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Los Angeles DUI Lawyers

1. Bakshandeh & Associates: A fun night out with friends can quickly become one of the worst experiences of your life, and if you have been charged with DUI (driving under the influence) you have experienced this quick change first hand. With the legal limit being a mere .08 percent, there is not much room for error as far as drinking and driving is concerned. A person may only consume one or two alcoholic beverages before becoming Òlegally intoxicatedÓ in the eyes of the law. If you or someone you love has been charged with drunk driving in Los Angeles, you need not under estimate the significance of these charges. DUI is a serious criminal offense, and even though it is a fairly common offense, it can still bring about severe repercussions. After being arrested and charged with drunk driving, the only thing to do is to contact a skilled Los Angeles DUI defense attorney.
2. Jeff Voll: ONCE YOU HAVE BEEN CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI/DWI): One of the most important decisions you face right now is choosing an experienced, aggressive trial attorney capable of achieving the best possible results for your case. The very first thing you must do is make sure that either you, or an attorney on your behalf, contact the DMV within Ten (10) days of your arrest to assure your driving privileges are not suspended (request a stay on your license). Once the stay is granted, this is what you can expect to happen: COURT: The officer who pulled you over will provide his reports to the prosecutor's office. The prosecutor may add or delete charges originally brought once he or she obtains the blood alcohol results. You must enter a plea of NOT GUILTY. In no case should you plead guilty right away. It is essential to review all police reports, scientific results, and the procedures used at arriving at a particular blood alcohol level, before you enter a plea. The scientific procedures are not available at such an early stage of the proceedings. It takes time and effort to force the prosecution to provide you every shred of evidence needed to defend your case. You must obtain calibration results of the machines used. You must obtain the protocol used to test and evaluate your blood or breath sample. You must obtain evidence from the crime lab which may establish the machine used was not properly functioning at the time your test was analyzed. You may need the services of an expert witness - called a forensic toxicologist - to help assess your defenses. If you hire an attorney, and your DUI is a misdemeanor, you do not have to appear in court; your attorney can appear on your behalf. You may never have to set foot in court. DMV: The arresting officer will also refer his reports to the Department of Motor Vehicles (DMV). The DMV has its own separate disciplinary proceedings distinct from the court proceedings. Even if the prosecutor offers you the option of pleading to a lesser charge because the case against you is weak, and you decide to take that offer, the DMV may still attempt to suspend your license after it has conducted its own independent review of your case. You can't let that happen. The DMV hearing is a very technical hearing. The DMV reviews only limited issues and they are difficult for non-attorneys to understand. The hearing officers, who are not attorneys and who feel it is their purpose to keep you off the road, will not be sympathetic to you because they view anyone who drinks and drives as a menace. Therefore, it is essential for you to have an attorney at a DMV hearing to properly defend your rights. ANSWERS TO THE MOST COMMONLY ASKED QUESTIONS: Q: Do I have to be drunk to be charged? A: No. In California, if your test reveals a blood alcohol level of .08 or higher, you are charged with two offenses: 1) Vehicle Code sec. 23152(b), Driving with a Blood Alcohol Level of .08 or Higher. That means what it says: your blood alcohol content is at least .08. Not all people are "under the influence" at .08. This is called a "per se" law. 2) Vehicle Code sec. 23152(a), Driving under the Influence of Alcohol. You could be charged with this crime if your test reveals a blood alcohol level below .08. That's because some people are under the influence at lower levels. The prosecution always charges both sections of this code because it gives them two shots at convicting you. Q: I refused to take any field sobriety tests. Will this hurt me in court? A: No. And congratulations for not providing the prosecution with any more false evidence. You are under no legal obligation to take any "field sobriety tests." Most of these tests have absolutely no scientific value whatsoever. Only a few of them have slight value, and that is only to assess that the person may have ingested some alcohol at some time. Most police reports show clients failing these miserably, even when the client has a very low blood alcohol content. In other words, the police often exaggerate how poorly individuals do after they arrest them and they later sit down to write their reports. The fact that you did not take these useless tests cannot be used against you in court. Q: The officer asked me to blow into a machine at the scene of the stop. I refused. Can this hurt me? A: Again, the answer is no. You are under no obligation to concede to the officer's wishes that you blow into the handheld breath machine at the side of the road. You are required to take a blood or breath test at the station if you are arrested. Otherwise, you are not required to take any other test. Q: Will my license be suspended on a first arrest? A: Yes, if 1) you fail to schedule a hearing with the Department of Motor Vehicles (DMV) within 10 days of the date of your arrest. Make sure you schedule this appointment, or have a lawyer do this for you, so you can fight an administrative suspension. These are very complicated and technical hearings. No one should try to handle a DMV hearing without an attorney. Q: The officer did not give me a choice of tests but instead made me take a blood test. Is this okay? A: NO! You have the absolute right to your choice of a blood or breath test in any situation unless it is completely unreasonable to offer you one of the choices. Q: If my license is suspended, and I need to drive to work, can I get a restricted license? A: Yes. If this is a first time DUI, you are prevented from driving anywhere and for any reason for a full 30 days after the license suspension is implemented. However, if you are enrolled in a Drinking/Driving program, and the 30-day initial suspension is completed, the DMV will issue you a restricted license that allows you to drive to and from work, during the course of work, and to and from the Drinking/Driving program during the remaining course of the suspension. If this is a second DUI you may not drive at all for a full year. If you are enrolled in an 18-month second offender Drinking/Driving program, the DMV will issue you a restricted license like the one described above only after you have completed one full year of the 18-month program. The DMV hearing is a very technical hearing. The DMV reviews only limited issues and they are difficult for non-attorneys to understand. The hearing officers, who are not attorneys and who feel it is their purpose to keep you off the road, will not be sympathetic to you because they view anyone who drinks and drives as a menace. Therefore, it is essential for you to have an attorney at a DMV hearing to properly defend your rights.
