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Newport Beach DUI Lawyers

1. Sessa, Anthony: DOMESTIC VIOLENCE DUI ORDINARY ASSAULT & BATTERY DRUNK IN PUBLIC FIGHTING IN PUBLIC PETTY THEFT GRAND THEFT POLICE EVASION RECKLESS DRIVING RESISTING ARREST FALSE IDENTIFICATION TO POLICE MARIJUANA POSSESSION & USE DISTURBING THE PEACE INDECENT EXPOSURE LEWD CONDUCT IN PUBLIC PROSTITUTION FAILURE TO APPEAR ETC.
2. Hughes, Scott: Driving Under the Influence (DUI) laws in California are strict and aggressively enforced by law enforcement throughout Newport Beach. Anyone driving in the state with .08% or higher blood alcohol content (BAC) can be arrested or charged with DUI. Officers can conduct a traffic stop on anyone they believe to be driving erratically or in some unsafe manner which they believe may be as a result of intoxication. Once stopped, a person is normally given a field sobriety test, where they are given certain standardized actions to perform which can indicate impaired motor control skills. If you or someone you know has been arrested for DUI, it is very important to contact an experienced DUI defense attorney to provide you with the legal advice you will need in order to fight your charges.
3. Welborn Law Firm: DUI Driving under the influence charges (DUI) can be filed as a misdemeanor or felony. If the case involves serious injury to a person or the client is charged with a fourth misdemeanor conviction within 10 years of three previous convictions then the fourth case can be filed as a felony. Under California law, there are two separate charges for DUI. Vehicle Code ¤23152(a) Ð It is unlawful to drive a motor vehicle under the influence of alcohol and/or drugs Vehicle Code ¤23152(b) Ð It is unlawful to drive a motor vehicle with a blood alcohol level of 0.08% or more A person can be charged with the crime of DUI if they have a 0.08 blood alcohol level in their system OR if they have any amount of alcohol in their system and it effects their driving. In addition, a person can be charged with driving under the influence even if no alcohol is present but they have ingested some other mind-altering substance. This includes both illegal and prescription drugs. Examples of some defenses to DUI charges include: (1) an illegal stop-meaning the police officer illegally stopped a client, (2) the arrest was unlawful or lacked probable cause. (3) police failure to follow testing procedures (Title 17), (4) the client burped, vomited or regurgitated prior to giving a breathe test, (5) Chain of custody issues with a blood sample,(6) the blood sample was somehow compromised, (7) breath testing inaccuracies. The client can choose either a blood or breathe test or can choose to take both. A urine test is no longer an option. A refusal to take a blood or breathe test can lead to a 1 year license suspension. In Orange County, a 1st time DUI normally does not include any jail time as long as there is no bodily injury; A 2nd time DUI (within 10 years of a first conviction) requires a minimum of 96 hours in jail but in Orange County most courts require between 30 and 90 days (with exceptions); A 3rd time DUI (within 10 years of 2 prior convictions) requires a minimum of 120 days in jail but most persons convicted of this crime do between 6 and 9 months in Orange County; A 4th time DUI (within 10 years of 3 prior convictions) requires a minimum of 180 days in jail but most people do a year in county jail or 16 months in state prison. Effect of a Driving Under The Influence charge on your license For every DUI arrest, there is both a court proceeding and a separate administrative hearing before the Department of Motor Vehicles. It is possible to win the court portion of the DUI but lose the DMV portion and have your license suspended or revoked and vice versa. It is important to hire a lawyer who has experience with both the courts and the DMV. PLEASE NOTE, YOU MUST CONTACT THE DMV WITHIN 10 DAYS OF BEING ARRESTED OR YOU WILL LOSE YOUR RIGHT TO A HEARING; IF YOU HIRE MR. WELBOURN, HIS OFFICE WILL CONTACT THE DMV FOR YOU, REQUEST DISCOVERY AND IN MANY CASES OBTAIN AN EXTENSION OF YOUR DRIVING PRIVILEGE. The DMV must prove three things in order to take action against your license in the event you are stopped for driving under the influence: That the officer who stopped you had reason to believe that you were driving in violation of Vehicle Code Section 23152 a or b (23152 is the drunk driving code section and this element requires essentially that the officer observed you weaving, speeding or some other articulable traffic offense that justifies you being stopped.). That you were lawfully arrested; That you were driving with a blood alcohol level of 0.08 or greater. While it may seem that these elements are easy to prove in fact the DMV has several vulnerabilities. First and foremost is that there is generally no testimony at these hearings and thus the hearings are restricted to what is contained in the police report. Thus, if the report omits certain critical facts then there is no one to testify at the DMV hearing to correct them. If the DMV hearing is lost then the following can occur to your license. 1st DUI: 4 month suspension (no driving) OR 1 month suspension + 5 month restriction (limited driving) if the client presents to the DMV with (1) proof of enrollment in an alcohol school for first time offenders; (2) an SR-22 insurance form and (3) a $125.00 fee after the 30 days suspension period is over. 2nd DUI: 1 year license suspension. As long as client is enrolled in 18-month alcohol school they can get back at least part of their driving privilege after the 1-year suspension is elapsed even if they have not completed their alcohol school. 3rd and 4th DUI: Revocation of license for 3-5 years. A revocation requires that once the revocation period has elapsed the client must apply to get his driving privilege back.
4. Cromwell Law Firm: It is extremely important to contact an experienced criminal defense lawyer when you are charged with a DUI drunk driving offense. If you do not act promptly, you may loose your right to a hearing and your driverâs license will be automatically suspended. Your legal problems might really start ö the punishment for a first offense of driving on a suspended license will earn you a minimum of ten days in jail.
5. Coffey & Coffey: California DUI: "DUI" 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 substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) 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 required installation (at the offender's 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.
6. Amy McDonald: The following are a few of the many defenses to a DUI case.
   
   Motion to Suppress Evidence
   (1538.5 motion)
   
   The best defense to a DUI charge is that the officer did not have proper grounds to make contact with you. If you can convince a judge of this fact through a 1538.5 motion, your case will be dismissed without even going to trial. One of the best examples of a good 1538.5 issues is that the officer stopped you for failing to use your turn signal. The only time using your turn signal is necessary is when Òtraffic is being affected.Ó Many police officers donÕt understand this concept, but most judges in Orange County do!
   
   
   No Driving
   
   The first issue a prosecutor has to prove in a DUI case is that you were driving a motor vehicle. In some cases the police officer does not actually see you driving. When only circumstantial evidence exists, the defense that you werenÕt actually driving can be very effective.
   
   
   Scientific Defenses
   
   There are a variety of scientific defenses that require expert testimony. Some are more effective than others depending on the facts of your case.
   
   The two best scientific defenses are:
   
   Rising Blood Alcohol
   The law requires that you not have a blood alcohol level of .08% or greater at the time of driving. What your blood alcohol level was before or after driving is irrelevant if you can prove that at the time of driving, your blood alcohol level was below a .08%. An expert can testify, depending on your drinking pattern, that even though you were a .08% or greater at the time you were tested, you were actually below a .08% at the time of driving. This has proven to be a very effective defense in many cases.
   
   Margin of Error
   The breath test used to measure your blood alcohol level has a margin of error of .01% to .02%. There is builtÐin reasonable doubt on a test result of .08%. This is definitely a very effective argument at trial.