample is so shocking that a court decides to exclude it. Also there may be issues depending on the qualifications of the person administering the test, whether there is proof that you drove, whether there was drinking after the accident, et cetera. 5. Can I be arrested for DUI if the only drugs I used were prescription drugs? Yes. If you appear to be under the influence of any substance, you can be arrested for Driving Under the Influence (DUI). This is true even if the drug is legally prescribed. 6. Am I required to take field sobriety tests if I am stopped by a police officer for DUI? No. You are not required to participate in field sobriety tests where a police officer asks you to perform various tasks, such as walking a straight line or reciting the ABC.s. These tests are used to help the officer determine whether there is a basis for a DUI arrest. If you do not participate in the field sobriety testing, then the officer will have to determine by other means whether or not he or she has sufficient evidence to arrest you for DUI. Also, any mistake on your part during the field sobriety test will be recorded by the officer in his report and will be used against you later in court. It is almost never to your advantage to take field sobriety tests. NOTE: If you refuse to submit to a chemical test of your blood, breath or urine when an officer suspects you of DUI, then your drivers license can be suspended for a year or more. Chemical tests, such as the breath test, can be given at the scene of the stop, at the police station, at the jail or at a medical facility. Because of the repercussions involving loss of your driving privilege it is almost always best to give the requested sample for testing. 7. If I plead guilty to a misdemeanor DUI what would be my sentence? The Superior Court Judge decides what sentence is appropriate in any criminal case, but because of the number of misdemeanor DUI cases that go through the system many counties have standard sentencing guidelines. These guidelines are followed in most cases, but can be changed if there is something unusual about a particular case. In Humboldt County, for example, if you plead guilty to a misdemeanor DUI in 2007 and there was no high blood alcohol claim, and no claim that you refused to take a chemical test, the standard sentence would be: Imposition of the maximum sentence suspended, with three years of informal probation. The terms of probation would include: Fines and assessments of approximately $2,500 Required attendance and completion of a First Offender DUI Program approved by DMV No driving with any amount of alcohol in your system A requirement that you submit to chemical testing of your blood, breath or urine whenever requested by a law enforcement officer A prohibition from driving without a valid license and insurance You must obey all laws (have no further violations of the law) 8. What happens if I violate a term of my DUI probation? Before you can be sentenced for violating probation, the Court must find that you in fact violated your probation. You are entitled to a hearing to determine whether you, in fact, violated probation, and you are entitled to an attorney to represent you at the hearing. If you cannot afford to have your own attorney, the court would appoint the public defender to represent you. You should not admit violating probation unless and until you have talked to an attorney. The Courts generally have a guideline sentence for violating probation which varies from county to county. Also, as with any sentencing, the court has the ability to deviate from the guideline sentence at its discretion. In Humboldt County the guideline sentence for a first violation of misdemeanor DUI probation is 30 days in the county jail. 9. If I am sentenced to serve time in the county jail, do I have to actually serve that in jail? Not always. Some counties have alternatives to jail that may allow you to avoid serving your time in jail. These alternatives can be discussed with your attorney before sentencing. Currently (2007) in Humboldt County, for example, a sentence of 180 days or less in the county jail can be "served" by enrolling in the Sheriff's Work Alternative Program (SWAP). SWAP allows you to do your jail sentence by working for the community, generally under the supervision of the sheriff. You must qualify for the program and must be able to do the physical labor involved. Other programs may also be available depending on your individual circumstances and the county where the offense occurred.
