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Oakland DUI Lawyers

  1. Cross, Alexander: D.U.I. Descripci—n general de DUI ... Arrestado por DUI? En las Oficinas Legales de Alexander Cross y Asociados,centramos una parte importante de nuestra pr‡ctica en el ‡rea de la defensa de DUI. Los cargos por conducir bajo la influencia de alcohol o drogas puede conducir a costosas multas, penas de c‡rcel, y la pŽrdida de los privilegios de conducir. ÀQuŽ es exactamente DUI? ÀEs diferente de DWI? En California, DUI, conducir bajo la influencia del alcohol u otras drogas. Conducir en estado de ebriedad (DWI), es simplemente otra forma de decir DUI. Es un DUI un crimen o un delito? Una primera ofensa de DUI generalmente se cobra como un delito menor. Sin embargo, si alguien result— herido, o si ha habido varias condenas por DUI, el cargo puede ser presentada como un delito grave. Lo que constituye el DUI? Una concentraci—n de alcohol en la sangre (BAC) de .08 por ciento, mientras conduce, constituye un DUI. Un BAC de .15 por ciento o superior puede dar lugar a sanciones mayores. ÀPuedo negarme a que me hagan una prueba de BAC? California tiene una ley de consentimiento impl’cito, lo que significa que por tener una licencia de conducir, usted da su consentimiento para medir su BAC. Usted puede negarse a someterse a una prueba de sangre u otra prueba de sobriedad, pero que puede resultar en una multa, la suspensi—n de su licencia, o el tiempo obligatorio de c‡rcel. ÀQuŽ tipo de sanciones enfrento si este es mi primer delito DUI? Dependiendo de la gravedad y circunstancias del delito, una condena por DUI en California se castiga con una multa de hasta $ 2.000, tiempo en la c‡rcel entre 48 horas y seis meses, la suspensi—n de licencia de 30 d’as y cuatro meses, en la escuela para primer delito, y tres a–os de libertad condicional informal. El tribunal puede pedir que su veh’culo sea confiscado o requerir que un dispositivo de ignici—n se instale en su vehiculo. Si usted es menor de 21 a–os, es probable que tambiŽn se enfrente a la suspensi—n de licencia hasta por un a–o y clases obligatorias de educaci—n sobre el alcohol. ÀQuŽ tipo de sanciones enfrento si este es mi segundo delito de DUI o de terceros? Si usted ya tiene una o m‡s condenas de DUI dentro de los œltimos diez a–os, la existencia de condenas adicionales se castigan con: una multa de hasta $ 3.000, tiempo en la c‡rcel entre 30 d’as y un a–o, suspensi—n de la licencia por un a–o, la educaci—n de DUI por entre 18 y 30 meses, y de tres a cinco a–os de libertad condicional informal. Mœltiples condenas por DUI tambiŽn puede resultar en la revocaci—n de su licencia de conducir y una orden para confiscar su veh’culo. ÀQuŽ pasa si estoy en libertad condicional por un delito antes de DUI? El 1 de enero de 2009, si usted est‡ en libertad condicional por DUI y se encontr— que ten’a una BAC de .01 por ciento o m‡s durante la conducci—n, que puede enfrentar la suspensi—n de licencia, una multa por violaci—n de libertad condicional, y la confiscaci—n del veh’culo. He sido arrestado y acusado de un DUI. ÀQuŽ debo hacer? Usted tiene diez d’as para solicitar una audiencia para impugnar la suspensi—n o revocaci—n de su licencia de conducir. Un abogado puede ayudarle a bien presentar su solicitud, a identificar todas las opciones, y abogar por usted en contra de la DMV.
  2. Bequette, Todd: criminal defense
  3. Babcock, Erik: criminal defense
  4. Mintz & Giller: Criminal Defense Violent Crimes White Collar Crimes Drug Crimes Sex Crimes Appeals/Post-Conviction Relief More
  5. Traback Du Bois & Ikuma: More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible. Frequently Asked Questions About Drunk Driving Q: What is "blood-alcohol concentration" or "blood-alcohol level"? A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds. Q: Can I refuse a Breathalyzer¨ test? A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case. More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible. When charged with a DUI, you must request a DMV hearing within 10 days to preserve your license. Even if your license has already been suspended, the Bay Area lawyers of Traback & Du Bois can begin work immediately to minimize your jail time. For more about our drunk driving practice, visit our main DUI page; to learn more about drunk driving charges in general, read the following: Overview of the Crime of Drunk Driving Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to all or most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include: Loss or suspension of license Large fines Substance-abuse treatment Jail or prison time Community service Restitution Restrictive probationary programs In addition, the social stigma and sometimes the difficulty of dealing with the pain of having harmed an innocent person may have lifelong negative consequences. The Role of Probation in Drunk-Driving Sentencing Probation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders. Probation is a criminal sentence served in the community, rather than in jail or prison. Most states limit terms of probation to a maximum of five years. If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, advocate for a fair sentence. The Prosecutor's Role in a Drunk-Driving Case Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge, and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys, or states' attorneys. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Reliability of Breath-Test Results in a Drunk-Driving Case In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation. The Impact of a Drunk-Driving Conviction on Your Auto Insurance An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation, and others. If you are arrested for or charged with drunk driving, a criminal-defense lawyer can advise you about your legal rights and help you fight the charges.
  6. Simmons, Kathryn: Drunk Driving DWLS MIPs Reckless & Careless Driving Probation Violations All Misdemeanors Criminal Appeals All Traffic Tickets Motor Carrier Open Intox Drivers License Appeals and Restoration
  7. Kapsack & Bair: On your ticket, or somewhere in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time. Following the attorney represented cases the judge will begin calling the non-attorney cases. At some point the judge will ask you to enter a plea to the charges, at this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights including your right to a speedy jury trial.
  8. Cosgrove, Russell: DUI Defense & DMV Hearings Including: DUI Alcohol DUI Drugs DUI With Accidents & Injuries DUI With Prior Convictions DMV Administrative Per Se Hearings DMV Lack Of Skills Hearings DMV Medical Hearings DMV Negligent Driver Hearings
  9. Coopersmith, Alanna: DUI/Drunk Driving ItÕs not always illegal to drink and drive. It is illegal to drive under the influence of alcohol or drugs or drive with a blood-alcohol-level of .08% or higher.Driving Under the Influence/Drunk Driving Field sobriety tests have become an object of pop culture. ItÕs an article of faith that such tests tell the difference between who is intoxicated and who is not. In truth, such tests can be highly subjective and inaccurate. Even breath tests and blood tests can be unreliable as a true measure of a personÕs blood alcohol level when driving. ItÕs important to hire a lawyer who is familiar with the evidence in DUI/DWI cases, knows how to perform a thorough investigation, and is able to launch a withering attack of the testimony of supposed expert witnesses, including highly-scripted California Highway Patrol officers.
  10. Ogas, Tom: Misdemeanors are any crimes that are punished by up to one year in the county jail. Misdemeanor crimes do not send someone to prison. They are generally simple or petty crimes. Some examples of misdemeanor crimes are: Driving on a Suspended License, Petty Theft, Battery (hitting someone), Vandalism, and Tresspassing. Many times the punishment for a misdemeanor is light enough that jail time can be avoided entirely. But not always. Some serious facts, or cases with many misdemeanor charges can add up to substantial jail time. First, you are ÒArraignedÓ on the ÒComplaintÓ that the District Attorney's Office filed against you. That means, you personally show up in court and a judge reads you the charges against you and asks you if you want to admit them (plead guilty) or deny them (plead not-guilty). If you plead guilty, you are sentenced right then and there by the judge. You have to do what the judge says, even if he says you have to go to jail. YouÕll have to pay some fines and youÕll be on informal probation for several years. However, your case will be over at this point. If you plead not-guilty, the judge will give you or your attorney a copy of the complaint and all the papers that support it. You will then be given a court date to come back to court and see another judge about your case. Before the next date, your attorney will review all of the papers and the charges against you. You will meet with your attorney to discuss the case. Sometimes this is done by telephone. At the next court date, your attorney will talk to the Deputy District Attorney and possibly the judge to try to negotiate or settle your case. If a deal cannot be reached, then the case is usually set for trial. In Misdemeanor cases, you have a right to have a Jury Trial, just like in Felony cases. The above is posted solely as general information, and is not meant to serve as legal advice of any kind. By reading this page, you are not engaging in any sort of attorney-client relationship with The Law Office of Thomas J. Ogas, nor should you rely upon the information posted on this page to make any sort of decision other than who to hire as your attorney. Please, if you are in any criminal trouble, consult with a lawyer immediately. Reading about the law online is not enough!
