- Ward, Justin:
There are a lot of lawyers out there who simply donÕt have what it takes to get what you need. DonÕt put your future in the hands of less capable lawyers.
- Bowman Foos:
It is a serious matter when you or a loved one are charged with a crime or are facing a suspension of your driver's license.
- Amerio Law Firm:
MESSAGE:
DUI Overview & FAQ
In the state of California, DUI (driving under the influence) is a criminal offense that involves serious legal consequences. The common mistake that too many people make after being charged with DUI is not taking the charges seriously. When a person has been charged with DUI, he/she needs to be aware that a conviction can lead to life altering legal consequences such as large monetary fines, jail time, mandatory DUI classes & AA meetings, IID (ignition interlock device), probation and more. Additionally, a person may lose his/her driving privileges for a long period of time. With the legal penalties being so great, a person must not take the risk of treating DUI charges lightly. Therefore, it is imperative to place every effort into the best defense, which begins with hiring the right DUI Defense Attorney.
- Muller, David:
If you find yourself faced with charges it is important to find the right lawyer as soon as possible.
- Fischer, David:
We all make mistakes sometimes. Should you find yourself charged with a DUI offense, itÕs more important than ever to have legal representation to protect your rights. The decisions you make now could affect your driving record for many years.
- Michael Rehm:
n California, a driving under the influence conviction (commonly referred to as a DUI), can come with a penalty of up to six months in jail and/or a $1000.00 fine. If the prosecution can show that the individual accused was driving under the influence of alcohol and/or drugs, stiff penalties and consequences will result.
Over the last twenty years the laws related to DUI's have been drastically changed to make the charge more difficult to defend and a conviction easier to obtain.
- Hedberg & Nicholosn:
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a patron named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary`s statements be used against her later, even though she was not read her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.
- Michael Bolton:
THE COURT CASE.
Typically, if you are convicted of a first offense, its a Misdemeanor, and you face two days in jail, fines of about $1600.00, 3 years of Informal Probation, and the required DUI classes and/or what's known as the Victim Impact Class.
You may also face the Installation of an Ignition Interlock device on your car, more jail time for a "high blood alcohol level", or more jail time if an accident was involved.
However, before the police can succeed in convicting you of such charges, they must establish Probable Cause to stop your car, among other requirements. The officer(s) must make a valid arrest after the stop, and must correctly administer either or both the Field Sobriety Test and the Breath Test with a PAS device (the hand held breathalyzer).
Later, after you are arrested, they must accurately administer the Breath Test or the Blood test, whichever you have chosen, or must adequately explain what is a "Refusal" if you do not let them test.
Now, you have undoubtedly heard that there is nothing a Lawyer can do for you when your stopped for DUI. However, that is just not true. The DUI laws are too complicated to navigate without a professional. While every case is different, and no one case can be compared to another, a competent lawyer can protect you from abuses.
A DUI Arrest is very stressful. Your experienced Attorney can ensure that the Police adhere to their requirement and relieve some of the burden on you.
Your attorney can bring a Motion before the court to keep out evidence of your intoxication, if there are any irregularities, and Protect your Constitutional Rights.
Your attorney can make all the court appearances for you. Your attorney knows what the prosecutors will bargain for. Your experienced attorney knows what is a weak case, and what is insufficient proof.
The police have lawyers to assist them, an army of lawyers. You should have your own!
THE DMV HEARING.
When you are arrested for Drunk Driving, the police will take your license on the spot. Then the DMV will suspend your driver's license if you let them. You have only ten calendar days from the date of your arrest, to call the DMV (916-227-2970) to request a formal hearing and to challenge the Suspension of your license.
Everyone should make that phone call, if only to preserve the right to challenge the Suspension Order. Like in the Court case, the DMV Hearing Officer cannot issue a Suspension Order, after the Hearing, unless three things are demonstrated at the Hearing. (1) PROBABLE CAUSE (to stop your vehicle); (2) A VALID ARREST; and, (3) DRIVING WHILE UNDER THE INFLUENCE.
