Hayward, Huntinton Beach DUI Lawyers DUI Lawyers

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Hayward, Huntinton Beach DUI Lawyers

Hayward
1. Boskovitch & Appleton: Q: I have been arrested for a DUI. Do I need a lawyer? A: Absolutely. DO NOT GIVE UP YOUR RIGHT TO REMAIN SILENT (BUT ALSO DO NOT REFUSE THE CHEMICAL TEST)! You should have an attorney review your case to identify any legal or technical defenses you may have. Many DUI cases are won based on technicalities, and many are lost due to the words of the defendant. Additionally, timing of the conviction can be important. Back to top Q. The police took my license and gave me a temporary license, how do I get my license back? A: If you are found to be driving with a blood alcohol level of .08 or above, the DMV will suspend your license. In order to fight the suspension, you must contact the Driver Safety Branch of the DMV within 10 days of your arrest and request an administrative hearing. Contact the Driver Safety Branch of the DMV that is closest to the place your arrest occurred: San Jose: DMV Driver Safety Branch 90 Great Oaks Blvd., Ste 104 San Jose, CA 95119 (408) 229-7100 (408) 229-7100 Oakland: DMV Driver Safety Branch 303 Hegenberger Road, Ste 400 Oakland, CA 94621 (510) 563-8900 (510) 563-8900 Pittsburg: DMV Driver Safety Branch 1399 Buchanan Pittsburg, CA 94565 San Francisco: DMV Driver Safety Branch 1377 Fell Street, 2nd Floor San Francisco, CA 94117 (415) 557-1170 (415) 557-1170 The DMV process requires prompt action, and rights, as well as your license, can be lost if you delay. An attorney can assist in the DMV process, and that process is entirely separate from the criminal case. Amazingly, you can lose your license even if not convicted of a DUI. Speak with an attorney to discuss your options.
2. Choyce Law Firm: California DUI law states that: Blood alcohol concentration illegal limit is 0.08% A first offense can result in an administration license suspension for 6 months Driving privileges (to and from work for example) can be restored after 30 days Penalties include interlock & forfeiture (seize your car and sell it) Both drivers and passengers are not permitted to have an open container of alcohol A DUI charge has a criminal component and an administrative component before the Department of Motor Vehicles (DMV). For both you'll need a skilled California DUI attorney.
3. Boscovitch & Appleton: Bay Area Criminal Defense Trial Attorneys If you or a loved one is facing criminal charges, it is perhaps the most stressful time for anybody and everybody. Although we have been deluged with the fiction of television and movie dramas, the reality is much different, and it is difficult to know what to do and where to turn. Oftentimes, it is difficult to know whether the lawyer you are thinking of hiring is on your side, and that is one extra worry that you should not have to deal with.
4. Morell Law Office: First DUI Typically a violation of Vehicle Code Section 23152(a) and 23152(b). Most people are cited for these offenses on their first arrest for DUI. Vehicle Code Section 23512(a) states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. Vehicle Code Section 23152(b) states that it is unlawful for any person who had a .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Penalties can include court probation, fines, schools, jail time, work program time and license suspension. Second DUI Legislation in 2005 increased the look back time for priors from a 7 year time period to a 10 year time period for DUIs. The clock runs from the date of arrest to the date of arrest. There are many defenses to proving the "priorbility" of DUIs. Penalties can include court or supervised probation, fines, schools, jail time, work program time and license suspension/revocation. Third DUI Legislation in 2005 increased the look back time for priors from a 7 year time period to a 10 year time period for DUIs. The clock runs from the date of arrest to the date of arrest. There are many defenses to proving the "priorbility" of DUIs. Penalties can include court or supervised probation, fines, schools, jail time, work program time and license suspension/revocation. Felony DUI Vehicle Code Section 23550 and 23550.5 Felony drunk driving due to prior convictions can be charged as wobblers, meaning the prosecution can charge the offense as a felony or a misdemeanor. Felony drunk driving can also be charged where there was a prior drunk driving conviction punished as a felony. Vehicle Code Section 23153(a) and (b) are identical to 23152(a) and (b) above but also include two additional allegations that concurrently with driving do any act forbidden by law or neglect any duty imposed by law in driving a vehicle which act or neglect proximately causes bodily injury to any person other than the driver. Penalties can include prison time, fines, schools and treatment programs. Underage DUI Underage DUI can be charged under Vehicle Code Section 23152(a) or (b). See above. It can also be charged as below: Vehicle Code Section 23136 states that it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of .01 percent or greater, as measured by a preliminary screening test or other chemical test, to drive a vehicle. Although, this section is an infraction, the person is subject to both criminal fines and a suspension of driving privileges. Vehicle Code Section 23140 makes it an infraction for a person under 21 to drive with a blood alcohol level of .05% or higher. The penalties include a fine, schools and license suspension. However, the person can apply for a critical need license. DUI Refusal A "refusal" or where the subject did not take a chemical test is charged under Vehicle Code Section 23152(a) with a sentence enhancement under Vehicle Code Section 23577. Penalties for a refusal are the same as above for a first offense, but may include additional jail time and/or work time. Commercial DUI Vehicle Code Section 23152 and 23153(d) create a .04% per se drunk driving offense for commercial drivers. Penalties are the same as above for a First DUI and can also include a one year suspension on the commercial driver even if the DUI was not committed in a commercial vehicle. A second offense DUI can result in a lifetime revocation on commercial privilege. Boating DUI Harbor and Navigation Code Section 655 outlaws various types of offenses relating to operating a boat while under the influence of alcohol and/or drugs. Penalties can include probation, fines, schools but no driver's license suspension. Also, this crime may be eligible for diversion in some counties. Ms. Morell will tell you more about this during your free consultation. Drug DUI Vehicle Code Section 23152(b) states that it is unlawful to drive under the influence of drugs alone, whether or not prescribed or legal. Penalties include probation, fines, schools, jail time, work time and potential license suspension. Accident DUI A DUI where an accident has occurred can be charged as a "regular" DUI if no one was injured. If someone was injured, other than the driver, the charge can be a violation of Vehicle Code Section 23153(a) and 23153(b) and charged as a misdemeanor or a felony. The penalties can include all First penalties if charged as a misdemeanor plus additional jail or work time. See Felony DUI above for those penalties. Hit & Run DUI Vehicle Code Section 16025 requires any driver involved in an accident, if the other driver or property owner was also involved in the accident and also present, to exchange information. Penalties include a fine. Vehicle Code Section 20002 is a misdemeanor if the person fails to stop at the scene of an accident with property damage only and requires the driver to supply information. Penalties include jail time and a fine. DMV has discretion to suspend the driving privilege. High Blood Alcohol DUI Although incorrectly charged as an "enhancement" to DUI by some prosecutors, Vehicle Code Section 23578 is not actually an enhancement to a DUI charge. This section merely gives the court authority to consider a blood alcohol level of .15% or more as a special factor for justifying enhancing the penalties already associated with DUI. Penalties include a longer school and/or additional jail time. Vehicular Manslaughter DUI Penal Code Section 191.5 states it is unlawful to kill a human being without malice aforethought in the driving of a vehicle where the driving is in violation of Vehicle Code Section 23140, 23152 or 23153 and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony or lawful act which might produce death, in an unlawful manner without gross negligence. Penalties include jail time or prison time. Penal Code Section 191.5(a) states it is unlawful to kill a human being without malice in the driving of a vehicle in violation of Vehicle Code Section 23410, 23152 or 23153 proximately caused by the commission of an unlawful act, not amounting to a felony or a lawful act which might produce death, in an unlawful manner, with gross negligence. Penalties include state prison time. DUI on Federal Property 36 Code of Federal Regulations Section 1.2 prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcohol or drugs, or any combination thereof. Section 4.23(a)(1) establishes a per se violation for this offense. Penalties include federal penitentiary, fine, supervised probation, testing, search and seizure and travel restrictions. Reckless Driving DUI Vehicle Code Section 23582 states that a DUI charge can be enhanced if the defendant either drove recklessly; drove more than 30 mph over the limit on a freeway; and/or drove 20 mph over the limit on any other roadway. Penalties include 60 days in the county jail. Child Endangerment DUI Vehicle Code Section 23572 provides an "enhancement" to the charge of DUI if a minor under the age of 14 was a passenger in the vehicle at the time of the offense. The penalties include imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed. Alcohol Related Reckless Driving Vehicle Code Section 23103.5 is typically plead to where the charges are reduced from a DUI. It is commonly referred to as a "wet reckless." Penalties include probation, fines and school.