  11. Whitaker, Eric: + Afflordable Flat Fee DUI Defense + First and Second Time DUI Arrests + CA DMV Hearing Representation
  12. Cross, Alexander: What exactly is DUI? Is it different from DWI? In California, DUI means driving while impaired by alcohol or other drugs. Driving while intoxicated (DWI) is simply another way of stating DUI. Is a DUI a felony or a misdemeanor? A first offense DUI is usually charged as a misdemeanor. However, if someone was injured, or if there have been multiple DUI convictions, the charge may be filed as a felony. What constitutes DUI? A blood alcohol concentration (BAC) of .08 percent, while driving, constitutes a DUI. A BAC of .15 percent or higher may lead to increased sanctions. Can I refuse to have my BAC tested? California has an implied consent law, meaning that by having a driver's license, you consent to have your BAC measured. You may refuse to submit to a blood test or other field sobriety test, but that can result in a fine, suspension of your license, or mandatory jail time. What kind of penalties am I facing if this is my first DUI offense? Depending on the severity and circumstances of the offense, a DUI conviction in California is punishable by a fine of up to $2,000, jail time between 48 hours and six months, license suspension between 30 days and four months, first offender school, and three years of informal probation. The court may order your vehicle to be impounded or require that an ignition interlock device to be installed. If you are under the age of 21, you will likely also face license suspension for up to a year and mandatory alcohol education classes. What kind of penalties am I facing if this is my second or third DUI offense? If you already have one or more DUI convictions within the last ten years, any additional convictions are punishable by: a fine of up to $3,000, jail time between 30 days and one year, license suspension for one year, DUI education for between 18 and 30 months, and three to five years of informal probation. Multiple DUI convictions may also result in the revocation of your driver's license and an order to impound your vehicle. What if I am on probation for a prior DUI offense? As of January 1, 2009, if you are on probation for DUI and are found to have a BAC of .01 percent or higher while driving, you may face license suspension, a citation for probation violation, and vehicle impoundment. I have been arrested and charged with a DUI. What should I do? You have ten days to request a hearing to contest the suspension or revocation of your driver's license. A lawyer can help you properly file your request, identify all your options, and advocate for you against the DMV.
  13. Phan, Nguyen & Associates: DUI AND THE DMV The DMV in California keeps DUI convictions on your DMV record for a minimum of 10 years. A result of a DUI on your record can possibly lead to higher auto insurance costs as well as also jeopardize your credit rating and employment. The penalties for a DUI increase significantly if you have had other factors including prior DUI convictions, if you were stopped for speeding, or if you had an accident while driving under the influence. DMV administrative hearings for the city of Oakland and other Alameda County DUI cases are typically handled from the DMV Oakland administrative office located in Oakland. If you have been recently arrested for a DUI, you strongly suggested to fax a request to the DMV for a California DMV administrative hearing. The information for the Oakland DMV administrative hearing office is below: DMV Administrative Office 303 Hegenberger Road 4th Floor, Suite 400 Oakland, CA 94621 Phone: (510) 563-8900 Fax: (510) 563-8950 IF YOU HAVE JUST BEEN ARRESTED FOR DUI YOU MAY HAVE YOUR LICENSE SUSPENDED You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. If you lose the DMV APS hearing: * A first offense will result in a 4-month suspension. (you must wait 30 days from the start of the license suspension before you can apply for a restricted license. See Vehicle Code 13353.7 . To get the restricted license, you must (1) be enrolled in the 3 month first offender alcohol program, (2) have your SR-22 proof of insurance, and (3) Pay the DMV fee. * A second offense will result in a 2 year license suspension.. (You can apply for a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your SR-22 proof of insurance, (3) Pay the DMV fee and (4) have installed an ignition interlock device on your vehicle. The restricted license allows you to drive to work, school and an alcohol program during the balance of the two-year suspension period. * A third offense will result in a three-year drivers license suspension. (If you do get hit with the three-year license suspension, you may obtain a restricted license in as early as 18 months. But you must first have completed