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Fullerton DUI Lawyers

  1. Bloom, Stephen: California Vehicle Code Section 23152 (a) makes it illegal to operate a motor vehicle while under the influence. If you notice, there is no requirement of being over a certain blood alcohol level to found guilty of this section. That means, that even if your BAC comes back under .08%, the District Attorney still can, and often times does, charge you with a DUI if the police officer reports that you failed the Field Sobriety Tests. This section is also applied to drugs and can result in you being charged with DUI while under the influence of marijuana, prescription drugs, or illegal substances. California Vehicle Code Section 23152(b) makes it illegal to drive with a .08% or more Blood Alcohol Content (BAC). There is no requirement of proving you were impaired to be charged and convicted of VC 23152(b), the fact that you have a BAC of .08 or higher within three hours of driving is enough evidence in and of itself. Any person who is pulled over for an alcohol related DUI in California is usually charged with both VC 23152(a) and VC 23152(b), but only one punishment may be imposed. The punishment for violating either section is the same. DUI is a serious criminal offense that may result in the enforcement of very harsh penalties, especially in Orange County, CA. Some defendants walk into court without representation, thinking it is no big deal and that they will just talk to the judge. Most of them leave with a completely different, and more educated, opinion.
  2. Miller, David: Child Custody Child Support Conservatorships Criminal Law Divorce Domestic Violence Driving While Intoxicated Drug Crimes Family Law Felonies General Practice Guardianship Juvenile Law Misdeneanors Parole and Probation Premarital Agreements Probate Spousal Support Visitation Rights
  3. Fullerton Criminal Defense Lawyer: Getting a DUI in Fullerton can have consequences that go well beyond your criminal record and can actually affect you for the rest of your life. You should NEVER plead guilty to a DUI charge without the advice of a lawyer first. Section 23152 (a) of the California Vehicle Code defines when it is illegal to operate a vehicle while under the influence. Many people think that your BAC must be over .08% to be charged with a DUI, however that is not the case. The California Vehicle Code has no numerical requirement of BAC and an officer can arrest you for DUI regardless of your BAC if you fail the Field Sobriety Tests. The same failure can result in you being charged with a DUI while under the influence of prescription drugs, marijuana, or illegal substances. California Vehicle Code Section 23152(b) is where BAC measurement comes into play. This section of the code specifically makes it illegal to drive with a BAC of .08% or more. Simply having a BAC of .08% or higher within three hours of driving can get you arrested and charged with a DUI, even if you passed all the Field Sobriety Tests. DUI is incredibly serious and can result in steep fines, jail time, and loss of employment. Some people try to go to court without a lawyer thinking a DUI is commonplace and they can work something out with the judge. Well, sadly these people often leave in handcuffs and with a very different experience from what they expected.
  4. Fullerton DUI Lawyer: Once alcohol enters the bloodstream it leaves the body in two ways. About ten percent leaves through the breath, perspiration, and urine. The rest is broken down through metabolism. Regardless of weight, height, sex, or race, the rate at which alcohol gets metabolized is virtually identical. Alcohol is metabolized at the rate of .015 of blood alcohol concentration (BAC) every hour. So a person with a very high BAC of .15 will have no measurable alcohol in the bloodstream after ten hours (.15 divided by .015 = 10). One interesting item is that the BAC can continue to increase for a period of time after the last drink is consumed. Now, you can control how high your BAC goes by simply limiting the amount of alcohol you drink. You CANNOT control your metabolism and any advice or story you heard about controlling your metabolism is not based on fact. Drinking coffee, taking cold showers, exercising, pinpoint electrocution, and eating hot peppers are all ideas people have but none of them work, Only time can alter your metabolism.
  5. Donovan, John: Criminal Defense As soon as you learn that you are the subject of a criminal investigation, whether that be by information, interview, complaint or arrest, you should be in touch with a defense attorney to reveive advice on your rights and options. If you or friend or family member have been arrested, contacting a criminal defense attorney can assist you in securing the release of that individual. The defense attorney can inform you of your options for pre-trial release or bail. The defense attorney may and often does, obtain the release of jailed individulas with either no bail or greatly reduced bail.
  6. Paul St. Amant: If you have a family law or criminal matter in Orange County, Riverside County, San Bernardino County or Los Angeles County, you need the assistance of an experienced attorney who knows the local court where your case is pending.
  7. Perez & Perez: Consequences of a DUI can be harsh:
     