5. Garcia, Schnayerson & Thompson: In California, you can be convicted of a DUI / DWI because your blood alcohol content (BAC) is above .08 or if your BAC is lower than .08 if you have a combination of alcohol and drugs or drugs alone causing you to have impaired driving. There are many serious consequences that can result from drunk driving charges. If you have been arrested or charged with a DUI, it is in your best interest to seek the advice of an attorney as soon as possible.
6. Eisenberg, Mark: # Family Law # Divorce # Child CustodyChild Custody # Child Support and Spousal Support # Restraining Orders # Personal Injury # Probate # Wills and Trusts # DWI # Criminal Defense # Civil Law
7. Vicki Jensen: Chemical testing for blood alcohol levels is regulated by the Department of Health under Title 17. The evidence must comply with these regulations. Non-compliance can be used by your attorney to win the DMV hearing and or challenge the evidence in the court proceeding. It is important to remember that the persons obtaining your chemical test are in the business of gathering evidence to convict you.
8. Bonjour, Thorman, Baray & Billingsley: If you find yourself charged with a crime, you need the legal counsel of an experienced criminal defense attorney, to protect your rights now, and in the future. I have been arrested for a DUI, do I need a lawyer? Absolutely. You should have an attorney review your case to identify any legal or technical defenses you may have. Many DUI cases are won based on technicalities. The police took my license and gave me a temporary license, how do I get my license back? If you are found to be driving with a blood alcohol level of .08 or above, the DMV will suspend your license. In order to fight the suspension, you must contact the Driver Safety Branch of the DMV within 10 days of your arrest and request an administrative hearing. Contact the Driver Safety Branch of the DMV that is closest to the place your arrest occurred: Oakland: DMV Driver Safety Branch 303 Hegenberger Road, Ste 400 Oakland, CA 94621 (510) 563-8900 Pittsburg: DMV Driver Safety Branch 1399 Buchanan Pittsburg, CA 94565 San Francisco: DMV Driver Safety Branch 1377 Fell Street, 2nd Floor San Francisco, CA 94117 (415) 557-1170 San Jose: DMV Driver Safety Branch 90 Great Oaks Blvd., Ste 104 San Jose, CA 95119 (408) 229-7100 I have to go to criminal court in 30 days, what can I expect? At your first court appearance, you will be told whether or not charges have been filed against you. If charges have not been filed, it is because one of the following has occurred: 1) the District AttorneyÕs Office has chosen not to file charges; or 2) the District AttorneyÕs Office needs more time to make their decision. If the DA has decided not to file against you, your case is over. If the DA needs more time to decide whether or not to file, the judge will give you another date to return to court. If charges have been filed, the judge will tell you what the charges are and will give you a copy of the complaint (a document that lists the charges). You will then be given another court date and are expected to hire a lawyer for your next court appearance. If you cannot afford a private attorney you will be referred to the Public DefenderÕs Office. I have been charged with a DUI Ð why are there two charges against me? In almost all circumstances, the District AttorneyÕs Office files two charges in DUI cases: a violation of Vehicle Code section 23152(a) and a violation of Vehicle Code section 23152(b). Section 23152(a) is driving under the influence of alcohol or drugs Ð this count means that the DA believes they can prove you were too impaired to drive, regardless of your blood alcohol level. Section 23152(b) is driving with a blood alcohol level of .08 or above Ð here, your level of impairment is not significant Ð the law states that anyone driving with a .08 blood alcohol level or above is guilty of a DUI. These charges are filed Òin the alternative,Ó and you will not be held responsible for both Ð a person cannot be convicted twice for the same incident. I was convicted for a DUI before. Can my conviction be used against me in this case? The sentence for a DUI differs, depending on whether it is a first, second, or third conviction. When you are charged with a DUI, the District AttorneyÕs Office looks back 10 years from the date of your arrest Ð if you have had one DUI conviction within 10 years, the new case will be considered a Òsecond timeÓ DUI; if you have had two DUI convictions within 10 years, the new case will be considered a Òthird time.Ó
9. Fred Remer: It can happen so easily. One too many drinks at a dinner party and your trip home can turn into a living nightmare. An arrest for driving under the influence (DUI) of drugs or alcohol can result in driver's license suspension, stiff fines, and even jail time. In addition, a DUI can cause chaos in your work and personal life. If you are a licensed professional, even a single DUI can put your professional license in jeopardy.