at least the initial 12 months of an 18-month or 30-month alcohol program (depending on which one the court imposes). You must also have your SR-22 proof of insurance, have an ignition interlock device installed in your car, and pay a $125 fee to reissue your drivers license. If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: * A first offense will result in a 1-year suspension. * A second offense within 7 years will result in a 2-year revocation. * A third or subsequent offense within 7 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: * A first offense will result in a 1-year suspension. * A second offense within 7 years will result in a 2-year revocation. * A third or subsequent offense within 7 years will result in a 3-year revocation. TYPICAL CRIMINAL PUNISHMENT SENTENCE FOR A FIRST TIME DUI: 1st Offense, No prior DUI Offense * License Suspension: 6 Months * Probation: 1-5 Years * Mandatory Alcohol Classes: 3 to 9 Months * Fines: $390.00 to $1,000.00 * Possible Jail: 0 to 6 Months Second Offense within 10 years * Possible Jail: 96 hours to 1 Year * License Suspension: 2 Years * Mandatory Alcohol Classes: 18 Months * Fines: $390.00 to $1,000.00 * Probation: 1-5 Years Third Offense within 10 years * Possible Jail: 4 Months to 1 Year * License Suspension: 3 Years * Multiple Offender DUI school: 18 Months * Fines: $390.00 to $1,000.00 * Probation: 1-5 Years Fourth Offense within 10 years **Can be filed as a felony * Possible Jail: 6 Months to 3 Years * License Suspension: 4 Years * Multiple Offender DUI school: 18 Months * Proposed Fines: $390.00 to $1,000.00 * Probation: 1-5 Years (or state prison) In some cases, a DUI can be reduced to a wet reckless, or dry reckless, speeding or drunk in public. Potential benefits of pleading to a "WET RECKLESS" Vehicle Code ¤ 23103 and 23103.5 . : *Lesser or No Jail Time *Shorter Probation Period *Shorter Alcohol Program *Court is not required to restrict or suspend driver's license However, keep in mind that a Wet Reckless is still priorable for 10 years and will be viewed as a DUI if you are later charged with another DUI. Contact Us to consult a DUI lawyer. DUI With Injury Defined An intoxicated driver who causes an accident in which another person is injured can be charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the offense: It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher], to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver More Serious Penalties for "DUI With Injury" The charge of DUI with injury carries much more serious consequences than a standard first time DUI offense. If the district attorney charges it as a misdemeanor, a client faces up to a year in jail (plus the other standard DUI penalties). If the district attorney charges it as felony DUI, a client faces up to 3 years state prison (plus an additional year for each additional person who is injured). Also note that if any of the injured parties has serious injuries, a DUI client may be charged with a "great bodily injury" enhancement. This is significant becuase this adds up to three additional years of state prison. **The "great bodily injury" enhancement makes the DUI offense a strike under California's Three Strikes law.
  14. Mehlman TerBeek: DWI and DUI Driving While Intoxicated or Driving Under the Influence (DWI or DUI) is one of the most common criminal charges faced by the average person. Police officers enforce DWI laws strictly, and it is easy to be wrongly accused. Penalties for DWI cases have also become more and more severe in recent years: a person charged with a second DWI can face up to a year in jail and a $4000 fine. Deferred adjudication is specifically disallowed in DWI cases. If your license is suspended because of a DWI violation, you will have to pay $1000 a year for three years to be able to drive. If you have been arrested for Driving While Intoxicated, you need an aggressive criminal defense lawyer with the knowledge and experience to hold the state to its burden. What about my license? If you are arrested for a DWI, call a lawyer immediately. You have a limited time to contest the revocation of your license, and the results of a revocation hearing can help you in the criminal case later on. DWI penalties Penalties for Driving While Intoxicated are becoming increasingly severe. The punishment depends on the circumstances of the arrest: * First Offense: A fine not to exceed $2,000 and/or the possibility of jail time from 3 days to 180 days, as well as a driver's license suspension of 90 to 365 days (class B misdemeanor) * Second Offense: A fine not to exceed $4,000 and/or jail from 30 days to one year, as well as a driver's license suspension ranging from 180 days to 2 years (class A misdemeanor) * Third Offense: A fine up to $10,000 and/or 2 to 10 years of imprisonment, as well as suspension of your driver's license ranging from 180 days up to 2 years (third-degree felony) * First Offense with an Open Alcohol Container: In addition to the penalties referenced above for a first offense, you face a minimum of 6 days in jail and a fine of no more than $2,000 (class B misdemeanor) * DWI with an Accident Where Serious Bodily Injury Occurred as a Proximate Cause of the Intoxication (Intoxication Assault): A minimum of 2 years up to a maximum of 10 years in jail and a possible fine of up to $10,000 (third-degree felony) * DWI Where a Death Has Occurred as a Proximate Cause of the Intoxication (Intoxication Manslaughter): A maximum fine of $10,000 and/or imprisonment from 2 to 20 years (second-degree felony) Don't face this alone