Your experienced lawyer can protect your rights if any of the evidence is insufficient.
GET REPRESENTATION TO PROTECT YOUR RIGHTS IN BOTH MATTERS.
For both the DMV Hearing and the Court Case, you need a lawyer! You don't have to hire this firm, but you are urged to contact a competent, experienced lawyer. At least talk to someone who is knowledgeable about the field, someone who works in the field everyday. GET A LAWYER!
- Julie Raridan:
Effective criminal defense establishes the credibility of each person, offering people second chances and reduced penalties.
- Param Pabla:
What is Driving Under the Influence (DUI)?
Vehicle Code Section 23151 is the drunk driving statute. Sub-part (a) makes it unlawful to drive a vehicle
while under the influence of alcohol or drugs. Sub-part (b) makes it unlawful to drive a vehicle with a
blood or breath alcohol level of 0.08% or higher.
What is the Punishment for a DUI?
Generally, for a 1st offense for a DUI, the following is the punishment:
* Jail Time: 0 Š 6 months
* Fines: $390 - $1000
* Alcohol Classes: 3 to 9 Months
* Probation: 1 Š 5 years
Can a DUI charge be reduced?
Yes, in some cases a DUI can be reduced. It may be dismissed, or reduced to a wet reckless, dry
reckless, or other lesser charge. All the reductions would be more beneficial than having a DUI on your
record.
Will the DMV suspend my license?
A person who takes a breath test, which indicates a blood-alcohol concentration of 0.08% or more, will
have his driver license confiscated by the arresting officer. The officer will give notice to the driver of his
right to request a hearing before the DMV within 10 days. Failure to request a hearing within the time
frame may result in the DMV suspending the driver license.
Should I request a hearing before the DMV?
Requesting a hearing before the DMV may help you in fighting your case in court. The Law Office of
Param S. Pabla has experience is effectively utilizing a DMV hearing to benefit a clients court case.
If my license is suspended by the DMV, can I get a restricted license?
If the DMV suspends your license, after 30 days, you can request a restricted license for the remainder of
your suspension.
- Melandro De la Rosa:
Commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely. State statutes vary as to what that level is, but it ranges from .08 to .10 for adults, which means a 8/100ths to one-tenth of one percent by weight of alcohol to the weight of blood. This is translated into grams of alcohol per 100 milliliters of blood in tests of blood or urine sample, or grams of alcohol per 210 liters of air in a "breathalizer" test. A combination of the use of alcohol and narcotics can also be "under the influence" based on erratic driving. Driving on private property such as a parking lot is no defense, but sitting in a non-moving vehicle without the ignition on probably is (sometimes resulting in a charge of "drunk in and about a vehicle"). This is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a "deuce"
- Linda Louder:
Frequently Asked Questions
Can I represent Myself on a DUI?
You
have a constitutional right to represent yourself in a US court of law
but remember that representing oneself can have adverse practical
consequences. A professional attorney's greatest asset is his or her
capacity to provide objective, dispassionate advice to their clients
who may be overwrought by their legal problems.
Do I need an attorney?
Anytime you are charged with a criminal offense it is imperative that
you seek qualified legal representation. California law and the legal
system are complex. Your success depends upon hiring an aggressive and
experienced criminal defense attorney.
What kind of attorney do I need?
It is crucial that you hire an attorney that practices exclusively in
criminal defense and has the experience of representing thousands of
clients.
Can I afford an attorney?
You should expect to pay a reasonable flat fee. When you are facing
criminal charges, you can't afford not to have an attorney!
What if I can't afford an attorney?
If you are unemployed or have a very low income, the court will appoint
a Public Defender to represent you at your first court appearance.
Will I have to go back to jail?
Northern California has recently experienced higher death rates as a
direct result of DUIs. Therefore, the political and public mood toward
defendants cries for harsher sentences.
