Pasadena DUI Lawyers
- Pasadena Criminal Attorneys:
The impact of a DWI conviction is wide reaching and affects your ability to legally drive, pay reasonable rates for insurance or secure employment.
- Okorocha Firm:
When a person operates a moving vehicle while under the influence of drugs or alcohol, he or she is considered to be driving under the influence (DUI). In California, an individual is considered too drunk to drive a car when his/her blood alcohol content (BAC) is 0.08% or higher. Under California’s zero tolerance policy, if a driver is under the age of 21, he/she cannot have a BAC higher than 0.01%. When BAC levels reach the legal limit, a driver’s physical and mental capabilities become impaired, increasing the chances of getting in an accident that may cause serious injury, damage, or death.
If law enforcement suspects an individual is driving under the influence, they have the right to test the driver’s level of sobriety. This can be done through a series of basic field sobriety tests, or with a breath or blood test. After conducting these tests, if the law enforcement officer finds the driver has a BAC over the 0.08% legal limit, then he/she can arrest the driver on DUI charges.
In addition to these tests, law enforcement will look for common signs of intoxication, including slurred speech, bloodshot eyes, alcohol on the breath, open containers of alcohol, disgruntled appearance, flushed checks, and loud behavior.
If you get arrested for DUI, your driver’s license will automatically be suspended for at least 30 days. In addition, if you are convicted of drunk driving you could face a variety of legal penalties, including probation, monetary fines, driver’s license suspension, community service, alcohol rehabilitation, and even time in jail.
- California Legal Team:
In the state of California, it is illegal for any individual to drive a motor vehicle while under the influence of 1) drugs 2) alcohol; or both. It is also illegal for any individual to drive with a blood alcohol concentration of 0.08% or higher. If an individual violates either of the aforementioned laws, he/she can be arrested for and charged with driving under the influence (DUI).
The DUI process begins when law enforcement makes a DUI traffic stop. California law enforcement will usually make a DUI traffic stop when they have reason to suspect that a person is driving under the influence due to the person’s erratic driving behaviors (excessive speeding, slowing down, making wrong turns, swerving, weaving, etc.). When law enforcement makes a traffic stop, they will carefully examined to person’s physical and mental state to see if the person is showing further signs of intoxication (slurred speech, inability to directly answer questions, bloodshot eyes, flushed face, incoherent speech, etc.).
If law enforcement believes that the person is under the influence, they will ask the person to consent to a voluntary breath alcohol test and field sobriety tests. It is important to remember that the person has the right to refuse to take both the breath test and the field sobriety tests. If the person refuses to take the tests, law enforcement will usually arrest the person for DUI, and then have the person take a blood or breath test at the police station. If the person consents to the breath test, and his/her test result is 0.08% or higher, he/she will be arrested for DUI.
Once a person is arrested for DUI, he/she will be brought to the police station for booking and will have to remain in jail until his/her arraignment. At the arraignment, the person will make his/her plea, and the terms of the person’s bail will be set. Prior to the arraignment, and immediately following the person’s arrest, he/she should retain the services of a skilled Pasadena DUI defense attorney who can litigate on his/her behalf throughout the criminal process.
- Raul Lomas:
What happens after I am arrested?
The police can either arrest you or give you a ticket to appear in court. If they arrest you, bail can be set and you can be released from jail if either cash or a bond is posted. Bail is a way the court can obtain assurances that you will return after you are released from custody. A friend or family member can post the entire amount of the bail in the form of cash with the police or sheriff’s department holding you. In the event all of the cash cannot be obtained, a bail bond company should be contacted so they can post bail on your behalf. Usually, a bail bonds company charges 10% of the bail amount and puts up the entire amount of the bail with the police or sheriff’s department so you can be released. At the conclusion of the case, bail will be exonerated if you appear in court as required. If you paid with cash it will be returned to the person who posted the bail within 10 weeks, but if bail was posted by a bail bonds company, the 10% will be kept by the bail bond company for their services.
The court process… What happens?
