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Los Angeles DUI Lawyers

1. Dorman, Gabriel: A DUI (Driving Under the Influence) case is probably the most common criminal charge in California and, for many, represents their first experience of being charged with a crime. Very good, decent, hard working people get arrested for DUIs. Unfortunately, a DUI conviction can have serious consequences. Heavy fines and penalties, loss of driving privileges and even the imposition of jail time are all potential consequences. In general, it all begins innocently enough. You have a couple of drinks with friends after work or a few glasses of wine while out at dinner. On the drive home, you are stopped by the police for some traffic violation such as lane weaving, speeding or a busted taillight. You are then asked to step out of the car, and now you are shivering on the side of the road as the officer begins the investigation. First, the officer rifles questions at you about what you had to drink and eat, then asks you to perform a number of balance and coordination tests and finally asks you to blow into a plastic breath machine, all the while yelling at you to blow harder. Before you know it, you are handcuffed, arrested and taken to the police station where you give a breath or blood sample. You are then fingerprinted and placed in a cold cell. Eventually you are released with a notice to appear in court. Now what? The experience described above is typical of how many DUI cases occur. For most such an experience is incredibly destabilizing. You feel lost, embarrassed and overwhelmed. You are left to wonder what it all means and how will it impact your life? What is the next step? Well, there are actually two separate cases to every DUI case. The first case is the DMV (Department of Motor Vehicles) Hearing. The purpose of this hearing is to determine whether the DMV is going to suspend your driving privilege. The second case takes place in the Criminal Court. The purpose of this is to determine whether you violated the law by driving under the influence and, if so, what the consequences should be; i.e. fines, alcohol school, community service, probation, jail time. California DMV Hearing At some point during the arrest the police confiscated your driverÕs license and gave you a pink piece of paper entitled ÒSuspension Order and Temporary LicenseÓ. This paper serves two purposes: 1. It serves as your temporary license and 2. It serves as a notice to you that your license will be suspended in 30 days, unless a hearing is requested within 10 calendar days of the date of your arrest. Simply put, if you or your attorney does not request a hearing within the10 day period, you will lose your ability to drive. However, if a hearing is timely requested within the10 day period, the suspension of your license will be postponed until such time as 1) you have had your hearing and 2) the DMV makes a decision. (You will not get a decision on the same date of your hearing.) You have the right to have the hearing in-person or over the telephone, however, an in-person should always be requested as this is the best way to maximize your chances of keeping your license. The hearing will take place in a room at a local DMV Drivers Safety Office based upon the city in which you were arrested. You have the right to attend the hearing with your lawyer. You also have the right to present evidence in your defense in the form of documentary evidence and/or witness or expert testimony. The decision as to what kind of defense to put on ultimately depends on the facts of the case. At the hearing, the DMV must prove ALL of the following issues in order to suspend your license: 1. Did the police officer have reasonable cause to believe that you were driving a motor vehicle in violation of the California DUI laws? 2. Were you lawfully arrested? 3. If, at the time of driving, you had a BAC (Blood Alcohol Concentration) of .08% or higher? (This is the legal limit in California) If you win the hearing, the DMV will not suspend your license. However, if you are not successful, the DMV will suspend your driving privilege as follows: 1. First Offense: 4 month suspension (Can be converted to a restricted license after the first 30 days allowing you to drive to, from and within the course and scope of your work and to and from your alcohol school). 2. Second Offense: 2 year suspension (Can be converted to a restricted license after the first year. 3. Third Offense: 3 year revocation. Refusal To Submit to A Chemical Test - In California, if you are arrested for a DUI, you are legally required to submit to a breath, blood or urine test at the police station AFTER you are lawfully arrested. Failure to do so can result in a 1 year license suspension. You must be properly advised of both your legal obligation to submit to the test as well as potential consequences for failure to do so in order for any refusal to be valid. After your arrest, when you are released from jail, you should be given a future date for when you or your California criminal defense lawyer must appear in court. This could be found on your citation or, if you posted bail, on your bail paperwork. This proceeding will ultimately determine whether or not you should be held accountable for DUI. (Please visit the Criminal Court Process page for a description of what is involved with this proceeding.) If you submitted to a chemical test and your BAC reading is .08% or higher you will most likely be charged with two misdemeanor offenses. 