3. Blum, Edward: Criminal Penalties: A guilty plea to or conviction of a first time DUI may result in: Jail time of up to 6 months. Fines of up to $2500, plus penalty assessments of 170%. 3 year summary probation Mandatory AB 541 3 Month Drivers Safety Course Mandatory AA Meetings. Hospital and Morgues Program. Vehicle Impound/Forfeiture. Or a conviction or plea could result in more serious consequences depending on the circumstances of your arrest, such as your age, whether drugs were involved, or whether there was an injury accident. If you have a commercial license or certificate, you could face a one year loss of license for a first conviction of DUI, even if you have a blood/alcohol level of 0.05%, even if you were driving your personal car at the time. Subsequent DUIs have additional criminal penalties. There are still MORE criminal consequences if you were on probation at the time of the arrest. DMV Penalties: First time offense may result in a 4 month license suspension. At the conclusion of the suspension, you will be required to obtain insurance, show proof of completion of a 3 month driversÕ safety course and pay $100.00 to reinstate your license. Refusal to submit to chemical testing or subsequent offense can result in a suspension of one year or more. Other Penalties: Increased auto insurance premiums for up to 10 years. Loss of time from work to attend Court and Classes. A good attorney can help reduce or negate these penalties by obtaining a dismissal, beating your Case at trial or persuading the judge to issue a lighter sentence. YOU SHOULD ALWAYS STRENOUSLY FIGHT A DUI!
4. Legget, Marc: What Is Misdemeanor DUI? If you have been arrested for your first or second drunk driving offense and there were no injuries involved, chances are you will be facing charges for misdemeanor DUI. Generally speaking, you could be looking at a maximum of six months in county jail along with thousands of dollars in fines and penalties. While jail time is an infrequent result of a first time offense, you will be facing a driver's license suspension, increased insurance premiums and probation as well as the threat of harsher punishment for any subsequent DUI convictions. You Need to Act Quickly If you are facing misdemeanor DUI charges, you need to get an attorney involved as soon as possible to examine evidence and request a hearing with the Department of Motor Vehicles. You only have ten days to request this hearing, which is a must if you hope to save your driver's license from suspension.
5. Sean Tabibian: There are several things that can be done to when challenging a DUI. The first of which is to set a DMV hearing within 10 days of the date of your arrest otherwise nothing can be done to save your license. Some cases rely on breath machine results while others rely on the results of a blood test. If you took a breath test you must realize that the "BA" reading could be inaccurate - very inaccurate. The machine is simply that, a machine. Have you ever heard the phrase "garbage in garbage out." If the operator was not properly trained or the machine was not properly maintained then you may have a basis to fight. If you blood was drawn in medically approved manner then it should be tested by an independent laboratory to see what result that independent lab derives. Many times the independent lab results vary widely from the results gathered by the government in their effort to convict you. Did the officer correctly perform the Field Sobriety Tests? Were you contacted by the police based on reasonable cause to suspect you were violating the law? Theses questions and many more can be asked by an attorney on your behalf and can sometimes lead to outright dismissal of cases. That is not to say that it will happen in your case, but how are you to know if you don't hire an attorney? There are several methods for challenging a DUI charge: * Set a DMV hearing within 10 days of the date of your arrest. Scheduling this DMV review of your case is the only chance a California driver to save his/her drivers license. Failure to do so within the allotted time frame means NOTHING can be done to save your license. * Scrutinization of the Arresting Officer's Methods and Qualifications Some cases rely on breath machine results while others rely on the results of a blood test. If you took a breath test you must realize that the "BA" reading could be inaccurate - very inaccurate. The machine is simply that, a machine. Have you ever heard the phrase "garbage in garbage out." If the operator was not properly trained or the machine was not properly maintained then you may have a basis to fight. * Independent Laboratory Results If you blood was drawn in medically approved manner, then it should be tested by an independent laboratory to verify the accuracy of what is being used in a criminal action against you. Many times the independent lab results vary widely from the results gathered by the government in their effort to convict you. Criminal DUI FAQ * I've just been arrested for DUI. What happens now? The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. * At the time of my arrest, the officer confiscated my driver license. How do I get it back? Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ¤¤23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you. * The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document? You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other * The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me? The hearing is your opportunity to show that the suspension or revocation is not justified. * For how long will my driving privilege be suspended if I took the chemical test? If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: o A first offense will result in a 4-month suspension. o A second or subsequent offense within 10 years will result in a 1-year suspension. o If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year. * Do I need a hearing to get a restricted license to go to and from work? No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office. * The officer stated I refused to take a chemical test. What does this mean? You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: o The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol o Both the blood or breath tests are not available o You are a hemophiliac o You are taking anticoagulant medication in conjunction with a heart condition How long will my driving privilege be suspended for not taking the chemical test? If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: * A first offense will result in a 1-year suspension. * A second offense within 10 years will result in a 2-year revocation. * A third or subsequent offense within 10 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: * A first offense will result in a 1-year suspension. * A second offense within 10 years will result in a 2-year revocation. * A third or subsequent offense within 10 years will result in a 3-year revocation.
