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Long Beach DUI Lawyers

1. Jarvis & Krieger: While a DUI charge could result in an immediate loss of your license, a conviction could affect your right to drive and ability to make a living, as well as result in exorbitant insurance rates. While DUI cases present their own set of difficulties, we can often challenge various aspects of the arrest and test procedures. Your constitutional rights need to be protected if you have been charged with a drug, alcohol-related, or violent crime. For a legal DUI arrest, there must have been probable cause in the initial traffic stop, and all testing procedures must be performed in accordance with relevant laws.
2. Peacock & LeBeau: After being charged with DUI, you should be aware that you are really facing two specific sets of legal problems. The criminal charge is typically a misdemeanor for which you face a heavy fine and up to a year in prison under current California law. Any evidence gained at the scene of the arrest may be used against you, including your blood alcohol content (BAC) determined by your breath or blood test results. In recent years, prosecutors in California are becoming increasingly aggressive in pushing for conviction. In addition to the criminal charges, you will also be facing the loss of your driving privileges in a Department of Motor Vehicles (DMV) hearing. After being charged with a drunk driving offense, you will have only 10 calendar days to schedule your appointment. The DMV hearing is much like the DWI criminal trial in that your attorney must prepare the strongest defense possible, challenging the arresting officer's probable cause, the field sobriety test and BAC test results. For many people, losing their driver's license is a greater punishment than the sentencing for the criminal conviction.
3. Cook, Errol: The Law Driving Under the Influence (DUI) is a serious crime. It can result in jail time, probation, fines, license suspension, and DUI school. Sentences can also be enhanced if you are a minor, if someone is injured (which can be charged as a felony resulting in prison time), if you had prior DUI convictions, if you refused to take a chemical test, if you had a minor under the age of 14 in the car or if you had a BAC of 0.20% or higher. If you are convicted of a DUI it will appear on your criminal record causing you to lose your job, negatively impact on educational opportunities, lose custody of your child in a divorce action, and/or make it more difficult to rent an apartment. And, as if this wasn't enough, a DUI can also result in significantly higher automobile insurance premiums. The most common violations of the Vehicle Code that involve DUI are: Driving with a blood alcohol concentration (BAC) of 0.08% or higher. This (along with driving under the influence below) is the most common charge that is brought in DUI offenses. This is a "per se" offense, which means that if your BAC is 0.08% or higher, it does not matter if you were actually influenced by the alcohol you consumed. It is governed by Vehicle Code ¤23152 (b). Driving while impaired by the influence of alcohol or drugs. This is a catch-all provision that is in addition to the 0.08 test above. It can cover situations where the District Attorney can prove that you were driving under the influence even though your BAC was lower than 0.08%. .Drugs. includes lawful medications that impair your driving. It is governed by Vehicle Code ¤23152 (a). Driving a commercial vehicle with a BAC of 0.04% or higher. (Vehicle Code ¤23152(d)) Driving with a BAC of 0.05% or higher if you are under the age of 21. (Vehicle Code ¤23140) Driving while addicted to any drug and not participating in any lawfully approved narcotics treatment program. (Vehicle Code $23152(c))
4. Finn, Robert: A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation.
5. Poland, Richard: Drinking and driving in California is a criminal offense if your blood alcohol content (BAC) is.08 or higher. If you are convicted of a DUI, you are facing possible jail time (especially for second or subsequent DUI offenses), the loss of your driving privileges, higher insurance rates (or cancelled insurance), and a conviction on your record. A third drunk driving offense will land you in jail for a minimum of 120 days. If you kill someone while driving drunk, you can get up to years in jail, even for a first offense. If you killed someone while driving drunk, and have a prior DUI conviction a previous DUI, you are facing 15 years to life in prison.
6. Anthony Cosio: Typical cases involve Driving under the Influence, Possession of Controlled Substances, Lewd Conduct, Three Strike Cases, Expungement of Sex Offences and Felony Assults. Jury trials are quite common in the event of no disposition prior to trial.
7. Michael Brewer: "DUI" stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
8. Matthew Kaestner:

   I've been arrested / accused, what do I do?

   A: Follow three simple steps.

   1.) REMAIN SILENT – DO NOT SUBMIT TO A POLICE INTERVIEW OR DISCUSS THE CASE OVER ANY PHONE WITH ANYONE!

