Long Beach DUI Lawyers
- Dobson-Wilson, Michele:
Criminal and Civil Defense
Business Litigation (including ADA Defense)
Elder and Dependent Adult Abuse
Labor/Employment Law
Contracts
Estate Planning (Trusts and Wills)
Personal Bankruptcy and Insolvency
Child Custody/Divorce (Family Law)
- Bergkvist, Bergkvist & Carter:
Real Estate Law: contracts, transactions, partition, quiet title, and defense of real estate lawsuits
Estate Planning and Probate: wills, trusts, trust administration, informal and formal probates, small estates administration, ancillary probates, conservatorships, guardianships, estate litigation, and will contests
Family Law: divorce, child custody, child visitation, move-away, child support, spousal support and alimony, property division, and adoptions
Business Law: contracts and business litigation
Personal Injury: automobile accidents, premises liability
Criminal Law: felonies and misdemeanors, DUI/DWI, drug charges
Financial Elder Abuse: fraud, unfair business practices, breach of contract
SLAPP Law: strategic lawsuits against public participation
- McFarlane Law Firm:
With CaliforniaÕs 0.08% legal blood alcohol limit for adults and the expanding efforts of law enforcement to curb the occurrence of drunk driving, increasing numbers of people are being arrested on suspicion of DUI. Additionally, more and more drivers are also facing the realities of criminal liability for refusing to submit to blood alcohol and/or field sobriety tests.
- Cosio, Anthony:
Misdemeanor and Felony Criminal
- Kelly, George:
Personal Injury (automobile accidents, slip
and falls, etc.)
¥ Elder Law
¥ Civil Rights
¥ Civil Appeals
¥ Family Law
¥ Trust & Estate Planning
¥ Probate (estate administration, guardianship,
conservatorship)
¥ Criminal Defense
¥ Medical Marijuana
¥ Medical Marijuana Dispensery Establishment / Defense
- Eagle, Rondee:
Driving Under the Influence (DUI) is driving a motor vehicle under the influence of drugs
and / or alcohol or both, and / or driving a motor vehicle with a blood-alcohol level of .08 or higher.
If you are convicted of a DUI, you face the loss of your driving privileges, as well as possible jail time and a conviction on your record. In addition, you may be required to install an ignition interlock device (IID) on your vehicle. If convicted of a third DUI, you will be required to serve a minimum of 120 days in county jail.
If you kill or severely injure someone while driving under the influence of alcohol or drugs or both, you could spend years in prison. Further, if you kill someone while driving drunk, and you have a prior DUI, you are no longer facing a manslaughter charge but rather may be facing a murder charge.
As you can see, DUI's carry a wide-ranging and potentially devastating effect on your life. It is important to hire a skilled and aggressive advocate (attorney) who will see to it that your rights are protected throughout the legal process. Attorney Rondee J. Eagle has experience in analyzing and, if necessary, challenging the blood or breathalyzer test results arising out of your DUI.
- Rodriguez, Richard:
Personal Injury
¥ Bankruptcy, Chapter 7 & 13
¥ DUI & DWI
¥ Criminal Law
¥ Real Estate
¥ Immigration Law
- Michael Cernyar: A privately retained criminal lawyer will negotiate dismissals with prosecutors before the client's first court appearance. Provide their clients with a reality check - a knowledgeable, objective perspective on their situation and what to expect is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered plea. Help clients cope with feelings of fear, embarrassment, reduced self-esteem and anxiety that criminal charges tend to produce in many people. Spend time on a case that a defendant cannot afford to spend. Clients usually have jobs therefore lack the time to devote to such time consuming activities such as gathering and examining documents, doing legal research, and investigating witnesses. Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own - since many criminal laws are hidden away in court interpretations of federal and state constitutions. Are familiar with local court rules and procedures that are not written. For example, a defense lawyer may know which prosecutor has the real authority to settle or dismiss a case, and what kind of arguments are likely to appeal to that person. Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing.
- Glaser, Damone & Schroeder: If you are convicted of your first DUI in California with no previous DUI record, you could be subject to the following punishments: * Up to 6 months in jail * $1000 in fines * Up to 6 months license suspension * Probation (up to 5 years) * Points on your license * Community service DonÕt leave your defense in the hands of chance Ð your freedom is very important and you owe it to yourself to do everything you can to defend those freedoms and your constitutional rights.
- Matsuk, Leonard: DUI DUI penalties in California are amongst the stiffest in the nation. Driving under the influence of alcohol (.08% or greater) or drugs, or a combination thereof, is a misdemeanor offense that stays on your court records for ten years. The penalty for a first time offense ranges from a suspension of your driverÕs license, fines, alcohol education program, to jail time in some instances. For second or third offenders, the punishment can be far greater and can include loss of your driverÕs license for an extended period, completion of a long term alcohol treatment program and incarceration for up to a year, sometimes longer. A DUI charge is a serious offense since it will affect you now and in the future. Loss of your driving privilege may affect your ability to work, earn a living and support your family. Further, whenever you are arrested for a DUI and your license is taken by the arresting officer, you have a limited time period within which to contact the Department of Motor Vehicles, DriverÕs Safety Office, and request an Administrative Hearing. Failure to request the hearing within ten calendar days following your arrest likely will result in automatic suspension of your license without an opportunity to be heard. At the Law Office of Leonard Matsuk we have handled hundreds of DUI cases over the years and are very familiar with the changing laws that apply to these cases. Inexperienced or ÒcheapÓ DUI lawyers will often plead you guilty without exploring possible defenses to your case. It pays to hire an experienced attorney who is a savvy negotiator and knows the nuances in this changing area of the law.
- Horeczko, Matt: * Three Strikes Cases * White Collar Crimes * Domestic Violence * All Firearms Charges* * Driving Under the Influence (DUI) * Reckless Driving * Hit and Run * Vehicular Manslaughter * Criminal Threats * Murder * Manslaughter * Narcotics and Drug Sales/Possession * Vandalism * Grand theft * Embezzlement * Fraud * Petty theft * Robbery * Conspiracy * Drug Possession * Violations of Probation or Parole * Driving on Suspended License * Rape/Statutory Rape * Elder Abuse * Speeding * Drunk in Public * Solicitation * Trespassing
- Allmeroth, Garner and Fly: Criminal Defense DUI, FELONY, MISDEMEANOR, WHITE COLLAR CRIME Being charged with a crime can carry very serious consequences. Along with maximum prison or jail sentences, a criminal conviction can also harm one's family, employment and overall quality of life. If you are being investigated or charged with a crime, it is essential to contact an attorney as soon as possible.
- Falangetti & Weimortz: The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level.
- Zaragoza, Gabriel: If you have been charged with misdemeanors such as Driving Under the Influence (DUI), driving upon a suspended or revoked license, theft, fraud, assault, battery, posession of a weapon, drug possession, domestic violence, petty theft, drunk in public, prostitution, indecent exposure, hit and run and any other misdemeanor crimes, then contact him for a free consultation.
- 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.
- 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.
- 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.
- 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.
- 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.
-
Matthew Kaestner:
I've been arrested / accused, what do I do?
A: Follow three simple steps.
1.) REMAIN SILENT Ð 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 ÒORÓ 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:
- By posting cash
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Return to California DUI Lawyers
|