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Irvine DUI Lawyers

• Gregory Lee: 1. What are the types of driving police officers look for when they are patrolling the roads? The initial things that may alert a police officer to your vehicle are: a) going back and forth over the bots dots b) speeding c) Erratic braking d) Near accidents e) Slow response to traffic lights and signs f) Turning abruptly g) running red lights h) Swerving i) failing to stop at stop signs j) Following too closely k) Driving off the designated road l) Looking intoxicated m) Using the wrong turn signal n) Drifting o) Weaving 2. What should I say to the police officer that stops me and asks me if I have been drinking? You do not have to respond to the police officer's questions regarding drinking. As soon as the police have stopped you they are gathering evidence against you. Other than requesting your license, registration and insurance information, the police cannot force you to answer any questions. 3. Do you have the right to speak to an attorney before submitting to a field sobriety test? Yes. In California, you do not have the right to consult an attorney before deciding whether to submit to a field sobriety test. However, the police can ask you questions concerning your drinking without an attorney present but you do not have to answer. 4. Should I agree to perform field sobriety tests (FSTs)? No. You are not legally required to perform any of these tests. Field sobriety tests can include a variety of physical tests including: heel-to-toe, finger-to-nose, one leg stand, counting numbers, alphabet recitations, fingers to thumb among others. . Whether you pass or not is a very subjective determination and the officer may deem you to have failed even if you felt you did very well. This evidence can then be used to help convict you of DUI. It is often a good idea to politely decline these tests. 5. Should I submit to a Preliminary Alcohol Screening test? No. This is a test commonly known as the PAS test. It is a hand held portable device that can measure your blood alcohol. The police will tell you that this is not required. 6. Should I submit to a standard chemical test? Can I refuse? The police officer cannot force you to submit to a chemical test. However, by California law you are required to submit to a chemical or risk the loss of your license. If it is found that you refused the test, your California Driver's License will be suspended for a one-year period by the Department of Motor Vehicles no matter what the outcome of the court case is. You have the right to a hearing to contest this suspension and must request this hearing within ten (10) days from the date of you arrest. 7. What type of chemical test should I take? You are often given a choice of Blood or Breath tests. Blood tests are the most accurate of the tests. If you give a blood sample, the sample must be preserved according to specific rules so that it is available to your attorney for independent testing and analysis later. Breath tests are fairly reliable, but the results can be unreliable for a variety of reasons. No breath sample can be preserved for later analysis 8. Should my case be dismissed if the officer never read me my Miranda Rights? It depends on when and if the officer asks you questions. If he asks questions about your drinking and driving after he has you in custody then he is supposed give you a warning about your 5th Amendment rights, failure to do so usually does not merit a dismissal. However, if an officer fails to inform you of these rights, the prosecution is not allowed to use your answers to their post arrest questions as evidence of your DUI. 9. Why do I have two (2) charges against me? You are being charged with two separate crimes. In most DUI situations you are charged with [1] driving with a blood alcohol content of .08% or higher, and [2] driving while under the influence of alcohol. You can be convicted of either one or both, but you are only punished once. 10. Why was my driver's license not returned to me when I was released? Your license was taken away by the police and you were issued a notice of suspension. This form is your temporary driver's license for 30 days following your arrest. After those 30 days, your California Driver's License is suspended unless you request a hearing disputing this suspension with the DMV. WARNING: YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV AND REQUEST THIS HEARING. Gregory A. Lee, APLC attorney will be able to contact the DMV for you and represent you at this hearing. 11. What can be done to reinstate my driving privilege if I lost or failed to request a DMV hearing? After 30 days of actual suspension, Gregory A. Lee, APLC can contact the DMV for you and request a restricted license allowing you to drive to and from work and any classes you may be attending. 