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Riverside DUI Lawyers

• Aquilina, John: If you have been accused of a crime, you deserve personal representation and individual attention from a certified specialist in criminal law.
• Grech & Firetag: You should consult an attorney for individual advice regarding your own situation.
• Maline, Rajan: Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to 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 * Criminal record * Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses In addition, the social stigma and effect on your career may have lifelong negative consequences. If you have been stopped for, arrested for or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. Terminology and Elements of the Crime of Drunk Driving The criminal offense of drunk driving goes by a variety of names among the states, including: * Driving under the influence (DUI) * Driving while intoxicated (DWI) * Operating under the influence (OUI) * Operating while intoxicated (OWI) * Driving under the influence of intoxicants (DUII) * Driving while under the influence (DWUI) In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise. Driving Requirement The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer¨. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated. Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended. BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely. Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include: * Finger-to-nose test * One-legged stand * Walk-and-turn test * Horizontal-gaze-nystagmus test * Picking up coins * Counting backwards * Reciting the alphabet * Throwing and/or catching a ball Conclusion Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a potential problem with drunk driving, a criminal defense lawyer can fight for you and help protect your interests and those of your family and loved ones.
• Daniel Greenberg:

  Effective Representation for Drunk Driving Charges

  California's drunk driving laws are stricter than ever, even for a first time offender. If you have been arrested for a DUI (DWI), a knowledgeable criminal defense attorney will have many strategies for effective DUI defense.

  Driving Under the Influence of Alcohol or Drugs

  DUI is usually a misdemeanor crime, punishable by jail time, severe fines, suspension of license and other penalties. A fourth offense or a DUI resulting in an injury or death can be charged as a felony, with the possibility of a year or more in prison, license revocation, and thousands of dollars in fines.

  In California, a blood alcohol content (BAC) of .08 percent is considered legally drunk ("per se DUI"). One can also be convicted of driving under the influence for a lower BAC based on erratic driving and other observations by the arresting officer. Intoxication by drugs (illegal narcotics or even prescription medications) can result in DUI charges. Underage drivers (below age 21) can be charged for a BAC of .05, and commercial drivers (CDL) at .04 BAC.

  What Are the Penalties for Drunk Driving?

  A sentence for DUI conviction depends on the jurisdiction, the judge, and the facts of the case. Jail time can be given for first offenders, especially if the driver was severely speeding, above .15 BAC, carrying a passenger 14 or younger, or involved in an accident. A first offense will commonly result in loss of license for four months or more, fines and court costs up to $1,500, and possibly community service. If you refuse a breathalyzer test, you will automatically lose your license for up to one year, regardless of the outcome of your criminal case. I represent clients in criminal court as well as administrative license hearings.

  California has a 10-year "lookback," resulting in enhanced penalties for a subsequent DUI conviction within that period. An alcohol related-driving charge can be viewed as a first DUI if you are subsequently picked up for a DUI. This second stop may be considered a second DUI. A second or third DUI is likely to result in jail time, steeper fines, and loss of license. The judge can also require an ignition interlock on your vehicle.

• Joseph Galasso: If the government is trying to convict you of a crime, you may be facing substantial fines, probation, restitution, and probably jail or prison time. A criminal conviction can have long lasting consequences. You must aggressively defend against such charges because the government has enormous resources with which to pursue a criminal conviction against you. It is important to establish your defense immediately upon learning of the charges. When your future and freedom are at stake, you should have a knowledgeable and experienced criminal defense attorney advising and representing you as early in the process as possible.
• Charles Gorian:

  Driving Under the Influence in Riverside

  
  Driving under the influence (DUI) is the criminal act of operating a motor vehicle while under the influence of alcohol or drugs. Each year, a significant amount of traffic accidents and incidents of wrongful death are caused by drunk drivers. The United States has very strict laws when it comes to DUI and these laws involve severe legal consequences for convicted offenders.
  
  If law enforcement suspects that a person is driving under the influence of drugs or alcohol, they are allowed to perform a traffic stop. A drunk driver may display certain driving behaviors such as ignoring traffic signs, swerving into wrong lanes, speeding, or making wrong turns. During a traffic stop, law enforcement will look for signs of intoxication such as slurred speech, scent of alcohol on the driver’s breath, open containers, or bloodshot eyes.
  
  If a driver displays these signs, law enforcement may ask the driver to perform field sobriety tests. Law enforcement may also have the driver take a blood, breath or urine test. In most states, if a driver has a blood alcohol concentration (BAC) of 0.08% or higher, they are believed to be driving under the influence.
  
  DUI convictions usually result in harsh legal consequences. DUI offenders are subject to large monetary fines, imprisonment, community service, probation, license suspension, ignition devices, and court ordered drug and alcohol treatment. Multiple DUI offenses can lead to longer terms of imprisonment and larger fines, as well as permanent license suspension.
  
  Have you been charged with Driving Under the Influence?
  
  If you have been charged with driving under the influence in Riverside or the surrounding areas, it is important that you speak with an experienced DUI attorney. A skilled DUI attorney can advise you of your options and protect your legal rights. If you are convicted of driving under the influence , you could face life altering consequences such as imprisonment, fines, a suspended license and probation.
  