10. Tamara Loughrey: The Constitution does not require, nor does it prohibit, trial courts from defining reasonable doubt. Further, it does not require courts to use any specific language when instructing a jury regarding the government's burden of proof. However, the Constitution's Due Process Clause prohibits language that would allow an accused to be convicted on less evidence than that required by the "reasonable doubt" standard.
11. Louis J. Goodman: If you have been arrested for Driving Under the Influence of Alcohol or Drugs, now is the time to get accurate information from a qualified attorney.
12. Gorelick & Gorelick: When you were arrested for DUI, the officer took your license and gave you a temporary license that is good for thirty days. You must contact DMV within 10 calendar days of the date of the arrest to request a hearing. You can prevent the suspension of your license by hiring a lawyer to present your defense and make appropriate objections the DMV's documents. We can help you to maintain your license. If you were arrested for driving under the influence (DUI) in Hayward, Pleasanton, or anywhere else in the Bay Area, itÕs important to contact a DUI defense attorney who can protect your rights and help you fight your charges. A DUI arrest can easily result in jail, fines, and license suspension if you do not act quickly. Hiring an experienced Hayward or Pleasanton DUI lawyer to represent you during the DUI process will greatly increase your chances of winning your case and avoiding an array of penalties that will have a lasting negative impact on your life for years to come. California DUI Law California law makes it a crime to drive or operate a vehicle if your blood alcohol concentration (BAC) reaches or exceeds .08%. When BAC levels reach .08% or more, the driverÕs physical coordination, reaction time, and level of alertness are compromised, significantly increasing his or her chances of causing a serious or deadly accident. Anybody found violating state law by driving a vehicle with a BAC at or above .08% will be arrested and charged with DUI. In regards to drivers under the legal age of 21, California has a strict zero tolerance policy. Under this policy, all driverÕs younger than 21 are prohibited driving with any detectable amount of alcohol in their system. This means anyone under age will be arrested and charged with DUI if they are discovered driving with a BAC of .01% or more. Common DUI Penalties DUI is more than just a simple traffic ticketÑit is a serious crime that can result in felony or misdemeanor charges, depending on the degree of the offense. The majority of DUI cases are misdemeanors, which carry maximum penalties of up to six months in jail, up to $1,000 in fines, community service, probation, driverÕs license suspension, mandatory alcohol awareness classes, points on your driving record, and more. Felony DUI convictions carry much of the same penalties, but an increase in fines and a much longer amount of time in state prison.