12. It is my first DUI; can't I just represent myself? You have right to represent yourself. But would you perform surgery on yourself if you needed your appendix out? You are likely to get a much more favorable result if you retain a knowledgeable DUI attorney to represent you. In many cases hiring Gregory A. Lee, APLC can result in the charges being reduced or dismissed. In addition, the need for jail time can often be eliminated. In most cases you will not have to appear in court. Gregory A. Lee, APLC will review your case and the police reports. He will also analyze the results of the chemical tests, compel discovery of the pertinent maintenance records and arrange for blood samples to be tested by an independent lab. There are Motions that can be filed on your behalf with the court and attempt to negotiate a favorable conclusion with the District Attorney. 13. How much will it cost to hire a lawyer? Attorney's fees vary depending on the complexity of the case. A highly qualified DUI attorney will normally charge between $1,500 to $7,500 to handle the case up to trial. Fees for a jury trial often range from $1,000 to $2,500 per day. Representation at the DMV hearing to try to save your driving privilege can range from $500 to $1,500. Gregory A. Lee, APLC fees are very reasonable. Call for a free consultation which will include a fee quote. 14. What is the "rising blood alcohol defense"? This is a defense technique that may be available to you depending on the amount of time that has elapsed between the time you consumed alcohol and the time of your chemical test. Alcohol that you drink is not absorbed into your blood stream immediately. It can take as little as 30 minutes to as long as several hours for alcohol that you consume to enter into your blood stream. During the time that elapses while your are stopped, transported to the station, and waiting for your chemical test you may still be absorbing the alcohol in your stomach. In other words, your BAC is higher at the time of the test is higher than it was when you were actually driving. 15. Are there any defenses available in a DUI case? While there is no limit to the types of defenses that may be available depending on the facts of any particular case, the following defenses are common in the field of DUI defense. -Lack of probable cause. If the officer did not have probable cause to stop, detain, test or arrest you, evidence against you may be excluded. -Lack of proof you were driving the vehicle. In addition to proving you were under the influence of alcohol, the prosecution must also prove that the defendant was driving the vehicle. If there are no witnesses, this may difficult. -Lack of warnings. If the officer failed to give you Miranda warnings at the required time, incriminating statements made by the defendant may be excluded. Additionally, if you refused to submit to a chemical test and the officer did not appropriately advise you of the consequences of a refusal, evidence of the refusal may be excluded. -Lack of reliable chemical test results. The reliability of the results of your chemical test may be impeached if the machine was not properly maintained, calibrated and operated. -Lack of properly preserved blood sample. If you submitted to a blood test, your blood sample must be preserved and available to you and your lawyer for independent testing. -Lack of reliable observations by the officer. The officer's observations that a defendant "appeared" to be under the influence or that he/she "failed" a field sobriety test can sometimes be impeached. Your attorney can expose the officer's bias or use witness to contradict his observations. 16. Will I miss much time from work because I have to appear in court on my DUI matter? A DUI is usually classified as a misdemeanor, The use a Penal Code 977, which is a Waiver of Personal Presence may be invoked thereby allowing Gregory A. Lee, APLC to appear in court on your behalf without you having to be present. Therefore you will not have to miss work or sometimes more importantly embarrassingly be recognized in court.
• Miranda McCroskey: 1. The Criminal Court Aspect of a DUI 1. Arraignment After being arrested for a DUI you will receive information from the police officer including a court date ­ usually thirty days after the date of your arrest.  This first court appearance is known as your arraignment.  This hearing is where the judge advises which charges have been filed against you, and requests that a plea be entered on your behalf.  Your arraignment may be continued, or a plea of not guilty may be entered and a future pretrial date set.  At the arraignment we will obtain a copy of the complaint and the police report, and will forward a copy to you for your review.  Our office then begins the investigation and analysis of the facts in your police report.  At the arraignment the judge will determine whether any additional conditions should be imposed on you while the case is pending.  In California, first time offenders with no enhancements, accidents and non-lethal blood alcohol levels are usually simply warned not to drive with any alcohol in their system.  