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Los Angeles DUI Lawyers

1. Tyler & Wilson: The prosecution needs to prove each and every one of the required elements beyond a reasonable doubt. If there is any doubt, any reasonable doubt, that the alleged facts do not fit the elements of the crime, the jury must acquit the defendant of the charge. It is your right to have a qualified criminal defense attorney investigate the facts of the case, impeach the creditability of adverse witnesses, present direct and circumstantial evidence that provides a reasonable explanation of the facts, and create doubt as to each and every one of the elements of each charge. PROTECT YOUR CONSTITUTIONAL RIGHTS!!! Your Constitutional rights protect you against the State and Federal Government as well as State and Federal Agencies. If you have been arrested, it is your Constitutional right: 1. To have your attorney present with you at every stage of the adversarial proceedings; 2. To have your attorney file motions to suppress the evidence, limit the evidence, and demand production of the evidence; 3. To have a just and speedy public trial; 4. To have your case heard by an impartial jury; 5. To remain silent and not testify against yourself; 6. To have your attorney cross examine the witnesses who will testify against you; 7. To offer evidence as well as have witnesses testify on your behalf to refute the prosecutor's theory; and 8. To appeal the trial court's rulings after trial is concluded.
2. Kahn, Kenneth: You Need a Knowledgeable, Experienced, Aggressive Lawyer to be Your Attorney if you or someone you care about is charged with driving under the influence... (an) effective advocate in the often intimidating and confusing criminal justice system.
3. Bernstein, Barry: Renowned for his history of winning at trail, Barry O. Bernstein maintains an experienced and tested support staff trained in trial preparation, forensic investigations and alternative sentencing.
4. Ehline, Michael: Extra Extra Read All About California Los Angeles DUI News California DUI incidents are often mentioned in the news, such as paparazzi and such. If you want to read about cutting edge California Los Angeles DUI news, Ehline Law is the source of information for you. Extra extra, read all about the latest in DUI news and articles about DUI safety issues directly from Los Angeles DUI defense attorneys. Freeway Accident Injures Two Women and Alleged DUI Driver March 16, 2008 - Read the exciting story by Los Angeles DUI hit and run accident attorneys about how Freeway Accident Injures Two Women and Alleged DUI Driver. Widow Waiting For Justice In DUI Accident March 16, 2008 - Woman left as a widow in alleged DWI accident. The CHP states woman kills man alcohol related. Another Star Another DUI March 18, 2008 - The "Punisher" is arrested to DUI charges by the California Highway Patrol. Singer From Velevet Revolver Pleads Innocent to DWI Charge March 16, 2008 - Singer From Velevet Revolver Pleads Innocent to DWI Charge. Read the latest in celebrity DWI news written by Los Angeles DUI lawyers.
5. David Diamond: If you have been arrested for Drunk Driving, you must request a D.M.V. hearing within 10 days of your arrest. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked. ¥ 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. ¥ 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
6. RK Law Group: ÒDUIÓ 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 substantial 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 offenderÕs 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. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
7. Debra White: DMV Hearings As soon as you are arrested for a DUI, your driverÕs license will be immediately confiscated by law enforcement officials. At this time, you will be issued a temporary permit that is good for 30 days. The only way to get your driving privileges reinstated is to attend a hearing with the California Department of Motor Vehicles (DMV). You have ten days from the date of your initial arrest to schedule this DMV hearing. Failure to do so will result in the automatic suspension of your driverÕs license for up to four months. At the hearing, a representative from the DMV will act as both the judge and the prosecutor in order to determine whether you are guilty of drunk driving. The DMV representative examines any data, information, or evidence gathered by law enforcement surrounding your arrest. At this time, you and your attorney will also have the opportunity to present witnesses and evidence in your defense. After the representative has evaluated all the facts, testimony, and evidence, he/she she will make a ruling to either sustain the suspension on your driving privileges, or have them reinstated. If you have been arrested on DUI charges in Los Angeles, it is important to hire an experienced DUI defense attorney to represent you at the DMV hearing, as well as in criminal court. Many individuals make the mistake of representing themselves. This is NEVER advisable. Without the assistance of a skilled attorney, you are putting your driving privileges in jeopardy and decreasing your chances of success. An attorney well-versed in DUI defense will be able to negotiate on your behalf, challenge hard evidence, and effectively question witnesses in your favor.
8. David D. Diamond:

   Los Angeles DUI Defense

   In the state of California, there are two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b).
   
   
   1. 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
   2. 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
   In most cases, you will be charged with a violation of both 23152(a) and (b). California law states that a defendant charged with drinking and driving can be convicted of BOTH offenses, however, he or she can only be punished for one. Vehicle Code section 23153 sets forth the "felony DUI" charges, where an serious injury results from the drunk driving, and Penal Code sections 191.5 and 192 describe the crime of vehicular manslaughter, where there is a death.
   
   
   ANY PERSON WHO OPERATES A MOTOR VEHICLE SHOULD BE AWARE OF THE FOLLOWING:
   
   
   1. It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
      
      
   2. It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.
      
      
   3. It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
      
      
   4. Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
      
      
   5. If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended for one year.
      
      
   6. For a first conviction, you will be fined $390 to $1,000 and serve 96 hours to six months in jail with three to five years of probation.
      
      1. . . . with each subsequent violation the penalties are enhanced.
         
      2. . . . out-of-state convictions are considered prior convictions in California.
         
         
   1. For a second conviction, you will have the same fines as a first conviction; however, the term of imprisonment will be at least 90 days to one year.
      
   2. For a third conviction in seven years, it can lead to a prison term of two to four years, plus additional fines.
      
   3. A fourth conviction is an automatic felony.
      1. . . . upon a DUI conviction, if you were driving in a reckless manner and exceeding the maximum speed limit by 30 mph on a highway, or 20 mph on any other roadway, an additional 60-day penalty enhancement will be added to your sentence.
         
      2. . . . penalties will be enhanced up to 90 days for DUI if there is a minor child under the age of 14 in the vehicle at the time of arrest.
         
      3. . . . the DUI driver with a minor child under the age of 14 may also be convicted of child endangerment, which is a misdemeanor and is punishable by imprisonment in the county jail for up to one year, or in the state prison for two, four or six years.
         
         
   Note - fines do not include the cost of attorneys, vehicle impoundment or court penalty assessments (which may equal or exceed the original fine).
   
   Any teen who drives should be aware that . . .
   1. . . . alcohol-related traffic collisions kill more young people between 16 and 24 than any other single cause.
   2. . . . it is a crime for anyone under the age of 21 to drink alcohol.
   3. . . . anyone under 21 found driving with a blood alcohol level of .01 percent or higher will automatically lose their driving privilege for one year.
   4. . . . minors found driving with alcohol in their systems who don't yet have a driver's license, or who aren't eligible for a license at the time of the violation, will be disqualified from applying for a license for one year.
   5. . . . a driver under 21 with a blood alcohol level at or above .08 percent (the state's current presumptive level for DUI) can be arrested and prosecuted for driving under the influence.
   6. . . . anyone under 21 who is arrested for any alcohol or drug offense will have his/her license suspended for at least one year. If he or she does not have a license, the offender must wait an additional year before one will be issued.
   7. . . . it is a crime for anyone under the age of 18 with a blood alcohol level of .05 percent or higher to operate a motor vehicle.
   8. . . . anyone convicted of this crime will be sentenced and fined as an adult but will spend his/her sentence in a juvenile correctional facility or California Youth Authority Detention Center. There will also be a mandatory enrollment in an alcohol education program or community service.
   9. . . . the court may order that all fines and fees be paid by the parent(s) of the minor.