6. Jeffrey Rubenstein: The penalties for Driving Under the Influence (DUI) are harsh, particularly if you leave yourself to the mercy of the court. There are many potential punishments for a DUI charge, any one of which could have a serious impact on your lifestyle. Many times, police won't properly follow protocol when booking someone for a DUI. This isn't just a mistake in paperwork--it means that your rights have been violated. If you were not treated fairly in the process, we can move to get your case thrown out of court, so that you don't face any punishments. Even if your charging officer did everything by the books, it's a great help to have a lawyer by your side when it comes to charging or sentencing. It is often up to the discretion of the court how severe your punishment is. For example, your drivers license may be restricted or suspended--the difference being that a restricted license still allows you to drive to work and school. Having a good lawyer on your side can sometimes get your name cleared, but even if the charges stick, we can fight so that the punishment has a lesser impact on your lifestyle.
7. Byrne & Nixon: A company or individual who comes under criminal investigation must be able to respond immediately and intelligently so that important rights are not forfeited or waived.
8. Thomas Forsyth: Being stopped and charged with DUI (driving under the influence) in California is a serious matter. Over the last decade, California lawmakers have significantly increased the penalties and fines for DUI. A conviction leaves you with a criminal record, can involve jail time, and may have adverse consequences for future employment, your drivers license, car insurance, and even immigration status. The new laws also make it a second offense if you are convicted of a prior DUI within the past ten years of the current charge. Some people think you don't need an attorney for a DUI. They say an attorney can't do much more than you could do yourself. While this may be true in some special cases, you should remember that a DUI charge puts into play all the constitutional rights you would have in any criminal matter (Probable Cause for the stop, Search and Seizure, Miranda issues and many more) that an experienced criminal attorney is trained to deal with. There may also be special investigation concerns that a lawyer is best left to handle, such as blood test results and refusal or failure to complete an alcohol test. Many DUI cases are thrown out or successfully defended on one of these issues. You also have the right to a DMV hearing regarding the status of your license, but you must request a hearing from the DMV within 10 days of your arrest. This is a very important right you need to preserve at the onset of your case. Finally, many people are simply intimidated and overwhelmed by the court process. In many cases, if you retain a lawyer, you do not need to attend the court hearings--your lawyer can appear on your behalf and negotiate for you. This option is often helpful for working people who simply can't afford to miss work or don't want to sit in court all day waiting for their case to be called.
9. Robles & Tantraphol: In California, there are two ways to violate the DUI law.  The first way is based on a person's ability to drive while under the influence.  If you take drugs or drink alcohol which has caused your driving ability to become impaired you can be convicted under 23152(a) regardless of blood alcohol content (provided it is above 0%).  The second way is under 23152(b) where a person can be convicted if he or she operates a motor vehicle with .08% blood alcohol content or above regardless of how good or bad his or her driving ability.  A person can also be convicted under Vehicle Code Section 23153(a) - Driving under the influence and causing injury if you are involved in an injury automobile accident while driving under the influence of alcohol or drugs. This offense can be charged as either a felony or a misdemeanor.  If there is a child in the car while driving, the prosecuting agency may also add a charge for Child Endangerment.
10. Bruce Brown: Sure. You could go it alone. Then again, one time could be all it takes to change your life forever.
11. Mark Werksman: Californians who are found to have been driving drunk or under the influence of drugs during an auto accident in which someone died may be charged with second-degree murder. This is but one example of the way alcohol can lead to secondary convictions beyond simply a DUI charge. People of all walks of life find themselves charged with DUI.
12. Kohan Law Office: You should consult an attorney for individual advice regarding your own situation.