The prosecutor will decide whether to file charges against you. They can either file a misdemeanor or felony charge against you or reject the case for criminal prosecution because they do not have sufficient evidence for a conviction. If a case is filed, there will be court date scheduled called an arraignment, which must be done within 2 calendar days (excluding Saturday and Sunday) of the arrest if you are in custody. At the arraignment the judge will inform you of the charges filed against you and give you an opportunity to enter a plea. If a misdemeanor is filed, a trial must be set within 30 calendar days after arraignment if you are in custody or 45 calendar days if you are not. In most cases, attorneys schedule pre-trial hearings to discuss the matter with the prosecutor and judge prior to trial. If an agreement cannot be reached as to the disposition of the case, the matter is set for Trial.
- Mark Fields:
Driving under the influence or DUI cases can have long lasting consequences, including license suspension, license revocation, license restrictions, increased insurance rates, mandatory alcohol programs, increase insurance rates and jail time. Multiple DUI convictions can result in the charges being elevated to felonies and a conviction can result in a state prison sentence.
DUI cases also have a second series of proceedings outside the Court proceedings with the Department of Motor Vehicles or DMV. The DMV proceedings are separate and time sensitive, so it is very important that you contact use as soon as you are arrested to make sure all of your rights are protected.
- Chang Mattern:
An arrest occurs when a person has been placed under restraint or has been taken into custody by a
police officer. A person is placed under restraint when his or her freedom of movement is restricted
by physical force or by a show of authority. The use of physical force occurs with the slightest
touching or the application of physical force. A show of authority occurs when a police officer's
words and actions operate as a command. An arrest does not occur when a person is free to leave or
when the person feels that he or she is free to leave. Mere questioning by the police does not
constitute an arrest.
- Gordon Crosby:
Driving under the influence or DUI cases can have long lasting consequences, including license
suspension, license revocation, license restrictions, increased insurance rates, mandatory alcohol
programs, increase insurance rates and jail time. Multiple DUI convictions can result in the charges
being elevated to felonies and a conviction can result in a state prison sentence. DUI cases also
have a second series of proceedings outside the Court proceedings with the Department of Motor
Vehicles or DMV. The DMV proceedings are separate and time sensitive, so it is very important that
you contact use as soon as you are arrested to make sure all of your rights are protected.
- Khalaf & Khalaf:
A DUI arrest in California starts two cases - a criminal prosecution for driving under the influence
of alcohol or drugs, and an administrative proceeding to suspend your driver's license.
- Govena Law Office:
You should consult an attorney for individual advice regarding your own situation.
- Paul Geller:
Driving Under the Influence (DUI) charges consists of three basic charges: Driving Under the
Influence of Drugs and/or Alcohol, Driving Under the Influence with greater than a .08 BAC, DUI
causing injuries. Of course, there are tools that the prosecutors use to enhance the penalties,
such as having a BAC over .20, driving recklessly, refusing to provide a blood or breath sample,
causing injuries to multiple victims, etc. Whatever the case may be, your driver's license can be
restricted, suspended, or even revoked, notwithstanding the fact that you could be looking at jail
or prison time as well as large fines.
- Matthew Cargal:
Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual
states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations
of state statutes and city ordinances relating to the operation of vehicles, specifically driving
under the influence of alcohol or other substances which impair the ability to drive.
- Tom Medrano:
Retain an experienced DUI defense attorney to represent you. Only an experienced DUI defense
attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.
- Criminal Defense Group:
These are some of the things that we will investigate
- Should the evidence against you be suppressed?
- Did the police lawfully stop
you?
- Was the officer
justified in forcing you to perform the field sobriety test?
- Did the officer conduct his investigation according to
law enforcement guidelines?
- After his investigation, was the officer justified in arresting you?
- If you submitted to a blood, breath,
or urine test, did the officer correctly inform you of your rights before doing so?
- Can the law enforcement agency prove
that the chemical testing device was accurate and working properly at the time of arrest?
- Even if your blood alcohol level was
greater than the legal limit at the time of the chemical test, was it greater than the legal limit
while you were actually driving your car?
- Were you legally under the influence of alcohol while your were
actually driving you car?
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