In cases where there are multiple offenders, accidents, and/or injuries the judge could order you to attend Alcoholics Anonymous meetings, a higher bail amount, attend a treatment program, and/or an ignition interlock device be installed on your vehicle.  2. Pretrial The court appearance following the arraignment is the pretrial conference.  At the pretrial our office will negotiate with the District Attorney in regard to the strengths and weaknesses of the case, request discovery, and/or schedule a future pretrial conference.  In the interim, if applicable, our office will have discussions with experts in regard to your case, request discovery from crime labs, and conduct further investigation.  There may be several pretrial conferences in order to obtain the best resolution for your case. 3. Pretrial Motions As our office analyzes your police report and other evidence relevant to our case, we will be determining whether or not a pretrial motion should be filed.  Generally, pretrial motions are made in order to exclude evidence which may be used at trial.  You may or may not be required to be present when a pretrial motion is heard.  The benefit of winning a pretrial motion is that evidence that could be damaging to you such as results of your breath or blood test, or statements you might have made, may be excluded resulting in an advantageous plea bargain offer made by the prosecution or even a dismissal. 4. Trial Should our office determine that the evidence and facts of your case support going to trial we will have a discussion with you as to the costs of time, money and energy of trial as compared to the benefits of winning a trial.  Should you decide to go forward, an additional fee will be required by our office.  Trials generally last four to ten days, and consist of motions to exclude evidence, jury selection, opening statements, witness testimony, cross-examination, and closing statements.  On occasion, cases do settle on the day of trial. 2. Department of Motor Vehicles 3. You will notice that at the time of your arrest you were given a pink temporary license from the arresting officer.  On that pink sheet you will have been instructed to contact the Department of Motor Vehicles (³DMV²) within ten days of your arrest in order to set up an Admin Per Se Hearing.  If you contact our office within ten days of your arrest, we will contact the DMV and schedule an in person hearing on your behalf to challenge their projected suspension of your driving privilege.  Should you lose the DMV hearing, the DMV will suspend your license for four months.  In the alternative, your license may be suspended for thirty days and then restricted for an additional four months ­ or a total of five.  A suspended license means that legally you cannot drive.  A restricted license means that you may legally drive your vehicle to and from work and alcohol classes.  Your appearance at the DMV hearing is optional.
• David Swanson: While worrying about increased insurance rates or the possible loss of your job because you cannot drive, you need to attend to the administrative component of your DUI charge. Too many times, this is overlooked and people needlessly lose their license even before trial or any conviction.
• Maggio Law Firm: BEING CHARGED WITH A CRIME IS STRESSFUL, and having an experienced attorney to provide aggressive, competent legal representation in the initial stages of a criminal case is vital.
• Mitchel Hannah: You should consult an attorney for individual advice regarding your own situation.
• Staycie Sena: Negotiating a Plea Agreement Some criminal charges are dropped after a defendant's defense attorney negotiates with the prosecutor. In some cases, the defendant pleads guilty to a less serious charge in exchange for the prosecutor's agreement to drop the more serious charges. The final decision on whether to accept a proposed plea agreement always rests with the defendant. Depending upon the severity of the crime committed, a defendant who is found guilty may be sentenced to serve some period of probation, to pay a fine, perform community service, make restitution or pay for the monetary losses caused by the crime, or to serve some time in prison. In some states, the most severe crimes are punishable by death. A veteran criminal defense attorney will know how to work with a prosecutor to fashion a deal that provides for the least severe punishment possible. If no deal can be made, the attorney can mount an aggressive defense in court, to convince the jury that the prosecutor cannot prove, beyond a reasonable doubt, that the defendant committed the crime.
• Rozenberg & Khanjan: If you have been charged with a DUI, don¹t say another word to the police until we are at your side. We know how to help, and we know how to make sure this arrest isn¹t devastating to your family and your future.
• Pilchman Law: Serious legal problems require immediate intervention from an Irvine attorney who knows how to protect your rights and negotiate the best possible result according to the facts and California law.
• Hertz Law Offices:

  If you fall within any of the following categories you should consult a DUI SPECIALIST:

  • Drivers Who Injure Or Kill Others
    
  • Drivers Who Were In An Accident
    
  • Drivers With Prior Convictions
    
  • Drivers Who Have Refusals Alleged
    
  • Drivers Who Have Levels Of + .20%
    
  • Drivers Who Hit And Run
    
  • Drivers On Probation
    
  • Drivers Under The Age Of 21
    
  • Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
    
  • Drivers Who Have Children Under 14 Years Old In The Vehicle
    
  • Who Have A Low BAC (.12% Or Lower)

  Judges in many Orange County Courts will treat these drivers differently, from their initial appearance in Court through the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time. Drivers with high levels may be required to attend Alcoholics Anonymous Meetings (1-7 Meetings per Week) as a condition of release until the case is over. If you fall within any of the above categories you should consult a DUI SPECIALIST.

  What You Must Know Now About Police Procedure

  Why were you stopped?
  Police must establish that they had reasonable suspicion to detain you in the first place. They must establish that you committed a violation of the Vehicle Code justifying the stop. The National Highway Traffic Administration has published a Guide For Law Enforcement For Observations Of Vehicles In Motion.

  Checkpoints
  If you were stopped at a checkpoint, the police must establish that they complied with Supreme Court guidelines for checkpoints. Click link below to review Mr. Simons' Brief filed in the latest checkpoint case to be reviewed by the United States Supreme Court in Illinois v. Lidster.

  Refusal To Take Chemical Test
  If you Refused to take a test or failed to compete a test, you face a ONE to TWO YEAR SUSPENSION from the DMV. If you are convicted of DUI and the allegation that you willfully refused to take a test is found to be true, there is a mandatory JAIL SENTENCE, you will be required to attend a six month alcohol program and may be compelled to have an ignition interlock device on your vehicle. Some Police Departments will force you to take a blood test even if you refuse and then use the results against you in Court. This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still comes in at your trial. There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse - many officers fail to give the required admonition correctly or confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test. Our office established that a driver has the Constitutional Right to take a breath test and not be compelled to take a blood test in the landmark case of Nelson v Irvine. Because of the many serious consequences that flow from a charge of willful refusal, drivers are advised to seek the aid of a DUI Specialist even for a 1st offense.

  DUI INFORMATION

  DUI Defenses That Work

  1. The Officer Had No Legal Right To Pull You Over
     
  2. The Police Agency Has Not Complied With The California Code Of Regulations
     
  3. You Were Not Given The Option To Take A Breath Or Blood Test
     
  4. You Were Questioned In Violation Of Your Miranda Rights
     
  5. The Sobriety Checkpoint That You Were Stopped At Was Not Run Properly
     
  6. You Requested But Were Denied The Right To An Independent Test
     
  7. You Have Been Denied Your Right To A Speedy Trial
     
  8. Your Blood Alcohol Level Was Lower When Driving Than When Tested
• Jennifer Keller: When your liberty is at stake, having the best defense may mean the difference between resuming your life versus years of incarceration. Even in less serious matters, the collateral consequences are sometimes the most costly as a criminal conviction remains in your record FOREVER in law enforcement data bases. Even a midsemeanor conviction may jeopordize professional licenses (state board membership, medical licenses, CPA status, teaching credentials). Moreover, in the information age, more and more entities are gaining access to criminal records in the course of routine hiring procedures. Thus, it becomes crucial to retain a lawyer so your temporary problem does not result in long term regret.
• Stull & Stull: If you were recently arrested for driving under the influence of alcohol or drugs, your body is likely under a tremendous amount of stress. You are probably very worried; you do not sleep well and may be ‘sick to your stomach’.

  If this sounds like you, relax, take a deep breath and remember, “It is not the end of the world”. Unlike other criminal offences, a DUI conviction is not a crime of moral turpitude.

  A crime of moral turpitude is one that would prevent you from obtaining employment or professional licensing. An example of a crime of moral turpitude would be a theft or forgery case, or any case where you were proven to have knowingly committed a criminal act. Driving under the influence cases do not fall under this category. With respect to employment, remember that if you are convicted of a DUI, you could, theoretically, still qualify for political offices or any other leadership position – remember, President Bush was convicted of a DUI.

