Brought to you by Colorado DUI Drunk Driving Defense

Los Angeles DUI Lawyers

1. Private Defender 4U: Drivers convicted of a DUI in Southern California face possible jail time, especially for a second or third DUI offense, the loss of their driving privileges, higher insurance rates if they can obtain insurance and a conviction on their record.
2. Jackson, Luke: We know that being arrested and facing criminal charges is one of the most distressing experiences you can go through. During this difficult time, you need a criminal defense lawyer you can depend upon, who will give you the personal attention and aggressive representation you need to ensure your constitutional rights are not violated and that you have the greatest chance of avoiding a conviction and maximum criminal penalties. The police often overstep their bounds and prosecutors often do likewise in filing charges. Let us verify that your Miranda rights and other rights were not infringed upon and that you have the most aggressive defense possible in these troubling times.
3. Trivino-Perez, Wilfredo: If you have been arrested for a DUI Following an arrest for driving under the influence (DUI) there are two separate and distinct procedures. The first is the court hearing, to determine guilt or innocence of the accused, and the second is the DMV administrative hearing, to suspend the driving privileges of the DUI driver. Criminal Prosecution A proper defense in a DUI case includes an analysis of the law, the evidence (blood alcohol test, breath test and field sobriety tests) and the facts to determine whether the defendant's constitutional rights were respected. An officer can arrest a driver for simply being under the influence of alcohol without any reference to the blood alcohol level at all. The consequences of a DUI conviction are severe. The conviction is on your record for seven years, and a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.) There is a considerable amount of research that an attorney needs to do to defend against a DUI case and an administrative hearing. For instance, if someone takes a breath, counsel should check the machine maintenance and calibration records. The officerÕs radio logs should be requested to see if the machine was working properly and whether the officer spent the required 15 minutes of observation time prior to taking the breath sample (required by Title 17 of the California Code of Regulations). If someone took a blood test, her attorney should request a "blood split", have the sample sent to an independent lab for testing for preservative, and confirm the blood alcohol level. Also, if it was only a short time since the last drink was consumed (usually within 30 minutes of the traffic stop or accident), then some of the recently consumed alcohol may still have been in the stomach and not yet digested, which means the blood alcohol sample obtained by law enforcement may actually be higher than it was at the time of driving. This is called a "Rising Blood Alcohol Defense" and is very persuasive in a low blood alcohol level cases. There are many more defenses that may apply to your case.
4. Monroe, Jennifer: Driving under the influence can be prosecuted as a misdemeanor or a felony depending if there was an accident that resulted to injuries to another person, and the number of prior convictions you have. First offenses are prosecuted as misdemeanors and are facing up to six months in jail, fines around $2000, mandatory alcohol classes up to 9 months long, and license suspensions. Second time offenses are prosecuted as misdemeanors and are facing a minimum of 96 hours to a year in jail, fines over $2000, mandatory alcohol classes up to 18 months long, and license suspensions. Third time offenses are prosecuted as misdemeanors and are facing a minimum of 180 days to 1 year in jail, fines over $2000, mandatory alcohol classes up to 18 months long, and license suspensions. Fourth time offenses and offenses that caused an injury to someone else (regardless if it is a first offense) are prosecuted as a felony and face state prison. All convictions for driving under the influence result in points on your driving record. You may be eligible for a dismissal or lesser charge that qualifies you for, diversion, probation, or community service instead of county jail or state prison. * Fight to protect your rights. * Research the defenses that apply to your case. * Review the facts with you to determine if a lesser charge is appropriate. * Present mitigating factors about you and your case to the judge and prosecutor. * Negotiate the best possible result for your case.
5. Campbell & Faal: You should consult an attorney for individual advice regarding your own situation.
6. Kosnett & Durchfort: Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
7. Robert Hale: Can I refuse a Breathalyzer test? A: Although the answer can vary by state, in many cases such a refusal is itself a criminal violation subject to stiff penalties. In addition, if the case against you is proven anyhow, the penalties for the refusal may be above and beyond those for the drunk driving itself.
8. Guzin & Steier: DUI Conviction Is Not a Crime of Violence for Purposes of Alien Deportation 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 More... DUI Laws in Every State and the Consequences of DUI Conviction Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating More...
9. Jerry Fernandez: Generally, higher BAC levels cause eye jerking at smaller angles. Law enforcement officers look for three specific HGN signs in both eyes of a DUI suspect, scoring each clue and using the total score as an indicator of impairment. Common HGN signs include: Lack of Smooth Pursuit jerky eye movements as eye tries to keep on target with a moving stimulus Distinct Nystagmus at Maximum Deviation eye appears to quickly bounce back and forth for at least four seconds at extreme lateral gaze Onset Prior to 45 Degree Gaze Angle jerking is distinct and continuous at an angle of gaze prior to extreme lateral gaze Because it measures BAC levels based on an involuntary physiological response, the HGN test has proven to be the most accurate individual component of the SFST battery for detecting BAC levels between .08% and .12%. In contrast, many DUI suspects are able to perform the WAT and OLS tests (both physical agility exercises) acceptably even when impaired. Based in part on the accuracy of scientific tests as opposed to physical agility exercises, the NHTSA recently added the Vertical Gaze Nystagmus (VGN) test to the SFST protocol. VGN occurs at maximum deviation of the eyes upward and indicates high BAC levels. <
10. Marc Legget: Evidence of a criminal defendant's prior crimes or convictions may be relevant in a proceeding for a subsequent offense. Notwithstanding the relevance of such evidence, the Federal Rules of Evidence (FRE) generally prohibits the use of evidence of prior crimes to prove the character of the person against whom it is introduced. Specifically, FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs, or acts...in order to show action in conformity therewith."
11. Sean Tabibian: If you or someone you know has been accused or arrested, you will need an aggressive, experienced, and knowledgable diverse team on your side.
12. Chris Masjedi: To preserve your right to drive in California, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days, or else the DMV must issue a stay of the suspension, so you will be able to continue driving pending the hearing. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.
13. Neil Shouse: The three most common DUI charges in California fall under the following statutes: Vehicle Code 23152(a) - Driving under the influence of either alcohol or drugs. This section of the law does not require a minimum blood alcohol concentration. You may be "under the influence" even if your blood alcohol concentration is the below .08 threshold for section (b) below. Vehicle Code 23152(b) - Driving with a blood alcohol concentration (BAC) of .08 or above. Vehicle Code 23153(a) - Driving under the influence causing injury. This offense is a felony, but can also be charged as a misdemeanor under Vehicle Code 23554.
14. Marty O'Toole: Of all of the field sobriety tests used by police officers to determine a driver's level of intoxication in DUI arrests, the Horizontal Gaze Nystagmus (HGN) test is the most popular among law enforcement officers for effectively determining evidence of a driver's blood-alcohol concentration (BAC). HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.
15. Caree Harper: In order to conduct DUI checkpoints within the limits of the Fourth Amendment, law enforcement officers should operate stops in a manner minimally intrusive on the rights of motorists. Some of the characteristics of a constitutionally permissible DUI sobriety checkpoint might include: Checkpoint locations determined by commanders or first-line supervisors Advance publicity of the checkpoint Warning signs placed along the highway to notify motorists Adequate lighting Ample room to conduct the stop at a safe location Officers in full uniform and readily identifiable