Hemet
1. Cripps & Harr: Probate Law - litigation, problem heirs, document review Estate Planning - wills, trust, power of attorney Mediations and Arbitrations - in any matter Titles to Property - mobile homes, other property Criminal Law - felonies, misdemeanors, restraining orders
2. Clark & Lord: DUI Being charged with driving under the influence can be very frightening and overwhelming. If you have been arrested for a DUI you should contact an attorney immediately to find out how to save your driverÕs license. In every DUI case, you must not only deal with the criminal charges against you but also an administrative action by the Department of Motor Vehicles against your driverÕs license. If you do not take action within 10 days of your arrest your driverÕs license will be suspended thirty days from the arrest date even if criminal charges are never filed. On a first offense, the suspension will last four months and you will have to complete a class before your driving privilege is reinstated. Only an experienced DMV attorney can help you avoid this suspension. Depending on the county where you were arrested, a typical first time DUI offense carries a jail term of 0 to 10 days. The fines are approximately $1500 and you must complete a DUI class. Your driverÕs license will be suspended for six months. After one month, you may be eligible for a restricted driverÕs license if you have enrolled in the DUI class. A second offense DUI may carry up to sixty days jail time. Your license will be suspended for 18 months. After one year, you will may be eligible for a restricted license. An experienced attorney can help you minimize the damage a DUI can cause to your life and employment. We will explore all possible defenses and strive to limit the consequences to you and your family.
3. Angeloff, Angeloff & Levine: You've been arrested. You find yourself overwhelmed in a position that is terrifying for you. The stakes have never been higher - YOUR FREEDOM!
4. Kevin Speir: Not everyone the police arrest is guilty. ... With most people knowing there is always two sides to every story and sometimes "three" it is easy to see the need for bold criminal defense attorneys. Prosecuting attorneys, in certain counties, are under pressure to obtain convictions and cause cases to go to jury's for their own career enhancement. It can seem to someone arrested that "innocent until proven guilty" is only an idea taught in school. Having an attorney that knows the law and can try a case if necessary is what a client should look for when hiring an attorney.
Heraldsburg
1. Terreri, Herbert: Administrative Hearings and Appeals Administrative Law Arbitration Automobile Accidents and Injuries Business Associations Law Business Dissolutions Business Formation Business Fraud Business Law Business Litigation Business Mediation Business Organization Business Planning Business Regulation Business Reorganization Business StartUps Business Torts Business Transactions Business Transfers Buying and Selling of Businesses BuySell Agreements Construction Law Criminal Law Dog Bites Driving While Intoxicated Eminent Domain Employment Law Environmental Law Federal Practice Mediation Personal Injury Planning and Land Use Real Estate Sexual Abuse Slip and Fall Sole Proprietorships White Collar Crime Wrongful Death Wrongful Termination Zoning
Hollister
1. Barton, George: If you have been charged with a crime, you may be unsure of the next step to take, or you may not be aware of what your rights are under the law. When you are charged with a crime, it is important to hire an attorney as soon as possible to preserve your rights. Criminal cases are often won or lost within the first few hours after arrest. Do not answer questions from the police without your attorney present. Do not volunteer any information, no matter how innocuous it may seem at the time. the criminal process ARREST: The police arrest someone based on probable cause that they have committed a criminal offense. However, the police do not file the charges. They simply provide reports and evidence to the prosecuting attorney, who then decides whether or not charges should be filed, and if so, what charges. FILING THE COMPLAINT: The prosecuting attorney files the document with the court, which alleges the charges against you. ARRAIGNMENT/FIRST APPEARANCE: At the arraignment, you are formally advised of the charges and your constitutional rights. Bail is often set during the arraignment. Bail is used by the court almost like an "insurance policy" that you will appear on future court dates. The amount of bail is determined by the judge. The judge will look to two factors in deciding bail: your risk of flight and whether you pose a danger to the community. Bail amounts can range from being released on your own recognizance, all the way up to millions of dollars. In some cases no bail is allowed. PRELIMINARY HEARING: Preliminary Hearings are held in all felony offenses to review probable cause. This is necessary for the judge to determine whether there is sufficient evidence to support the charges against you. Once a Judge determines that there is probable cause, he