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Palo Alto DUI Lawyers

1. Ziff, Harvey: CRIMINAL DEFENSE Driving Under the Influence of Alcohol or Drugs (DUI)\ Domestic Violence Drug/Narcotic Offenses Burglary Robbery Homicide Theft Fraud Traffic related matter Sexual Assaults White Collar Crimes Juvenile Delinquency Matters (including all types of juvenile crimes) Assault and Battery Expungements Sex crimes
2. Wilson Sonsini Goodrich & Rosati: defended clients in a wide range of cases
3. Cahners & Samuels: 1. I just was arrested for DUI (Driving under the Influence). Can I wait until I go to court to take care of it? No. If you do not apply for a Department of Motor Vehicles (DMV) hearing and a stay of your driver’s license suspension within 10 days after your arrest (even though the hearing itself might be in the future), your California driving privileges will be suspended. The length of the suspension depends on a number of factors, including whether or not you have been convicted of DUI before. This happens even while the criminal case is still pending, even if that case is later reduced to a lesser charge. Back to top 2. Should I apply for a DMV hearing and a stay, or should I have an attorney do so? It is best to have an attorney make the application, just to ensure that it is done correctly. This also sets the hearing on an appropriate date for the attorney's calendar. If that cannot be done, the next best thing would be for you to make that application. Regardless, the application must be made within 10 calendar days. Sometimes, if good cause exists, it is possible to get a DMV hearing, even if application is made after the 10-day window. However, you should never rely on that exception. Back to top 3. What if I am from out of state and do not have a California license? Do I still need to worry about setting a DMV hearing and getting a stay? Yes. You should still apply for a DMV hearing and a stay. It is your privilege to drive in California that is being suspended. If you do not wish that privilege to be suspended, you need to apply for a hearing. In addition, the state that issued you your driver's license may take action against your privilege in that state, depending upon the nature of your suspension in California. This is a technical area for which you should seek the advice of an experienced attorney. Back to top 4. Can these DMV hearings be won? Yes, but not for the reasons you may think. The DMV will not listen to reasons why you need to drive. Its decision will be based only on the evidence presented and the facts. These hearings are highly technical and won on technical issues. Lawyers expert in this area do have success! But rarely are untrained people representing themselves successful in these hearings. Success depends on a current and thorough understanding of the laws and cases that are relevant. Back to top 5. What will happen to me in the criminal courts if I am convicted of DUI? You could be facing a number of penalties, including: * probation * a fine * a driver's license restriction * a minimum "weekender work" jail sentence( for a first offense) * increased jail exposure * longer school * the requirement of placing an interlock on your ignition switch (for multiple offenders) * state prison * a driver's license revocation (for a serious felony) These penalties are all separate and apart from the DMV action discussed above. The type of penalty depends on a number of factors, including: * whether this your first offense, or you have had prior convictions * whether your blood alcohol was more than .20 percent * whether there was an accident in this case or in a case involving an earlier conviction * whether you are charged with a "speeding enhancement" (going 30 mph over the speed limit on a freeway or 20 mph over the speed limit on any other street) * whether you have exposure to being charged with a felony (You could be charged with a felony if someone was injured in this case or if you had more than three prior convictions or if you were charged with a prior felony DUI where someone was injured (even if you received a minor sentence at that time.)) The minimum sentence allowed under the law is either a fine of about $1,500, 48 hours of jail time (usually allowed to be served as "weekender work"), and/or a driver's license restriction. Depending on the severity of your situation or your individual background, you could be exposed to greater sentencing. In a felony case, you could be sent to state prison. Only conferencing with an attorney in your case will give you information about your possible exposure to increased sentencing and about what can be done to lessen that exposure. Back to top 6. Will hiring an attorney make a difference? Generally, yes. A well-trained lawyer with experience in the area of DUI law can make a difference. A lawyer who specializes in this area can get cases dismissed, sentences reduced, or harm to the client minimized. The most complicated area is the relationship between the administrative and criminal