2. Janssen Molloy: Driving Under the Influence (DUI) If you are arrested for driving under the influence, it is important that you contact a local attorney immediately. You must request a hearing with the California DMV within ten (10) days or you will lose your right to contest the suspension of your license. If your DUI arrest occurs in Humboldt County, the hearing will take place at the local Eureka DMV office. Issues that the DMV will decide are the following: (1) Did the officer have a justifiable reason to stop you; (2) Did the officer have probable cause to arrest you; and (3) Was your blood alcohol level .08% or above at the time you were driving. In order to defend you at the DMV hearing, we will employ expert toxicologists that can evaluate your blood alcohol level at the time you were driving as opposed to the time when the officer administered a breath or blood test. The DMV hearing officer will apply civil evidence rules at the hearing and it is important that your attorney knows what evidence is permissible and how to present that evidence. Misdemeanor Cases Misdemeanors include Driving Under the Influence, Domestic Violence, Petty Theft, Assault, Battery, and Possession of Controlled Substance cases. Most misdemeanor cases involve the potential of a fine, a jail sentence of up to six months or one year, and probation. Although prison is not a possibility in a misdemeanor case, the collateral consequences of a misdemeanor conviction can include lengthy educational classes, lifelong registration requirements, loss of firearm rights, and the requirement that you disclose the conviction on employment applications. As Humboldt County Criminal Defense Attorneys, we can help you evaluate your options and assist you in protecting your rights and your future. Janssen Malloy LLP takes misdemeanor cases seriously, and will provide you with a vigorous defense that takes into consideration the potential effects of a conviction. Felony Cases Felony cases include, among other crimes, Driving Under the Influence with Injury, Domestic Violence, Burglary and Marijuana Cultivation cases. If you are accused of committing a felony, you are facing a potential prison sentence or worse. It is important that you hire an experienced felony criminal defense trial attorney who is familiar with the intricacies of felony sentencing law. Expungements Upon successful completion of probation or at such other time as the court deems just, you can move to have your record expunged. This is an important step in clearing your name and moving forward with your life after a criminal conviction. Warning Although Humboldt County is fortunate to have many skilled criminal defense attorneys, please be careful if you are considering hiring a lawyer simply based upon a listing in the local phone book. Many advertisements in the our local phonebooks belong to clearinghouse firms that simply hire random attorneys by contract to show up to court and oftentimes charge you thousands of dollars just to enter a guilty plea on your behalf. Hiring a criminal defense attorney may be one of the most important decisions you make. Call the firm you are considering and ask the location of the person answering the telephone. Learn the name of the attorney that will be representing you and research that attorney's qualifications and credentials. Look to neutral websites such as AVVO.com, which rate lawyers based on objective criteria.
3. Kay, Will: Am I required to appear in court in all criminal proceedings? It depends on whether your have been charged with a misdemeanor or a felony. Misdemeanor cases in Humboldt County do not require that you to appear in court if you are represented by private legal counsel. However, generally you must attend all court proceedings in felony cases, unless you have entered into a waiver of your personal appearance and have the court's permission to be absent from certain proceedings.
4. Sanders, Neal: 1. I got a ticket for Driving Under the Influence of Alcohol and/or Drugs (DUI) and I had been drinking and/or using marijuana or other drugs. Should I just plead guilty and pay a fine? No. You do not have the option of simply paying a fine. Driving Under the Influence (DUI) is more complex than any other traffic ticket. DUI charges are not simply infractions where nothing more than a fine can be imposed. You are charged with either misdemeanor DUI or felony DUI, which means that jail (misdemeanor) or prison (felony) can be imposed. You must appear before a Judge in a California Superior Court. There will likely be several court appearances, and you are entitled to a jury trial. It would be unwise to plead guilty without consulting an attorney. If you cannot afford an attorney, you should plead NOT guilty at your first court appearance and ask the judge to appoint the public defender for you. 2. I was arrested for DUI while I was on vacation or traveling on business. Can I transfer my case to the county or state where I live? No. Your case must be heard in the court serving the county where you were driving when you received the DUI. However, depending on the circumstances of your case, your attorney can usually make all or most of the court appearances for you, including the first court appearance, as long as you are not charged with any felonies. If you cannot afford an attorney, you must be in court on the first court date. You can request the Court to appoint the public defender to represent you at that time. If you do not appear in court, a warrant will be issued for your arrest. 3. I was convicted of DUI a few years ago. How will that affect me if I get another DUI? What if my old DUI was in another state? Any DUI that occurred within 10 years of your current arrest counts as a prior DUI in the State of California. Most states are linked by computer and if you received a DUI in a different state within 10 years that will count as a prior offense also. If you previously received a reduced charge of Reckless Driving With Alcohol (commonly referred to as a .wet reckless.) within 10 years, that conviction will count against you exactly the same as a prior DUI. Having a prior conviction within 10 years of a new DUI will dramatically increase your potential sentence. 