sends the case to the Superior Court for trial. During the Preliminary Hearing, the district attorney or the judge can add additional charges and/or readjust the bail. ARRAIGNMENT IN THE SUPERIOR COURT: If the judge has determined that there is probable cause to support the charges, the prosecutor will file a charging document called an Information in the Superior Court. The Information alleges the charges which you are facing at trial. At this time, you are formally advised of the charges and your constitutional rights. Again, you enter a plea of not guilty. PRE-TRIAL CONFERENCE: At the pre-trial conference, the defense attorney discusses the case with the prosecuting attorney and often may include the judge in this process. This is a good opportunity to speak with the prosecution in order to obtain the best possible deal, or plea-bargain. It also allows the defense attorney to provide information which may prove your innocence. TRIAL: During the jury trial you are entitled to have a jury of twelve impartial jurors. Both the defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During the deliberation phase of the case, the jury decides whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds you not guilty, you are free to go and not subject to further prosecution based on the same offenses. SENTENCING If you are found guilty, the sentencing hearing is where the judge determines and imposes the appropriate punishment. You may be sentenced to probation instead of a term in state prison. Different crimes carry different possible penalties. You are entitled to a sentencing hearing to propose why you believe the judge should give you the lowest possible penalty. COLLATERAL CONSEQUENCES In addition to any sentence imposed by the court, conviction can have a number of additional consequences. In felony cases, these consequences can include, but are not limited to: loss of the right to vote, loss of the right to possess a firearm, loss of the right to associate with other known criminals, registration as a sexual offender, registration as a narcotics offender, or increased penalties for future convictions. APPEALS If convicted, you may file an appeal to an appellate level court with the argument that the trial court made legal errors. If the defense can prove that the trial court made legal errors, or you were denied due process of law or a fair trial, it may result in the reversal of your conviction. PAROLE Parole is a conditional release from prison which entitles you to serve the remainder of your term outside of prison. However, you are still under the supervision of the department of corrections. EXPUNGEMENT Expungement is a process where, in some cases, your conviction may be removed from your record.
Huntington Beach
1. Schreiber, Gary: If you have been arrested or charged with a DUI (DRUNK DRIVING/DRIVING UNDER THE INFLUENCE), you should know the following: CALIFORNIA DUI LAWS- any driver may be charged with a DUI if he/she is determined to be under the influence of alcohol and/or drugs (you need not be DRUNK Ð but simply ÒimpairedÓ in the opinion of the police officer stopping you!), or if driving with .08 BAC (blood alcohol content) or higher regardless of how well you are able to drive or perform on the Field Sobriety Tests. - If you are under 21 years of age, you can be charged with a DUI if your BAC level is .01 or higher, with additional penalties if higher than .05. - Commercial drivers while operating a vehicle on the job are faced with a BAC limit of .04. PENALTIES - There are two types of penalties one faces when arrested or charged with a DUI Ð DMV penalties and Court penalties. COURT PENALTIES - court penalties include one or any combination, including possibly all of the following: jail or prison high fines alcohol treatment program license suspension/revocation/restriction probation ignition interlock device alcohol consumption restriction/prohibition DMV PENALTIES - in addition to and separate and apart from the court penalties, the DMV conducts its own administrative hearings to determine whether one charged or arrested for a DUI, was at the time of driving was driving with a BAC of .08 or higher (regardless of how well you may have been driving or performed the field sobriety tests). You can be driving perfectly fine and pass all field sobriety tests with Òflying colorsÓ and still lose your license according to the DMV! WHAT YOU SHOULD KNOW WHEN STOPPED BY AN OFFICER - you are required to submit to a chemical test (blood or breath test); otherwise, if you refuse you can lose your license for one year or more. However, you are not legally required to perform any Field Sobriety Test. This is important to know since if the required blood and/or breath test are determined to be inadmissible evidence via attorney motions, many times the only remaining evidence of impairment is the field sobriety tests results Ð NO TESTS MEANS LESS EVIDENCE MEANS BETTER CHANCE OF DISMISSAL! - you are entitled to an administrative hearing but only if you request one within 10 days of the arrest date; otherwise, your license is automatically suspended 30 days after the date of arrest.