laws. Only an experienced lawyer can guide you through this process and answer your questions. Also, at other times defendants are frequently not aware of their obligations after a conviction. One of the busiest areas of our practice is helping people answer new criminal charges and complications caused by not completing their post-conviction responsibilities to the court. This is because most defendants, no matter how hard they try, do not realize all of their obligations to the court when convicted. They also do not know how to deal with the Department of Motor Vehicles after a suspension. At the very least, most people charged with DUI need a knowledgeable and experienced lawyer to guide them through this complicated system. Back to top 7. I live out of state. Do I need to return to California, and what are some unusual problems I may face being from another state? The first thing you should know is that if you are charged with misdemeanors (and most are), your attorney may appear for you, saving you return trips to California. Second, there are many obligations created by a conviction or suspension that on their face require an out-of-state driver charged with DUI in California to return to California to complete. However, a knowledgeable attorney can arrange for most, if not all, of your obligations to be completed out of state. Back to top 8. Do I have to be over .08 percent (the "legal limit") to be charged with DUI? No. You may, can be, and very often are charged with DUI with a blood level below the .08 percent level. This is especially true if you have had a prior conviction within the last 10 years. Back to top 9. What are some of the circumstances that may lead to me being charged with a felony? A DUI charge may be a felony if one of the following is true: * You have had three or more DUIs in the past 10 years. * You have had a prior felony within the past 10 yrs. * Someone other than yourself was injured in an accident in which you were driving under the influence. In most of these cases, the court has the option of reducing the charges to misdemeanors instead of felonies depending on the age of the priors and the severity of the injuries. Back to top 10. Why am I charged with two violations that sound like DUI charges on my paperwork when I only drove once? These are simply two alternate ways of charging one act: 1. 23152(a) V.C. is the charge of driving under the influence (being an impaired driver), regardless of whether you are accused of being under the influence of alcohol or drugs (even prescription drugs), and regardless of whether your blood alcohol level was .08 percent or higher. 2. 23152 (b) V.C. is the charge of driving with a blood alcohol level of .08 percent or over, regardless of whether you were actually impaired as a driver. You can, however, be sentenced for only one act. In fact, in almost all cases (even those where the person pleads guilty to one count) the other is dismissed by the prosecution or ignored by the court for the purposes of sentencing.
4. Nolan, Armstrong & Barton: The law relating to driving under the influence is extraordinarily complex, with constantly evolving criminal penalties and administrative consequences. Expert DUI defense requires attorneys who not only know the Vehicle Code and the criminal courts, but who also can navigate the Department of Motor Vehicles and are conversant in the science of blood alcohol testing. An individual accused of DUI will likely need representation before the California Department of Motor Vehicles. (Vehicle Code §§ 13353.2, 13353, 23136) Following an arrest for DUI, the DMV usually brings an administrative action to suspend a person’s driving privileges. If a driver does not request a DMV hearing and a stay of the suspension within 10 days of the date of arrest, the DMV will automatically suspend the driver’s California Driver’s License 30 days after arrest. A driver may be charged with a DUI even with a blood alcohol level that is not at or above 0.08%, the legal limit in California. Vehicle Code section 23152(a) prohibits driving under the influence of alcohol and/or drugs, regardless of whether the blood alcohol level was 0.08% or higher. The crucial question is whether alcohol or drugs adversely affected a person’s ability to drive safely. A prosecution for a violation of Vehicle Code section 23152(b) is a charge of driving with a blood alcohol level of 0.08% or more, regardless of whether the driver was actually impaired. A driver who is under 21 years old can be charged with an infraction DUI for driving with a blood alcohol level of 0.05% or more. (Vehicle Code section 23140) If the charge involves an accident causing injury or death, a DUI charge can be prosecuted as a felony. (Vehicle Code §§ 23153(a), 23153(b), Penal Code section 191) Felony charges can also be brought if a driver has three or more prior DUI convictions. (Vehicle Code section 23550).
5. Mark Martel: You should consult an attorney for individual advice regarding your own situation.
6. Peter Goldscheider:

   PROCEDURES FOLLOWING AN ARREST

   If I believe that I have been unlawfully arrested can I resist the officer resisting me?
   No. If an officer arrests you and you believe that he is mistaken or harassing you, it is not legal to resist arrest. You should submit and the matter of whether he has acted legally will be handled in court.

   Can they use force to arrest me?
   A police officer may use as much force as is necessary to arrest you, as long as the amount of force is reasonable. After an arrest, a police officer may handcuff you and take you to a police department for questioning or to jail.

   What happens if I am arrested?
   After taking you into custody, an officer must take you before a judge within 48 hours not including weekends. Bail will usually be set automatically when you are booked into the jail. You may either post the bail or If unable to do so, must wait for the appearance in court.

   What do I do if the officer wants to question me about what happened?
   Many people think that they will be able to talk the officer out of arresting them and attempt to make statements to do that. Others are just persuaded by the officers to respond to questioning and admit their guilt. While honesty may be the best policy in life, if often hurts your case to speak to an officer without talking to an attorney first.

   What is a Miranda warning?
   A Miranda warning informs people of their right to remain silent in the face of police questioning. As previously stated it is often best to do exactly that despite the attempt by the officer to persuade you to talk to him.

   How do I post bail?
   Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. You may either post the entire amount, go through a bailbonds company or obtain a property bond. A bailbonds company usually charges a fee of 10% which they keep for dong the work. A property bond is a more complicated procedure best done through an attorney. It has the advantage of not requiring as large a fee as long as there is sufficient equity in the property posted.

   Do I get the money back when the case is over?
   If you return to court as required, and you have posted the entire amount yourself, the bail will be returned at the end of the case, even if you are ultimately convicted. If, however, you do not come to court when required or violates the conditions of your bail, the bail will be forfeited to the court and will not be returned.

   What happens after I post bail?
   If bail is posted, you will remain free pending appearance at an arraignment. You will be given a court date by the jail and have to appear on that time and date.

   And if I do not post bail?
   If you cannot post bail and remain in custody following your arrest, there will be an arraignment, usually within 24 hours of the arrest or the first date available if on a weekend or holiday.

   What happens at an arraignment?
   You will appear before a judge who will tell you officially of the charges against you. During the arraignment you will be formally told what offense is with which you are charged. You will also be told your constitutional rights, and of the possible penalties. The judge will also ask you whether you intend to hire an attorney if you wish to have one appointed for you if you cannot afford one, you may enter a plea of guilty or not guilty at that time, although you do not have to choose either yet. The amount of the bail may be reviewed, and a date for the next hearing will be scheduled. You should be very carefully before deciding to plead guilty to any criminal misdemeanor let alone a felony without the advice of counsel. The long term ramifications of a criminal conviction can be severe and irreversible.

   In addition, for some first time offenses, such as drug possession in small amounts for personal use, the law provides for drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

   Should I hire an attorney?
   That decision is yours of course. But there is often much you might learn from an attorney about possible defenses and the consequences of a conviction before you decide to proceed on your own. In addition, even if you only wish to plead guilty, the plea bargaining process with which an attorney can assist you could lessen your penalty for the crime.

    

   THE LAW OF SEARCH AND SEIZURE

   What is an arrest warrant?
   An arrest warrant is an order permitting any law enforcement officer to arrest you even though he may not have been involved in your case in any other way. It is obtained by someone in law enforcement submitting a request under oath and alleging that you are guilty of a crime.

   Can I be arrested without an arrest warrant?
   Yes. If the officer has probable cause to believe that you have committed a felony or even a misdemeanor if one is committed in his presence.

   What is probable cause?
   This is a difficult one. There is not a bright-line rule establishing precisely what is and what isnt probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements. This is an extremely complicated area of the law in which it would be most helpful to consult an attorney.

   What is a search warrant?
   A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, it also must be shown that there is probable cause to believe that the items sought are evidence of a crime or are contraband and that they are likely to be found at the location in the warrant.

   If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
   Unless the officer has a search or an arrest warrant for an occupant of your home, you are under no legal obligation to let the officer search your residence. If he does have such a warrant and you resist his entry you could be charged with a crime.

   What if the officer does not have a warrant and I agree to the search?
   If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.

   What is the Plain View doctrine?
   Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.

   If I am arrested, can the officer search me?
   Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.

7. Evans Prieston: Hiring the right lawyer promptly makes a huge difference in criminal cases. An attorney is an important investment in protecting your rights. Of course, you need a lawyer if you plan to try your case. But even if you do not plan on taking your case to trial you still need an experienced criminal defense lawyer to help you.
8. Harvey Ziff: If you are charged with a crime, whether in state or federal court, the government will work hard to convict you. You need an attorney who will work hard to defend you.