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Fullerton DUI Lawyers

  • Fullerton
    • 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.
    • 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
    • Hugh Whittemore:

      DEPARTMENT OF MOTOR VEHICLES INFO ON DUI's

      IT IS A CRIME:

      • for anyone with a blood alcohol content (BAC) of .08 percent or higher to drive on a public roadway.
      • to drink any alcoholic beverage in a motor vehicle on a public roadway. (Driving or not)
      • 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:

      • 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.
      • 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.
      • 3rd conviction in seven years can lead to a prison term of two to four years, plus additional fines.
      • 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

    • 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.
    • 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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