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Irvine DUI Lawyers

  1. California Criminal Defense Center: DUI Breath Test A DUI breath-test measures the concentration of alcohol in a personÕs blood. During the breath-test, a person forcefully blows into an instrument that analyzes the personÕs deep lung air (also called Òalveolar airÓ). The amount of alcohol that is present in the alveolar air is believed to correspond to the percentage of alcohol in the blood. Law enforcement agencies routinely use this breath-alcohol device, believing it to be a reliable method of measuring a personÕs blood-alcohol concentration (BAC). The most common breath-alcohol device that is used by California law enforcement agencies during DUI investigations is a handheld device called the Alco-Sensor IV. Unlike cheap and unreliable models sold to the public, this device uses a fuel-cell technology to analyze a personÕs breath for the presence of alcohol. The Alco-Sensor IV is considered to be one of the most sophisticated and reliable hand-held instruments of its kind. Nevertheless, this instrument is prone to many flaws and inaccuracies, such as: È User error È Failure to follow the manufacturerÕs instructions È Incorrect recording of test results by user È Improper storage È Improper maintenance È Failure to routinely calibrate the instrument È Improper calibration È Mistakenly detects the presence of trapped mouth alcohol È Interference by surrounding radio frequencies È Age of instrument Title 17 of the California Code of Regulations provides that the officer must maintain continuous observation of a person prior to taking his/her breath sample. The manufacturer of this device also recommends a 15-20 minute observation period. This observation period allows for the dissipation of any alcohol that may be trapped in the personÕs oral or nasal cavity. Although the 15 minute observation period helps reduce the risk of inaccuracies, there remain a myriad of other factors that call into question the accuracy of breath-test results. Unfortunately, many individuals have been wrongfully convicted for drunk driving in California, based on inaccurate or unreliable breath-test results. In order to fully understand whether a breath test result is reliable, one must be properly trained in the use and functionality of this device, and have a working knowledge of its calibration procedures. In many instances, police officers who conduct these tests are neither certified nor properly educated about this device. Consequently, numerous mistakes can be made. Many of these mistakes can only be detected by a DUI expert who has a strong working knowledge of the device.
  2. Driessen, Robert: Driving Under the Influence (DUI), Drug Crimes, DMV Hearings, Weapons Crimes, Theft, Fraud, Assault and Battery, Domestic Violence, and other misdemeanors and felonies
  3. 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 Ð 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 (ÒDMVÓ) 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 Ð 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.
  4. Lampel Law Firm: * Criminal Defense * Felony & Misdemeanor Crime, including: o Murder/Homicide o Armed Robbery o Assault and Battery o Burglary o Domestic Violence o Theft (including by fraud or by contractor) * Warrants * White Collar Crime * Drug and Narcotics Offenses, including: o Trafficking o Manufacturing o Possession * Juvenile Delinquency Matters * Sex Crimes, including: o Sexual Assault o Date Rape o Indecent Exposure * Traffic Offenses, including: o Driving under the Influence (DUI) o Leaving the Scene of an Accident o Vehicular Manslaughter o Reckless Driving o Hit & Run * Investigations * Expungement Motions
  5. Huish Law Firm: The Realities of a DUI and What You Need to Know Now.
  6. Phancao & Shaffer: Estate Planning, Domestic and Offshore Asset Protection Proceedings, and selective Criminal Defense proceedings
  7. Cordova, Ron: Irvine DUI Information 1. In Newport Beach, the average cost of a DUI in fees and fines can range from $300.00 to well over $1,000.00 plus court and Lawyer fees. 2. If you have been convicted of a DUI in Newport Beach or any where else in California, your car insurance rates can increase upwards of 300%. That is if your current insurance provider decides to still provide coverage to your existing policy. 3. Usually on first DUI offenses, your vehicle will be impounded at the time of the incident. Once you have been processed, and released. You can then pay your tow yard fines and have your vehicle released to your possession. 4. When you are arrested for a DUI, you can expect to be in jail, and to be released usually within 24 hrs. Depending if you have any prior warrants or offenses. 5. Did you know that in the state of California, there are actually two DUI laws? Both laws are dependent on your current blood alcohol level. 6. A DUI in Newport Beach or anywhere in California can remain on your permanent driving record for up to 10 years. 7. Expungement procedures that have been successfully executed for a Newport Beach DUI conviction will help remove the DUI from your driving record, but not from your criminal records. 8. DUI proceedings are generally quick in Newport Beach, but with the required DMV courses can be anywhere from 2 months to 30 months, depending on your current DUI case.
