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Search for California DUI
Attorneys by County.
Fresno, Fullerton, Glendale, Hayward, Huntinton Beach DUI Lawyers
Hayward
- Bonjour, Thorman, Baray & Billingsley:
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
- 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.
- Tamara Loughrey:
The Constitution does not require, nor does it prohibit, trial courts from defining reasonable doubt.Ê Further, it does not require courts to use any specific language when instructing a jury regarding the government's burden of proof.Ê 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.
- 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.
- 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.
Hemet
- 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!
- 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.
Hollister
- George Barton:
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.Ê When you are charged with a crime, it is important to hire an attorney as soon as possible to preserve your rights.Ê Criminal cases are often won or lost within the first few hours after arrest.Ê Do not answer questions from the police without your attorney present.Ê Do not volunteer any information, no matter how innocuous it may seem at the time.
Huntington Beach
- 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?
- 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.
- Christopher Hennes:
... no charge – not even DUI – 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. If your blood alcohol level was borderline, for example, there may be an opportunity to lessen the charges. 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. Were the test procedures performed according to current case law? 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.
- Braden & Tucci
A drunk driving arrest triggers two separate legal actions against you.
One is the criminal action. The other is the DMV civil action to
automatically suspend your license. Often with proper and aggressive
representation, it may be possible to have the charges dropped or
reduced without the expense of trial.
- 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 requestÊ 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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