2. Eddy, Jhayne: Criminal Law Juvenile Law Personal Injury Nonprofit Law DUIs & Drug Cases Felony Trials & Settlement Misdemeanor Trials & Settlement Expungements Dependency (criminal cases) Dependancy Divorce Child Custody & Visitation Modifications Accidents Medical Malpractice Slip & Fall Dog Bites Incorporation & Filings Management Grants Writing & Management
3. Stanley Alari: What are some consequences of handling your case without seeking competent legal advise from an experienced traffic attorney? 1- Going to traffic school 2- A DMV point 3- A DMV warning letter, A DMV hearing on license probation 4- Suspension or revocation 5- Job jeopardy, embarrassment or loss 6- The case might have been won with a Trial By Declaration or in a Court trial. 7- Insurance Premium Hike (for three years) 8- Insurance Cancellation
4. Hughes, Scott: If you have been arrested for drunk driving, it is paramount that you contact an experienced and dedicated DUI attorney. It is most important to get expert legal advice to protect your license and keep yourself out of jail.
5. El Dabe Law Firm: DUI is the act of operating a motor vehicle while oneÕs abilities are impaired due to his or her consumption of alcohol or drugs. California law enforcement officers are increasingly aware of this offense and will pull over suspected drivers based on one or more of several criteria: swerving, speeding, disobeying traffic laws, or more. If you are pulled over by an officer who suspects you to be driving under the influence, he or she will usually ask you to perform field sobriety tests such as walking in a straight line, following a light or object with your eyes, or taking a breathalyzer test. Depending upon the results of these tests, the officer may arrest you for DUI. DUI in California In California, if you are operating a motor vehicle with a blood alcohol concentration (BAC) of over .08%, you are considered to be illegally driving under the influence. However, in any DUI case there are possibilities that your rights were violated, that the tests were performed improperly, or that some other requirement was not met Ð meaning you may not be found guilty of DUI. If you have been arrested for DUI, it is vital that you contact an experienced DUI attorney right away. The DUI attorneys at El Dabe will be able to help you through the entire process after your arrest, including a DMV hearing and a trial if you have one. Having a DUI attorney to represent you is really your only chance of having the charges dropped or of winning your case and getting your license back. Not only that, a DUI conviction goes on your criminal record. Why not take every precaution to ensure this doesnÕt happen?
6. James McIntosh: Does it seem like the police and prosecutors are getting tougher and tougher on people suspected of drunk driving? You are not wrong, the state legislature and law enforcement are increasing their efforts to stop drinking and driving. DUI/DWI arrests are up significantly, and people charged with a DUI/DWI are facing stiffer penalties.
7. Christopher Hennes: ... no charge Ð not even DUI Ð is as indefensible as many people would have you think.
  In DUI, as with every legal matter, each case is different. There may be mitigating circumstances or evidence problems.
  1. If your blood alcohol level was borderline, for example, there may be an opportunity to lessen the charges.
  2. If this was your first offense and/or if there was no accident attached to the charges, there may be an opportunity to lessen the charges and/or the sentence.
  3. Were the test procedures performed according to current case law?
  4. Were you stopped for legal reasons according to current case law?
  ... While a guilty verdict usually results in the loss of driving privileges for at least a period of time, other licenses may also be at risk, including professional licenses issued to realtors, medical professionals, brokers.
8. Randall Bertz: Vehicle Code section 23152 (a)&(b), a misdemeanor, is one of the most common criminal offenses in southern California. Unfortunately it is also one of the most underrated crimes as well. It is important that the DMV is contacted within 10 days of your arrest, to request a hearing in order to protect your driving privilege. Severe fines, alcohol school and a suspended driver's license can result from a conviction for DUI. If an accident causing injury has occurred while driving under the influence of alcohol and/or drugs you may be charged with 23153 VC.
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