  15. Ahmed, Nabiel: * Child Abuse * Contempt * DMV * DUI * Drug Offenses/ Sales/ Possession * Domestic Violence Cases * Embezzlement * Expungements * Internet Crimes * Juvenile Delinquency * Restraining Orders * Restoration of Rights * Probation Violations * School Suspensions * Theft Crimes * Traffic Violations * Vandalism * Warrants * Weapon Offenses * White Collar Crimes * Writs & Appeal
  16. Burris, John: Facing Criminal Charges? Victim of Illegal Police Tactics?
  17. Slain, Douglas: DUI CHARGES were brought against more than 1. 3 million drivers in 2007 in this country, almost 190,000 in California alone. Two proceedings In California when you are arrested for drunk driving you face two distinct proceedings with two distinct agencies: The DMV hearing This is a technical hearing run by the California Department of Motor Vehicles. YOU MUST SCHEDULE THIS HEARING WITHIN 10 DAYS OF YOUR ARREST ON THE DUI. If you do not schedule this hearing, your license will be automatically revoked 30 days following the arrest. The DMV hearing is very informal and is administered by a hearing officer who is neither a lawyer nor a judge. Most clients do not understand that it is NOT their responsibility to prove that the suspension is not justified. The DMV must prove that a suspension is justified! In addition, what occurs in the DMV hearing can impact what will occur in the DUI hearing coming up in Superior Court, so you have all the more reason to deal with this hearing appropriately. The Superior Court criminal case This consists of several hearings, starting with the arraignment, followed with a preliminary hearing, pre-trial conference, and then the trialÑif your lawyer takes it to trial. Usually a good DUI lawyer will not have to go to trial to get the best result possible. Depending on your facts, you are facing some of the following: * Community service * Fines * Jail time * Education classes If your facts include over .20% blood alcohol level, driving with a minor, driving recklessly or speeding, or a prior DUI in the last 10 years, you may be facing some of the following: * Jail time, even prison time * Vehicle impoundment * Ignition interlock device on your vehicle * Heavy fines Penalties if convicted First offense: * Fines up to $1,800; suspension of license for 6 months; jail time/probation optional; at least 5 months of alcohol education class. Second offense: * Fines up to $2,000; suspension of license for two years; 96 hours jail time (minimum); alcohol program from 18 to 30 months; possible vehicle impoundment Third offense: * Fines up to $2,000 but with possible mandatory treatment options (which are expensive); suspension of license up to three years; 120 minimum jail time; alcohol program up to 30 months; vehicle impoundment; possible other consequences Fourth offense: * Fines up to $2,000 plus mandatory treatment programs; jail time of up to 9 months or prison time of up to three years; suspension of license for four years; and other consequences, such becoming a felon for the rest of your life (a fourth offense is treated as a felony). Further offenses: * It gets worse and worse. For starters, you can go to prison for up to five years. Final note, as I tell each of my clients: ÒNo matter how bad this is going to be, assuming we cannot live with a negotiated guilty plea, it will be far, far worse if you do this again within the next 10 years.Ó
  18. John Bell: If you have been charged withmultiple DUIs, you may face a felony DUI charge. If you had excessively high blood alcohol content or injured someone while under the influence, you may face harsher DUI penalties.
  19. Douglas Slain: A drunken driving arrest can ruin a beautiful wine country vacation. If you have been arrested forDUI/DWI in California, you may be facing driver's license revocation, stiff fines, and maybe even jail time.
  20. Gregory Ward:
    1. Never give a statement to the police. What you say is admissible in court only if it hurts you. The district attorney charges countless cases each year that would be unprovable in court except that the defendant gave a statement. If youve already provided a statement, there may be things that can be done to undo or minimize the damage.

