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Fountain Valley DUI Lawyers

1. Holder, Kenneth: Driving Under the Influence (DUI) In every state, it is a crime for a driver to operate a motor vehicle (car, truck, motorcycle, commercial vehicle, and even a boat) while impaired by the effects of alcohol or drugs. Key areas that law enforcement officers focus on are whether: ¥ The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or ¥ The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). Field Sobriety and Chemical Tests When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to submit to some form of chemical test for intoxication. Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having the driver recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test. Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of a DUI to choose which type of chemical test is administered. Refusing a Chemical Test: "Implied Consent" Laws All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of a DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are harsher than those imposed after a DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI. What Must be Proved to Convict You? In California, in order to punish you for driving under the influence of alcohol or any drug, a prosecutor must prove at minimum: 1. You were driving a vehicle; and 2. While driving, you were under the influence of an alcoholic beverage, or any drug, or under the combined influence of alcohol and any drug. However, proving additional facts can lead to enhancing your punishment, and/or lead to the filing of a felony charge instead of a misdemeanor. Among these other factors: ¥ Your level of toxicity - Although it provides only an estimate, you can understand roughly how your body may react to the influence of alcohol by visiting the "Drink Wheel". Note however, that due to the uniqueness of our bodies, there are additional factors that can increase or decrease the result of your alcohol toxicity/BAC (blood alcohol content). ¥ Your involvement in an accident while driving under the influence. ¥ Injuries caused to third parties resulting from an accident while you were driving under the influence. ¥ Prior/multiple DUIÕs you have had within 10 years of the current charge. Administrative DMV Hearings: In addition to the criminal proceeding against you, you will be subjected to a suspension of your license by the Department of Motor Vehicles. This is an administrative action that is civil in nature, but is still an action that you should have your attorney undertake and represent you because of the length of your license suspension put at risk. The length of the suspension depends upon several factors if it is determined by DMV that you drove under the influence. The first factor is whether you tested over the legal limit or refused to submit to the test. The second factor is the number of prior DUI convictions you have had. The DMV Hearings are separate actions from the criminal court action against you and is, therefore handled in a different manner from the criminal representation. Many attorneys do not take these hearings as seriously as the criminal proceedings and often do not conduct a thorough and comprehensive investigation prior to the conduct of the hearing. In addition, many attorneys treat the DMV Hearings as a minor proceeding, and simply conduct them over the telephone, which our office considers to be a disservice to our clients.
2. Cook, Errol: The Law Driving Under the Influence (DUI) is a serious crime. It can result in jail time, probation, fines, license suspension, and DUI school. Sentences can also be enhanced if you are a minor, if someone is injured (which can be charged as a felony resulting in prison time), if you had prior DUI convictions, if you refused to take a chemical test, if you had a minor under the age of 14 in the car or if you had a BAC of 0.20% or higher. If you are convicted of a DUI it will appear on your criminal record causing you to lose your job, negatively impact on educational opportunities, lose custody of your child in a divorce action, and/or make it more difficult to rent an apartment. And, as if this wasn't enough, a DUI can also result in significantly higher automobile insurance premiums. The most common violations of the Vehicle Code that involve DUI are: Driving with a blood alcohol concentration (BAC) of 0.08% or higher. This (along with driving under the influence below) is the most common charge that is brought in DUI offenses. This is a "per se" offense, which means that if your BAC is 0.08% or higher, it does not matter if you were actually influenced by the alcohol you consumed. It is governed by Vehicle Code ¤23152 (b). Driving while impaired by the influence of alcohol or drugs. This is a catch-all provision that is in addition to the 0.08 test above. It can cover situations where the District Attorney can prove that you were driving under the influence even though your BAC was lower than 0.08%. .Drugs. includes lawful medications that impair your driving. It is governed by Vehicle Code ¤23152 (a). Driving a commercial vehicle with a BAC of 0.04% or higher. (Vehicle Code ¤23152(d)) Driving with a BAC of 0.05% or higher if you are under the age of 21. (Vehicle Code ¤23140) Driving while addicted to any drug and not participating in any lawfully approved narcotics treatment program. (Vehicle Code $23152(c))
3. Bridgman, Bruce: Courts are crowded with people charged with drunk driving and related crimes. It is not illegal to drink and drive. It is illegal to drive while "impaired" because of alcohol and/or drugs or to drive with a blood-alcohol level of 0.08 or higher. DRUNK DRIVING Many people spend large sums of money on attorneys to defend them for drunk driving. In most cases this is money that is wasted. With few exceptions, these cases are settled through negotiation with the prosecutor. Rather than throwing away your money needlessly for a defense that never occurs, it is usually better to emphasize reducing the charge and/or sentence. Although there are a few cases where a trial makes sense, avoid a lawyer who charges a large fee only to plea bargain your case. You should consult an attorney for individual advice regarding your own situation.