   If you have been arrested or even accused of a crime you have an ABSOLUTE RIGHT TO REMAIN SILENT. The police are not always required to read you your Miranda rights; however you ALWAYS have the right to remain silent.

   Do not discuss the case with your family over the phone from jail, or in person during a jail visit. Your phone could be tapped and ALL conversations from a jail facility or during jail visits can and will be recorded.

   2.) CONTACT A CERTIFIED CRIMINAL LAW SPECIALIST IMMEDIATELY!

   3.) ARRANGE FOR BAIL; OR AN OWN RECOGNIZANCE “OR” RELEASE THROUGH YOUR ATTORNEY

   An experienced attorney can tell you if there is a possibility you can obtain an OR release or a bail reduction. If you need to post bail, bail can be posted in one of three ways:

   1. By posting cash
   2. By having a licenses bondsman post the bond with you paying a percentage of the bond as a premium that you lose. You may not have to pay a full 10% to a bondsman.
   3. By posting a property bond. This is a process by which the county places a lien on real estate to guarantee your appearance in Court. The process is somewhat complicated but can avoid the necessity of paying bondsman a fee to post the bond.
   DUI/DWI Under California State law a DUI (Driving Under the Influence of alcohol or drugs) a sentence of up to six months in the county jail can be imposed for a first offense. In California, you are presumed to be under the influence if a blood test taken within three hours of driving indicates a blood alcohol level of .08 or above. Driving under the influence of drugs is more subjective and depends on an arresting officer's opinion that the driver was "under the influence of a drug" at the time of driving. A second conviction in ten years can result in a one year maximum jail sentence. A third offense in ten years can result in a minimum 120 day jail sentence up to one year in jail. A fourth and subsequent conviction within ten years can be charged as a felony and result in a state prison sentence of up to three years. Although many people refer to DUI [23152(a) and 23152(b) of the vehicle code]as "drunk driving," most people who are arrested would not normally be considered "drunk." Although it varies based upon a person's weight, a person can reach a .08 blood alcohol level after only two drinks. (Source: 2008 California Driver's Handbook, pg. 69, find at www.dmv.ca.gov/pubs/dl600.pdf) Someone arrested for DUI cannot only be prosecuted in a criminal law case in a criminal court, but also will face administrative suspension of his or her privilege to drive by the California Department of Motor Vehicles (DMV). After an arrest, an arrestee has only ten days to notify the DMV and request an administrative hearing to contest the suspension. This administrative action by the DMV is completely independent of what happens in the criminal law court. The arrested party has a right to have legal counsel present at the DMV hearing. Experienced legal counsel will know how to raise any legal challenges to the the DMV action. These include challenges to the legality of the traffic stop, the accuracy of the blood alcohol test, whether the test was administered within three hours of driving and whether in fact driving can be proved, among others. A successful challenge to the DMV administrative suspension results in the full and complete restoration of driving privileges. A first offense the DMV suspension shall last for for 4 months. A first refusal to give a breath or blood test is even worse and will result in a suspension for one year. However, on a first arrest where a test was provided the arrested party not wishing to contest the suspension can convert the last three months of the suspension into a five month restriction by enrolling in a first offender program, paying a license re-issue fee, and showing proof of insurance to the DMV. The first thirty days of suspension cannot be avoided absent a successful administrative challenge. In addition to jail time and the above DMV consequences, most DUI convictions will lead to prosecution in a criminal law court. Upon a first conviction within ten years, California law requires the following minimum sentence. That minimum sentence is 3 years of summary probation, fines and fees totaling approximately $1500, and attendance at a 90 day first offender DUI program. Increased penalties for second and third offenses within a 10 year period include longer programs and license suspensions, revocations and possible vehicle seizure. A fourth conviction in ten years is a felony that can result in state prison. A criminal law attorney with substantial experience handling DUI cases can help you determine if there is a defense to a DUI case. An experienced criminal law lawyer can defend both in the criminal court and before the DMV. Few persons understand what constitutes an illegal traffic stop. However, a DMV action, and criminal case can be dismissed if the stop violated certain search and seizure principles. However, most district attorneys and city prosecutors will file a criminal law cases even if the stop of the motorist violated search and seizure principles. A criminal law specialist can identify and challenge an illegal arrest, and find those flaws in the prosecutionÕs case that can get a case dismissed. Also, a criminal law attorney can avoid the client making any court appearances. Oftentimes, a client's case can be handled discreetly and with no need for a court appearance. Thus, a criminal law attorney can help you avoid embarrassment and missed work.