4. I was in an accident and now I.m being charged with DUI. I was taken to the hospital, but I did not consent to the blood test. Can the test results still be used against me? Generally, yes, unless the method of taking the sample is so shocking that a court decides to exclude it. Also there may be issues depending on the qualifications of the person administering the test, whether there is proof that you drove, whether there was drinking after the accident, et cetera. 5. Can I be arrested for DUI if the only drugs I used were prescription drugs? Yes. If you appear to be under the influence of any substance, you can be arrested for Driving Under the Influence (DUI). This is true even if the drug is legally prescribed. 6. Am I required to take field sobriety tests if I am stopped by a police officer for DUI? No. You are not required to participate in field sobriety tests where a police officer asks you to perform various tasks, such as walking a straight line or reciting the ABC.s. These tests are used to help the officer determine whether there is a basis for a DUI arrest. If you do not participate in the field sobriety testing, then the officer will have to determine by other means whether or not he or she has sufficient evidence to arrest you for DUI. Also, any mistake on your part during the field sobriety test will be recorded by the officer in his report and will be used against you later in court. It is almost never to your advantage to take field sobriety tests. NOTE: If you refuse to submit to a chemical test of your blood, breath or urine when an officer suspects you of DUI, then your drivers license can be suspended for a year or more. Chemical tests, such as the breath test, can be given at the scene of the stop, at the police station, at the jail or at a medical facility. Because of the repercussions involving loss of your driving privilege it is almost always best to give the requested sample for testing. 7. If I plead guilty to a misdemeanor DUI what would be my sentence? The Superior Court Judge decides what sentence is appropriate in any criminal case, but because of the number of misdemeanor DUI cases that go through the system many counties have standard sentencing guidelines. These guidelines are followed in most cases, but can be changed if there is something unusual about a particular case. In Humboldt County, for example, if you plead guilty to a misdemeanor DUI in 2007 and there was no high blood alcohol claim, and no claim that you refused to take a chemical test, the standard sentence would be: Imposition of the maximum sentence suspended, with three years of informal probation. The terms of probation would include: * Fines and assessments of approximately $2,500 * Required attendance and completion of a First Offender DUI Program approved by DMV * No driving with any amount of alcohol in your system * A requirement that you submit to chemical testing of your blood, breath or urine whenever requested by a law enforcement officer * A prohibition from driving without a valid license and insurance * You must obey all laws (have no further violations of the law) 8. What happens if I violate a term of my DUI probation? Before you can be sentenced for violating probation, the Court must find that you in fact violated your probation. You are entitled to a hearing to determine whether you, in fact, violated probation, and you are entitled to an attorney to represent you at the hearing. If you cannot afford to have your own attorney, the court would appoint the public defender to represent you. You should not admit violating probation unless and until you have talked to an attorney. The Courts generally have a guideline sentence for violating probation which varies from county to county. Also, as with any sentencing, the court has the ability to deviate from the guideline sentence at its discretion. In Humboldt County the guideline sentence for a first violation of misdemeanor DUI probation is 30 days in the county jail. 9. If I am sentenced to serve time in the county jail, do I have to actually serve that in jail? Not always. Some counties have alternatives to jail that may allow you to avoid serving your time in jail. These alternatives can be discussed with your attorney before sentencing. Currently (2007) in Humboldt County, for example, a sentence of 180 days or less in the county jail can be "served" by enrolling in the Sheriff's Work Alternative Program (SWAP). SWAP allows you to do your jail sentence by working for the community, generally under the supervision of the sheriff. You must qualify for the program and must be able to do the physical labor involved. Other programs may also be available depending on your individual circumstances and the county where the offense occurred.
5. Manny Daskal: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive. Consult an Experienced DUI Attorney YouÕve been arrested. You need the best professional for the job. To do that look at the following: * Does the lawyer belong to the 2 premiere DUI groups. California DUI lawyers association National College for the Defense of DUIs * Does the lawyer have specialized training in toxicology field sobriety examination, drug recognition and dui drug defense * Will your lawyer personally handle your case both with the DMV and court What you can do for your Case * Contact the DMV within 10 days of your encounter with the police or your license will be suspended with a loss of driving rights Ð even if you have an out-of-state license. * Consult with an experienced DUI attorney. Remember it is rarely in your best interest to talk to the district attorney or the police directly even though you think it might be helpful. * Write down a detailed account of all that occurred from the moment of your stop until you were booked into jail. You may forget useful information. * Write down the events of the day including meals, activities, time you started and stopped drinking and what you drank. * Write a brief medical history including any medications you are taking.
6. Prendergast Law Office: If you have been accused of DUI, whether a misdemeanor or felony, the decisions you make about your case can literally change your life. Whether it's a trial or a plea bargain, it is your life and liberty that are at stake.