    2. Never believe what the police tell you. They may be nice to you, but they're looking to put a case together that will hold up at trial. Off tape, they will deceive, make false promises, and say whatever it takes to get you to waive your rights. Although statements and confessions are sometimes thrown out of court because they were unlawfully obtained, police are never disciplined for tricking a suspect into waiving his rights. Never assume the police are telling you the truth.

    3. Never talk about your case with anyone except your lawyer. All statements made by you about what happened, written or verbal, are admissible against you at trial. Letters sent to employers sometimes get turned over to the prosecution. There are inmates who are looking to testify against someone so they can get a good deal in their case. If in jail, never show your police report to anyone.

    4. Never talk about your case over a jail telephone, except to your lawyer. All telephone calls from the jails are tape-recorded. You should assume your conversations will be reviewed by law enforcement, and that tapes of your conversations will be turned over to the prosecutor.

    5. Do not attempt to be your own lawyer, or to manipulate your case, such as by lining up false witnesses. This is a strategy that almost always backfires at trial.

    6. Avoid getting legal advice in the jail. When it comes to the law, not much of what you hear in jail is accurate. There are, unfortunately, a lot of people in jail or prison right now because they followed the advice of a jailhouse lawyer.

  21. Robert Beles: Drunk-driving charges can have grave effects on your future. Loss of driving privileges is a severe punishment in American society, where cars are the lifeline of most people. Jail time, probation, fines, and a criminal record may also result from DUI charges.
  22. Traback & Dubois:

    Some of the automatic penalties associated with a DUI include:

    1. First DUI Ð Four months to one-year loss of driverÕs license
    2. Second DUI Ð One to two year loss of driverÕs license
    3. Third DUI Ð Three-year loss of driverÕs license

    The maximum penalties for first time DUI offenders include:

    1. Up to six months in jail Ð 48-hour minimum
    2. $1,500 fine and penalties
    3. 16-week drinking driver program
    4. 3-5 years probation
    5. 2 points on your driving record
  23. Lawrence Ward:

    When someone is arrested by the police, a specific series of events follows.  The police must follow legal procedures during the actual arrest process, and at many other stages along the way to actually placing a suspect in jail. 

    1. An arrest occurs when police take you into custody and is complete the moment you, as the suspect, are no longer free to walk away from the arresting officer.
    2. In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona , that individuals who are under arrest for suspicion of having committed a crime have certain rights that must be explained to them before any questioning may occur.  The rights are designed to protect your right to be free from self-incrimination under the Fifth Amendment to the U.S. Constitution. There are five different rights, known as the Ò Miranda Rights Ó:            
    1.       You have the right to remain silent and to refuse to answer questions.
    2.       Anything you do say may be used against you in a court of law.
    3.       You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
    4.       If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
    5.       If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

    Note :  Miranda rights must only be read when an individual is in police custody and is under interrogation.  Therefore, if the police stop you to give you a traffic ticket, and you start explaining to them why you were speeding, you cannot later protest that you were not read your Miranda rights.  While the police may have been ÒinterrogatingÓ you in a certain sense, you were not in police custody.

  24. Daniel Horowitz: You deserve a lawyer who can deliver in the courtroom.
  25. Kristina Kliszewski: Drunk Driving: Traffic violations have serious criminal consequences especially when a driver is accused of drunk driving or driving under the influence. A DUI conviction my result in fines, driverÕs license suspension, and possibly jail time. Also, your insurance company my increase your rates to an unmanageable level. In defending against a DUI charge, you have many rights as a criminal defendant, including the right to cross-examination the witnesses against you (even police officers).
  26. Byers, Bell & Warrick: The Bay Bridge and the highways that lead to and from it, is one of the highest DUI enforcement areas in the Bay Area. Naturally, attorneys who are familiar with the DUI enforcement in this area are your best allies for your fight. We know the Courts, the DMV (Department of Motor Vehicles) personnel, the laws, and the knowledge to help guide you through this problem. The Courts and DMV have the power to revoke or suspend your license. The DMV process begins when your license is confiscated by law enforcement (your license will not be taken if you have an out-of-state license), and you are given that pink piece of paper. That pink sheet is very important because it is a temporary license and it informs you that you have 10 days to request a hearing before the DMV. Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
  27. David Bryden: The officer will ask you to get out of the car and take a few routine tests. Tell the officer that you would like to cooperate, however, a lawyer has instructed you not to take any field sobriety tests. The officer may threaten to arrest you if you do no. IGNORE THE THREAT. There is probably less reason to take you into custody before taking the field test then after taking the field test. Many police have developed routines to make you look drunk and fail the test. If arrested you must take a blood, urine, or breath test at the police station, you do not need to take a field sobriety test.
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