1. Vehicle Code 23152(a) - Driving Under the Influence of Alcohol 2. Vehicle Code 23152(b) - Driving with an Excessive BAC (If, by chance, there was an accident resulting in a serious injury to a third party or if this is your 4th offense within 10 years there is a chance you will be charged with a felony.) The prosecutor will rely on a number of factors to prove the case. These factors include, but are not limited to, the following: 1. The driving pattern 2. Performance on the Field Sobriety Tests 3. Objective Symptoms of Intoxication (odor of alcohol, bloodshot/watery eyes, slurred speech) 4. The reading on the Preliminary Alcohol Screening device (PAS) 5. Your BAC (Blood Alcohol Concentration) reading from the breath, blood or urine sample provided at the police station 6. Your answers to questions or other statements made by you. There are a number of ways to defend a DUI case so it is important to hire an experienced California DUI Defense Lawyer who knows what to look for and where to find defenses. A good DUI lawyer will challenge the reason for the stop, check the maintenance and calibration records on the breath machine to see if it was in proper working order at the time the test was given or, if you provided a blood sample, seek a court order to conduct an independent test of the blood at its own laboratory and consult with an expert to review the scientific evidence and procedures. These are just a few examples of what should be done in your defense in an effort to have the charges reduced or dismissed. California DUI Penalties If convicted for DUI in California you can expect to be placed on informal probation, pay a large fine, attend mandatory alcohol education classes, possible community labor or community service or even a jail sentence. Below is a range of potential penalties for DUI convictions: First Offense: * Probation: 1-5 years * Jail: 0 to 6 months * Fines: $390 to $1000 * Mandatory Alcohol Classes: 3 to 9 months * License suspension: 6 months Second Offense within 10 years: * Probation: 1-5 years * Jail: 96 hours to 1 year * Fines: $390 to $1000 * Mandatory Alcohol Classes: 18 months * License suspension: 2 years Third Offense within 10 years: * Probation: 1-5 years * Jail: 120 days to 1 year * Fines: $390 to $1000 * Mandatory Alcohol Classes: 18 months if not already completed * License suspension: 3 years Fourth Offense within 10 years (can be filed as a felony): * Probation: 1-5 years * Jail: 6 months to 3 years in state prison (if felony) * Fines: $390 to $1000 * Mandatory Alcohol Classes: 18 months if not already completed * License suspension: 4 years Aggravating Factors In any DUI case there can be a number of factors that serve to aggravate the case (make it more serious) thereby resulting is harsher penalties. Any of the following can aggravate a case: * Accident * Accident causing injury * Severity of the injury * High BAC (over .15%) * Speeding (30 mph over speed limit on highway/20 mph over speed limit on streets) * Refusing to submit to a chemical test * Child under the age of 14 years old in the car * Prior DUI convictions * Currently on probation for a DUI conviction If you or a loved one has been charged or accused of a DUI, it is important to hire an experienced lawyer with to help you achieve the result you deserve.
2. Garber & Garber: * Vehicular Homicide * Reckless Driving * Burglary * 211 Robbery * Trespassing * Drug Charges (including Possession, Possession for Sale, Distribution of Marijuana, Cocaine, PCP, Methamphetamine, Ecstasy and Other Narcotics) * Juvenile Offenses * Concealed Weapons and Guns Charges * White Collar Crimes * Manslaughter * Homicide, Murder, & Manslaughter * Assault & Battery * Malicious Mischief * Prostitution * Domestic Violence * Child Molestation * Lewd Conduct * Sexual Assault * Rape and Sex Crimes * Sexual Harassment * Terrorist Threats * DWI, DUI and Drunk ving * Contempt * All other Felony and Misdemeanor Charges * Vandalism
3. Mebtahi, Elena: criminal misdemeanor and felony cases, including but not limited to DUI's, driving with suspended licenses, theft, domestic violence cases, assault and battery, hit and run cases, possession of drugs for use or sale, terrorist threat in addition to jouvenile cases
4. Mendoza & Associates: DRIVING UNDER THE INFLUENCE Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152) FOURTH OR SUBSEQUENT OFFENSE within 10 years MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation. WITH OR WITHOUT PROBATION May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. THIRD OFFENSE within 10 years MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation. WITH OR WITHOUT PROBATION May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. SECOND OFFENSE within 10 years MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. WITH OR WITHOUT PROBATION May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. FIRST OFFENSE within 10 years MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. WITH OR WITHOUT PROBATION May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. DMV Penalties for Driving Under the Influence of alcohol and/or drugs FOURTH OFFENSE within 10 years BAC .08 or greater 4 year revocation REFUSAL 4 year revocation THIRD OFFENSE within 10 years BAC .08 or greater 3 year revocation REFUSAL 3 year revocation SECOND OFFENSE within 10 years BAC .08 or greater 1 year suspension REFUSAL 2 year revocation FIRST OFFENSE BAC .08 or greater 4-month suspension REFUSAL 1 year suspension *IMPORTANT: You must schedule a DMV hearing within 10 days after receiving your arrest. DonÕt make the mistake of trying to represent yourself. Again, the consequences could mean jail time, fines, increased insurance premiums, and license suspension.