  8. Khanjan - Nosratabadi: Have you been arrested?? Are you being investigated?? Have the Cops come to talk to you?? If so, the FIRST and LAST thing you should do, is ASK FOR AN ATTORNEY!!! If you are going to be charged with a crime, it is because of the evidence the police or District Attorney already have. If they don't have evidence, the only evidence they may ever get is YOUR OWN STATEMENT!!! ASK FOR A LAWYER AND DO NOT SAY ANOTHER WORD! Police often make promises that they cannot or will not deliver on. This includes promises of leniency and dismissals. DO NOT rely on these promises. If the police are asking you questions, you are probably a suspect.
  9. 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 Ôsick to your stomachÕ.

    If this sounds like you, relax, take a deep breath and remember, ÒIt is not the end of the worldÓ. 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 Ð remember, President Bush was convicted of a DUI. You likely have a number of questions relating to your arrest and defense. Some exampled of the questions or concerns you may have are: * If the officer never read me my Miranda rights, does the case get dismissed? * The officer made me perform the field sobriety test on a hill Ð is that fair? * I could not understand the instructions he gave me for the field sobriety test, does that matter? * The officer asked me to take a breath test that was the size of a box of cigarettes with a little straw in it Ð did I have to take that test? * Do I have defenses to this case?

  10. 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. 1. What are the rules for a DUI? Answer: DUI is charged under the California Vehicle Code, sections 23152(a) and (b), which state respectively: ÒIt 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 or drug, to drive a vehicle.Ó and ÒIt is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.Ó In addition, if you cause bodily injury to another person while driving under the influence, you may be charged under Vehicle Code sections 23153 (a) and (b), which state respectively: ÒIt is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.Ó and ÒIt is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.Ó Back to top 2. How is a DUI charged? Answer: A DUI may be charged as a felony or a misdemeanor, but most DUIs are misdemeanors. But if you have been charged with three or more DUIs, you can be charged with a felony if the District Attorney so chooses. And, if you injure someone else while driving under the influence, you can also be charged with a felony. Remember, a felony prosecution can result in over a year in state prison. Back to top 3. What is the punishment for a DUI? Answer: As always, every punishment depends on the crime. Generally, for a first time DUI offense if your blood alcohol level is below .20% and you did not cause injury to another person, the maximum penalty includes: Summary Probation for three to five years (unsupervised by the Court), * Six months in county jail, * Six months suspended license, * A fine of up to $1,000, plus penalties of up to $2,710 (the penalty is currently 3x the amount of the fine, and may increase if the California Legislature agrees to it), * A $100 contribution to the California State Restitution Fund (for victims of DUIs), * Proof of enrollment and completion of an alcohol education program, * A fee of $50 towards ÒAlcohol abuse Prevention,Ó * A fee of $37 towards the blood alcohol content testing, * A fee of $20 for Court security You may be assessed additional penalties if your blood alcohol was above .20%, you injured someone, or you had a child in your car. For a second time DUI, all of the fines and penalties mentioned above will increase, plus: * Up to one year in county jail, * Impound your car for 30 days, * Suspend your license for 18 months, For a third or fourth time DUI, all of the fines and penalties mentioned above will increase, plus: * The DMV can revoke your license for up to 4 years, * Completion of a 30 month alcohol treatment program, * Up to 120 days in county jail for a third offense, * Up to 180 days in county jail for a fourth offense, * 16 months to 3 years in state prison for a felony. In addition, you may have to pay, among other things, increase insurance premiums, tow and impound fees, alcohol rehabilitation program costs, and legal fees for an attorney and the court. Back to top 4. What happens to my license if I am convicted of a DUI? Answer: You may request a DMV hearing (LINK TO DMV SITE) within 10 days of your arrest. If you do not request a DMV hearing, your driverÕs license will be suspended or revoked starting 30 days from your arrest for up to 4 months, depending on how many DUIs you have been convicted of in the previous 10 years. If you have a commercial license, you may be charged with driving under the influence if your blood alcohol level is .04%, regardless of whether you are being charged with a felony or a misdemeanor. The DMV can take harsher action against you as well. Back to top 5. What happens to my commercial license if I am convicted of a DUI? Answer: If you have a commercial vehicle license, you have a standard of .04% BAC, regardless of whether you are being charged with a felony or misdemeanor, and the DMV action against Commercial Drivers is more severe. Back to top 6. What defenses are there in drunk driving or DUI cases? There are many defenses available in a drunk driving case. Some of the common defenses include: * Was the defendant actually driving? The prosecution must prove that the defendant was, in fact, driving. Intoxication is not enough to win the case. This may be difficult to prove because there are often no witnesses to the incident. * Did the officer have probable cause? The arresting officer must have Òlegal causeÓ to (a) stop, (b) detain, and (c) arrest. For instance, if you are stopped at a sobriety roadblock, you will need an expert DUI criminal defense attorney to explore all the possible available defenses. * Did you make incriminating statements to law enforcement? The Miranda rules may allow incriminating statements to be suppressed if warnings were not given at the appropriate time. * Did the arresting officer tell you that you could refuse to take a chemical test? Mr. Wallin may be able to get the test results thrown out if the officer did not advise you of the consequences of refusing to take a chemical test or gave it incorrectly. In California, implied consent warnings may affect the admissibility of the test results, as well as the license suspension imposed by the motor vehicle department. * Were you Òunder the influenceÓ? Mr. Wallin can argue in your favor if: the arresting officerÕs observations and opinions about your intoxication can be questioned; the circumstances under which the field sobriety tests were given are doubtful; the subjective and predisposed nature of what the officer considers as ÒfailingÓ can be discredited; or witnesses can testify that you appeared to be sober. * What was your blood-alcohol concentration? There is a wide range of potential problems with blood, breath or urine testing. For instance, Ònon-specificÓ analysis can occur in most breath machines that register many chemical compounds found on the human breath as alcohol, when they are not. Also, breath machines assume a 2100- to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These are among many problems in analyzing blood-alcohol concentration that can be brought out in cross-examination of the either sideÕs expert witnesses. * Were you tested while your body was still absorbing the alcohol? If the blood, breath or urine test was done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption (this can be delayed if food is present in the stomach), it could lead to unreliable results. Thus, drinking Òone for the roadÓ can cause inaccurate test results ... Back to top 7. What if the police didn't read me my rights before they arrested me for DUI? Answer: The police have to read you your Miranda rights before they question you after taking you into custody. If the police don't read you your Miranda rights before questioning you, the evidence they obtained from your statements, and the statements themselves, might be excluded at trial. Although most DUI cases are based on scientific evidence, such as a breath or blood test, a skilled DUI defense attorney ...
  11. 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.
  12. 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.
  13. 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.
  14. 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. Minor DUI, underage consumption The California DUI/DWI laws regarding minors are even stricter, with a BAC of .05 resulting in mandatory license suspension for one year. For repeat or habitual offenders, the penalties can be enormous. When to get a lawyer for drunk driving charges * If your blood alcohol content (BAC) test was barely over the minimum, an attorney might be able to have the test thrown out. * If you were far over the DUI minimum BAC, it is extremely important to talk with a lawyer, because the long-term consequences can be serious. * You may want an attorney to represent you in court because you live out of state or are not able to appear for some other reason.
  15. 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.
  16. 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.)

  17. 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.
  18. Virginia Landry: Whether this is the first time youÕve been investigated by the DMV since obtaining your license or if youÕve 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?
  19. Lawrence Taylor
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