• Earl Carter: What do those DUI tests mean Ð and how will they affect what happens to you? At your arrest, did you take a field sobriety test? Were you given a breathalyzer test or a blood test (BAC Ð blood alcohol content)? Tell your DUI attorney everything you can remember about the tests.
• Patrick Silva: Once a police officer speaks the words, ÒYou are under arrest,Ó everything changes. Suddenly, you are no longer in control of your life. You are thrown into a confusing legal system where even minor missteps can lead to severe consequences. Your future and, perhaps, your freedom hinge on the successful outcome of your case. Who can you trust with such an immense responsibility?
• Will & Will: It may be much more difficult than you think for the state to prove your guilt beyond a reasonable doubt in a court of law.
• William Gallasso: All Misdemeanor, Felony, DMV and DUI Matters Including: Assault and Battery, Assault with a Deadly Weapon, Assault with likely to commit bodily injury, Boating under the influence Alcohol, Commercial Burglary, Cleaning Criminal Records, Expungements, Concealed Weapons, Firearm Possession, DMV Hearings for DUI, Domestic Violence, Driving on a Suspended License, Drug Possession / Possession for Sale, Drunk Driving / DUI, Drunk in Public, False Imprisonment, Grand Theft, Grand Theft Auto/ GTA, Grand Theft Person, Great Bodily Injury, Allegations, Gun charges, Gun Allegations, Identity Theft, Juvenile crimes, Kidnapping, Malicious Mischief, Petty Theft, Possession of Burglar Tools, Prison Priors, Preventing or Dissuading a Witness, Malicious Mischief, Petty Theft, Possession of Burglar Tools, Prison Priors, Preventing or Dissuading a Witness, Recalling Bench Warrants, Receiving Stolen Property, Reckless Driving, Residential Burglary, Resisting Arrest, Robbery, Sentence Modification, Strike Offenses, Strike Priors, Tagging, Tampering with a telephone line, Termination of Probation, Terrorist Threats, Theft, Too Many Points DMV Hearings, Under the Influence of a Controlled Substance, Vandalism, Violation of Restraining Order, Warrant
• Thomas Derryberry: Drunk driving is a crime in all 50 states including the District of Columbia. Depending upon the state, the name the offense is referred to varies. Some states refer to the offense as DWI, driving while intoxicated. Others use DUI, driving under the influence of an intoxicant, or OUI operating under the influence. In some states an OUI is a lesser offense for a DWI.
• Frank Peasley: People accused of a criminal offense need someone on their side, someone who will make sure their rights are protected and that their case is fairly heard.
• Mark Cantrell: Expungement of criminal records can be a complex process, and the ability to clean up past criminal convictions depends upon many different factors. The law relating to expunging criminal convictions varies from state to state. It is important to talk to a lawyer that is skilled in matters pertaining to expungement.
• Rajan Maline: Convictions and arrests can be an embarrassment and may limit options in a career, employment or education. Many state laws give persons with arrest and conviction records a remedy they may be removed or "expunged" if certain legal requirements are met.
• Roger Walker: The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists. However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
• William Wolfe: If you have been arrested, the most important advice I can give you,, is to not speak to anybody about the case until you have spoken to an experienced and qualified criminal defense attorney. Any statement you make to the police is going to be used against you in future court proceedings.
• DiPaolo & Kellogg: There is no denying that all criminal charges are serious matters. A conviction of even a relatively minor crime may lead to incarceration and / or fines. There may be additional consequences that go with attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote, the right to own a gun, and the right to engage in certain professions. Even a conviction for a traffic offense, especially an alcohol related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years, as well as any fines or jail time imposed by the court. It is easy to see how one mistake, or lapse in judgment, can have effects that last for years.
• Harmon & Harmon: DUI charges carry serious consequences which may include jail time, fines and penalties, and loss of your driverÕs license.
• Blumenthal Law Offices: In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motoristÕs driving privileges, commonly referred to as a California Department of Motor Vehicles (DMV) license suspension. A DMV license suspension, which is also referred to as an Administrative License Suspension (ALS), is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose a DMV or ALS suspension against a driver lies in the California implied consent statute. The implied consent law states that each person who operates a motor vehicle on California roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences of refusing to submit to testing.
• James Johnston:

  (a) 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.

  (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.

  For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

  In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

  (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

  Vehicle Code ¤23153. 

  (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, 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.

  (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood 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.

  In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

• Lee Albert: Your rights may be seriously affected if you do not act swiftly.
• Paul Grech: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
• Bernard Schwartz The Schwartz Law Firm is dedicated to defending people accused of driving under the influence. For many years we have been taking these cases to trial and, unlike some law firms who advertise that they are "trial lawyers" despite never having taken a criminal case to jury trial, our firm actually does try driving under the influence cases. In fact we do so routinely. However, we also recognize that sometimes, after an intensive and thorough investigation, it becomes clear that the evidence against our client is so strong that it would not be in his or her best interest to go to trial. In those cases, because of our experience in dealing with judges and prosecutors in Southern California over many years, we have been very successful in obtaining the best plea bargain available for our clients.
• Richard Swanson: This is a serious charge and can result in you loosing our driver's license. An attorney can stop this from happening, but only if it is done in the first 10 days after your arrest. The DMV can take you license ever if you are below .08 legal limit. There are many alternatives to jail and fines, but you must start the process immediately after your arrest.