  8. Donovan, John: Being charged with any crime can be a life changing experience. When charges are brought against an individual, the entire power of the State and its resources are targeted to obtain a conviction of that person. Such the power of the State can be overwhelming. The identity of the individual is frequently lost as the prosecution focuses only on a win, without regard to who the person is as a human being. If you are accused of a crime, the prosecution has skilled professionals trained to prosecute you. They have expert witnesses on call to use against you. They have their own investigators in addition to the police to gather information that may be used against you in a Court. All that power left unchecked, leads to injustice and erroneous convictions. Innocent people are convicted all the time. It only makes news when years later you are released from jail because of some new foun science or newly discovered evidence. Without a highly skilled experienced criminal defense attorney working to protect the rights of the accused, the scales of justice go seriously out of balance.
  9. Trosko, Matt: People under the age of 21 who are arrested on DUI charges face heightened penalties and the potential of losing their license for one year or longer.
  10. Borsari, David: DUI Drug Posession Assault Battery Theft Reckless Driving Embezzlement Indecent Exposure Robbery Carjacking
  11. Jeffrey Stearman: Even if you are charged with a misdemeanor, it is important to get the best possible criminal attorneys to protect your rights. Misdemeanors can be punishable by imprisonment in the county jail for up to one year, and there are potential collateral consequences to a misdemeanor conviction. While many misdemeanors provide for a minimal punishment, the potential for such consequences are still high and that is why it is important to have an experienced legal professional by your side.
  12. Mark Madison: Police officers conduct "field sobriety" tests on drivers when they make vehicle stops and suspect that a driver may be intoxicated. Designed to help officers determine whether a driver is intoxicated based on the officer's assessment of the driver's physical or cognitive ability, these on-site tests typically include the following physical agility exercises: ¥ Horizontal Gaze Nystagmus (HGN) driver must follow officer's penlight with his eyes ¥ Walk and Turn requires driver to walk a certain distance and turn around heel-to-toe ¥ Standing on One Leg requires driver to raise one leg while counting aloud ¥ Finger to Nose driver must bring the index finger to the nose with eyes closed ¥ Rhomberg Balance Test driver must stand still with his head tilted back
  13. Hugh Whittemore:

    DEPARTMENT OF MOTOR VEHICLES INFO ON DUI's

    IT IS A CRIME:

    1. for anyone with a blood alcohol content (BAC) of .08 percent or higher to drive on a public roadway.
    2. to drink any alcoholic beverage in a motor vehicle on a public roadway. (Driving or not)
    3. to have an opened container with any amount of alcohol in a vehicle on a roadway unless the container is kept out of the immediate control of the occupants. (Driving or not)

    If you are arrested for driving under the influence you must submit to a (blood, breath, or urine) test to determine the BAC.

     If you refuse to take or complete the test, your license will be suspended for 1 year.

    If you are arrested for driving under the influence and your BAC 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.

    CONVICTIONS AND FINES:

    1. 1st conviction: You will be fined $390 to $1,000 and serve 96 hours to 6 months in jail with 3-5 years of probation.
    2. 2nd conviction: You will have the same fines as a first conviction; however, the term of imprisonment will be at least 90 days to 1 year.
    3. 3rd conviction in seven years can lead to a prison term of two to four years, plus additional fines.
    4. 4th conviction: is an automatic felony.

      . . . with each subsequent violation the penalties are enhanced.
      . . . out-of-state convictions are considered prior convictions in California.

    If you were driving in a reckless manner and driving 30 mph over the speed limit on a highway, or 20 mph on any other roadway, a 60-day penalty will be added to your sentence.

    If there is a child under age 14 in the vehicle upon arrest, penalties are enhanced up to 90 days for DUI.

    The driver may also be convicted of child endangerment, which is a misdemeanor and is punishable by up to 1 year county jail time or 2-6 years in state prison.

    Note - fines do not include the cost of attorneys, vehicle impoundment or court penalty assessments (which may equal or exceed the original fine).

    DESIGNATE A DRIVER

    Use a designated driver . . .

    If your group is partying, decide beforehand who will not drink and be the designated driver. Many bars and restaurants throughout California encourage the designated driver approach by providing that person with all the non-alcoholic beverages he or she wants - on the house!

    To find out more about your community's designated driver program, please contact your local CHP office.

    CHP 941 (Rev. 2/1994) OPI 013

  14. Jacqueline Goodman Rubio: Contrary to popular belief, when a person is arrested, the police are NOT required to "read you your rights." The reading of the "Miranda" warnings (right to remain silent, right to an attorney, etc.) and the obtaining of the suspect's waiver of those rights is required ONLY in order for the prosecutor to later use the statements of the accused against him at trial.  Miranda warnings are, moreover, only required when you are in police custody AND they want to ask you questions which are designed to elicit an incriminating response.  If, for example, you voluntarily go to the police station to make a statement (ie, you're not "in custody", or if, while you are in custody, you blurt out statments (not in response to a policeman's question), these statements come in regardless of a lack of Miranda warnings and waivers.  Never agree to speak without first consulting a lawyer.  I guarantee that no police officer would if (s)he were asked to. DUI Arrest--What Now? I've just been arrested for DUI. What happens now? The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. At the time of my arrest, the officer confiscated my driver license. How do I get it back? Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ¤¤¤¤23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you. The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document? You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason. The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me? A hearing is your opportunity to show that the suspension or revocation is not justified. For how long will my driving privilege be suspended if I took the chemical test? If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: * A first offense will result in a 4-month suspension. * A second or subsequent offense within 10 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year. Do I need a hearing to get a restricted license to go to and from work? No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office. The officer stated I refused to take a chemical test. What does this mean? You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: * The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or * Both the blood or breath tests are not available, or * You are a hemophiliac, or * You are taking anticoagulant medication in conjunction with a heart condition. How long will my driving privilege be suspended for not taking the chemical test? If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: * A first offense will result in a 1-year suspension. * A second offense within 10 years will result in a 2-year revocation. * A third or subsequent offense within 7 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: * A first offense will result in a 1-year suspension. * A second offense within 10 years will result in a 2-year revocation. * A third or subsequent offense within 10 years will result in a 3-year revocation. How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court? 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.
  15. Mark Madison: 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.
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