9. Hoffman and Associates: The DMV has complex rules which apply and each case needs to be evaluated independently. In many cases, a restricted license allowing driving privileges for work can be obtained by following certain procedures. If you have been arrested for Driving Under the Influence within the last 10 days and haven't consulted with any Southern California dui attorneys, you must act quickly to attempt to save your license from suspension from the DMV.
10. Leonard Matsuk: In 1984, the Court created a new exception to the exclusionary rule for circumstances where officers conducting searches reasonably believed that the search was proper, i.e., acted in "good faith." Specifically, the good faith exception holds that where an officer acts in "objectively reasonable reliance" on a warrant that is later determined to be invalid, evidence recovered pursuant to the invalid warrant may be admissible despite the error. This exception might apply, for instance, where subsequent to a search it is determined that contrary to an officer's belief, probable cause did not exist for the issuance of the warrant. In 1987, the exception was specifically extended to instances where officers rely on statutes that permit warrantless administrative searches but are subsequently determined to be in violation of the Fourth Amendment.
11. WAGNER & ZIELINSKI: When an attorney represents a person arrested for DUI, the attorney evaluates the case based on what would happen if the case went to trial. Judges and juries are very biased in favor of law enforcement officers. There is a very strong tendency to accept an officers testimony as true. A drivers testimony which conflicts with an officers will generally be disregarded or given little weight. So, it is usually best to give a law enforcement officer as little information as possible. These rules apply to adults only. They apply whenever the driver has had two or more drinks.
12. Glaser and Damone: A DUI arrest has many far reaching consequencs in addition to the immediate humiliation and loss of freedom associated with the arrest itself.
13. Lawrence Taylor: With 29 years of experience, Mr. Taylor limits his practice to the defense of drunk driving cases, with a primary clientele in Los Angeles and Orange Counties.
14. Gold & Witham, Attorneys at Law: Depending upon your circumstances, a D.U.I. may be filed as a felony or a misdemeanor and can result in serious court penalties. It may also result in the loss of your driving privileges and a substantial increase in your insurance premiums. California DUI Overview DUI (driving under the influence) is a criminal charge that requires the special attention and representation of an experienced Los Angeles DUI attorney. In California, DUI typically involves two charges: * California Vehicle Code 23152 (a): driving while under the influence of alcohol or drugs. * California Vehicle Code 23152 (b): driving with a blood alcohol concentration (BAC) of .08% or higher. It is important to consult a lawyer as soon as possible if you have been arrested for DUI. You have only 10 days from the date of your arrest to contact the DMV and schedule a hearing Ð otherwise, your license will be suspended. Your lawyer can represent you at this hearing in order to help you get your license back. Additionally, if you are arrested, you have rights and you should exercise them. One of these rights is the right to remain silent, and another is the right to an attorney. By making use of these rights, you can help to create a positive impact on your case. DUI Laws in California California has numerous laws regarding driving under the influence, its penalties and acceptable defenses. Your Los Angeles DUI lawyer should have a thorough understanding of all legislation regarding DUI in California, as well as case law on the subject. Below we have included some basic information regarding CaliforniaÕs DUI laws, to help you get a better idea of the subject as a whole. ÒImplied consentÓ laws govern a personÕs agreement to blood, breath or urine testing to determine their blood alcohol levels or drugs in their system if they are suspected to be driving under the influence. In California, a breathalyzer test is most commonly used. When you sign to receive your driverÕs license, you agree to submit to chemical testing if you are suspected of DUI. When you refuse chemical blood alcohol testing, you will face enhanced penalties and your driverÕs license will be automatically suspended. Your Los Angeles DUI lawyer, however, should be aware of how to defend your case even in the face of a breath or blood test refusal. If you are under 21, you cannot drive with a blood alcohol concentration of .01% or higher. California is a Òzero toleranceÓ state in this regard. If you have been arrested for underage DUI in Los Angeles or the surrounding areas, it is of the utmost importance that you contact a Los Angeles DUI attorney as soon as possible. There are harsh consequences for underage DUI, and an attorney can help you avoid these penalties.