• Thomas Wallin: Driving Under the Influence (DUI) is the most common criminal charge brought against individuals in California. The penalty for a first time offense can range from suspending your license, fines, alcohol abuse programs, to jail time. For multiple offenders, even if you are just pulled over for a speeding ticket, you could be subjected to far more severe penalties. If you are convicted of DUI, the conviction stays on your record for 10 years and could affect your credit, car insurance and employment status. You must take a DUI charge seriously because the effect will reach far into your future. You need an attorney who is well-qualified in this area of law. There are many technicalities in the law that an average person would never know, and only a California criminal defense DUI attorney can make the best arguments in your defense. You may think that if you were tested at the legal drinking limit, BAC .08 or above, your case is already lost. But DUI attorney Thomas Wallin knows there is much, much more to a case than just the blood alcohol content tested at the scene. The State of California aggressively prosecutes DUI offenders. There is little sympathy for even first time offenders. The State has expert witnesses at their disposal who know how to present evidence convincingly to a jury. Inexperienced attorneys may take the first or easiest deal from the district attorney just to get rid of your case. Time lost in hiring the right attorney can be make or break your case. You need someone who can work with law enforcement, witnesses, and the district attorney to make the best case for you.
• Steven Vondran: Unless you are willing to plead guilty at your first court hearing, a DUI defense will take a minimum of several months. More complicated DUI cases can easily last six months to a year as they wind their way through the court and DMV systems. Felony DUI cases (ones involving accidents) or cases with multiple priors may well endure for several years.
• Staycie Sena: If you or a loved one have been arrested, are facing arrest or have been contacted by the police or the DMV, you should seek qualified representation IMMEDIATELY. Your actions in the first few days of an incident can have a dramatic impact on your case. In some cases, we can convince the District Attorney's office not to file charges or we can negotiate a lower bail. We can also negotiate in attempt to get your case dismissed or the charges and penalties substantially reduced. Other cases require aggressive litigation.
• Todd Landgren: The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an "aggravated felony," which can include "a crime of violence for which the term of imprisonment [is] at least one year." In line with this provision, aliens convicted of driving under the influence of alcohol (DUI) in states which characterize a DUI conviction as a crime of violence have been subjected to automatic deportation, even if they have been legally residing in the U.S. for years.
• Kenneth Schreiber: What do I do if I've been arrested for a DUI? First, you must be sure you understand your right to request a hearing before the DMV, and that request must be made within 10 days of your arrest.
• Ken Teel: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
• Dyke Huish:

  What is a DUI?
  
  The California State Legislature has made it unlawful to drive a motor vehicle within the State of California while Under the Influence of Alcohol and/or Drugs. The two most typical ways that this law violation can be proven are as follows:

  (1) Under California Vehicle Code section 23152(a), it must be proven beyond a reasonable doubt that you were the driver of a vehicle within the State's boundaries while so intoxicated with either alcohol and/or drug(s), that you were unable to operate the vehicle as safely as an ordinarily prudent person would under like circumstances.

  (2) Under California Vehicle Code section 23152(b), it must be proven beyond a reasonable doubt that you were driving a motor vehicle within the State's boundaries with a Blood Alcohol content of greater than .08% by weight. [The Intoxylizer 5000 machine is the most common, and legally acceptable (although not entirely accurate), means of determining this percentage.

  The State's criminal courts will impose criminal consequences on someone who is proven guilty of the first-listed violation. Unless a plea bargain is reached between the accused and the district attorney (usually through their attorney), a court will have discretion to impose up to six months of jail (on a first offense with no injury) or any lesser increment of 6 months with up to 5 years of summary probation and up to $2,000 in fines and penalty assessments. Also, if probation is imposed, a court is required by statute to impose a number of restrictive terms and conditions (e.g., DUI education class, the requirement to submit to testing, don't drive with any measurable quantity of alcohol in your blood, etc.)

• Bruce Collins: DUI and other suspension hearing sometimes require quick response on your part, so that you many obtain a right to a hearing, regarding the possible suspension of your license.
• Virginia Landry: Whether this is the first time you¹ve been investigated by the DMV since obtaining your license or if you¹ve unfortunately had previous dealings with the DMV, the shock, anxiety and multitude of concerns racing through your mind can be stifling. How will my family, career and life be affected? Who can really help me at this point? Can they really take away my license? How will I get to work, the doctors or to pick up my children?
• Lawrence Taylor
• Gregory Lee: Why do I have two (2) charges against me? You are being charged with two separate crimes. In most DUI situations you are charged with [1] driving with a blood alcohol content of .08% or higher, and [2] driving while under the influence of alcohol. You can be convicted of either one or both, but you are only punished once.