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Newport Beach DUI Lawyers

1. Cummins & White: Driving Offenses Driving offenses, such as DUIs, driving on a suspended license, reckless driving, and hit and run offenses, can result in severe penalties. These penalties can range from costly fines to suspension or revocation of driving privileges, and even jail time.
2. Rodriguez, Ryan: When you get arrested for a DUI in Newport Beach, you are usually arrested for two separate vehicle code sections: VC 23152(a) and VC 23152(b). Each offense is defined below. One reason why both crimes are alleged is because it possible to have a situation where you are under the influence of a drug and not alcohol, in which case the prosecution would not succeed in charging you with Driving with a .08 Blood Alcohol level or higher in Newport Beach area. In this case the appropriate charge would be VC 23152(a). With a skilled VC 23152(a) Newport Beach DUI defense attorney however, this charge is much more difficult for the prosecution to prove. They often rely on drug recognition experts to prove their case. Driving Under the Influence [VC ¤23152(a)] in Newport Beach area It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. To prove that the individual is guilty of this crime, the Prosecution must prove that: 1 The individual drove a vehicle; AND 2 When (he/she) drove, the individual was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug]. A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug]. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence. An alcoholic beverage is a liquid or solid material intended to be consumed that contains ethanol. Ethanol is also known as ethyl alcohol, drinking alcohol, or alcohol. [An alcoholic beverage includes . A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances. If the Prosecution has proved beyond a reasonable doubt that the individual's blood alcohol level was 0.08 percent or more at the time of the chemical analysis, a jury may, but is not required to, conclude that the individual was under the influence of an alcoholic beverage at the time of the alleged offense. It is not a defense that the individual was legally entitled to use the drug. Driving With 0.08 Percent Blood Alcohol [VC ¤23152(b)] It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. To prove that the individual is guilty of this crime, the Prosecution must prove that: 1 The individual drove a vehicle; AND 2 When (he/she) drove, the individual's blood alcohol level was 0.08 percent or more by weight. If the Prosecution have proved beyond a reasonable doubt that a sample of the individual's (blood/breath) was taken within three hours of the individual's [alleged] driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the individual's blood alcohol level was 0.08 percent or more at the time of the alleged offense. When you are arrested for a DUI in Newport Beach, you have the right to request a DMV hearing in Newport Beach area within ten days of receiving notice of the action against the driving privilege. This notice usually takes the form a pink slip provided to you after you are arrested for a DUI. The DMV hearing is separate and aside from the criminal proceedings. The DMV hearing is different from your court hearing. The DMV hearing will decide the future status of your California Drivers License. The hearing proceedings are tape-recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department of motor vehicles. It is extremely important to contact an experienced Newport Beach DUI attorney immediately so that we can request a hearing on your behalf. Prior to the DMV administrative hearing, the DMV will send our offices all the police reports regarding the arrest. At the hearing, we are informed of the legal grounds for the action, and have the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action and not suspend your license. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action. DMV Hearing is different from court trial for a DUI The DMV Hearing is different from the court trial for a DUI. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of the crime charged against you. The only issues at the DMV hearing are: If you took a blood or breath or (if applicable) a urine test: 1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ? 2. Were you placed under lawful arrest? 3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood? If you refused or failed to complete a blood, breath test, or (if applicable) a urine test: 1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ? 2. Were you placed under lawful arrest? 3. Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years? 4. Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer? It is important to request a DMV Hearing The DMV hearing officer can only set aside the suspension against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision. However, our experienced Newport Beach DUI and DMV hearing attorneys can successfully expose weaknesses in the police reports and police officers testimony at the hearing by effective cross-examination that can later be used in court against both the police officer and prosecution.
3. Bruggeman, Michael: Those accused of crimes have constitutional protections not afforded in other areas of the law. These rights include the right to an attorney of the accused's choosing, the 5th Amendment privilege against self-incrimination, the right to a jury trial within a specified time, the right to see, hear and confront all the evidence presented against them, and the right to present evidence and witnesses on their own behalf. Proof beyond a reasonable doubt must be produced to convict a person of any class of crime.
4. Joseph Low: 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. It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway. 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. 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. 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.
5. Randell Monaco: If you have been arrested for DUI offense in California, you are facing very serious charges, the possibility of mandatory jail time and maybe even the loss of your driver's license. You will need an experienced and aggressive DUI defense lawyer to immediately assist you in protecting your rights and representing you in both the criminal justice system and with the DMV. These matters are difficult, but they can be successfully defended by an experienced and aggressive criminal defense lawyer.
6. John Barton: The police will send various reports to the prosecutor's office. After your case is reviewed, the prosecutor will probably file at least two charges against you: Vehicle Code 23152(a), driving under the influence, and Vehicle Code 23152(b), driving with a blood alcohol of .08% or more. Although these charges are related, each is a separate misdemeanor offense and each carries a maximum penalty of 6 months in jail and a $1000.00 fine. If you have any prior convictions for DUI, the penalties are even more severe. If there was an accident and anyone was injured, the charges could be felonies [VC 23153 (a) and (b)]. The officer will confiscate your license and give you a temporary one good for 30 days. After that, the DMV will suspend your license for four months (on a first offense), one year on a second offense, no matter what happens in court. The only way to attempt to avoid this is to immediately schedule a DMV hearing. The DMV is completely separate from the courts, and there are only a few technical issues the DMV will consider. Your chances with an experienced attorney on your side are much better.