Why am I charged with a DUI when I had only taken my prescribed medication(s)?
If the prescribed medication has been determined to potentially alter
ones driving ability, the court and DMV may pursue a DUI conviction.
Will I lose my driving privilege?
In order to retain your driving privilege it is imperative that your
attorney contact the California Department of Motor Vehicles within ten
(10) days to ensure a temporary stay on the suspension of your
California Driver License.
The arresting agency took my California Driver License and gave me a
pink sheet of paper. How long is that good for?
When you are arrested for a DUI, the arresting agency will retain your
license and provide you with a pink temporary license. It is only valid
for 30 days from the date of arrest.
- Lori Calvert: It is
very important that YOU seek legal representation as soon as possible
as certain procedures have specific time frames (DMV hearings) and YOU
do not want to lose any rights.
- Emory King:
- I want my lawyer now.
- I do not waive Miranda.
- You may not search my person, property, vehicle or residence.
- You may not come into my house.
- If I am not under arrest, let me go.
- Crowell Law Office:
California has some of the strictest laws in the country regarding
drunkdriving(DUI or Driving Under the Influence of alcohol or drugs).
Prompt action can have a significant impact on a successful defense.
For example, there is a 10-day deadline for calling the California DMV
to request a hearing on your license suspension and to get an extension
ofyour temporary license.
- John Campanella:
The DMV will suspend your license unlessŠ
When you are arrested for DUI the officer usually takes your driver's
license and leaves you with a temporary 30-day license (a pink piece of
paper). You should read this carefully.
Among other things, this document tells you that you have 10 days from
the date of your arrest to request a hearing with the DMV. You may also
request that your temporary license be extended longer than 30 days.
The DMV proceedings are separate and independent of the court
proceedings. While you have the constitutional right to be represented
by an attorney in court if you cannot afford one, you must retain an
attorney to represent you at the DMV hearing at your own cost. In the
hearing, the DMV official acts as both prosecutor and judge.
To win, you need to know the ins and outs of the law, the rules of
evidence, your rights, and the applicable laws. It is quite common for
the DMV to rely solely on the arresting officers written report without
the officer even appearing. On more than a few occasions technical
errors in an officer's report, spotted by an experienced DUI attorney,
have resulted in a victory for the accused.
- Hintz & Welch: 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.
- Teichert & Assoc.:
Under limited sets of facts we are able to negotiate the case so as to
reduce the charge from a standard DUI to wet reckless (alcohol related
reckless driving). Although a wet reckless will still be considered
prior DUI related offense should you be charged with another DUI within
the following 7 years, the sentence for a wet reckless is substantially
less than that for a DUI. A wet reckless sentence generally does not
include any jail time. The fines are approximately one half that of a
standard first offense. Whereas the Victim Impact Panel is still
required, a wet reckless class is ordered in lieu of DUI class. The wet
reckless class is a 6 week class broken into 2 hour segments one time
per week.
- Tasha N. Paris:
In California, if you are arrested for a DUI and you either submit to a
blood alcohol test with a result of .08% or higher or refuse to submit
to a blood alcohol test your license will be automatically suspended.
This license suspension is independent and separate from any action
that the court may take against your license. The Department of Motor
Vehicles will suspend your license even though the court may dismiss
charges against you or criminal charges are never filed against you.
- Robert Wilson:
There are two separate and distinct issues presented when you are
arrested for driving under the influence. First, there is the issue of
the Department of Motor Vehicles and the suspension of your drivers
license. This is separate and distinct from the second issue, your
criminal prosecution and the possibility of jail, fines, a period of
probation and first offender program.
- Tasha Paris:
In California, if you are arrested for a DUI and you either submit to a
blood alcohol test with a result of .08% or higher or refuse to submit
to a blood alcohol test your license will be automatically suspended.
This license suspension is independent and separate from any action
that the court may take against your license. The Department of Motor
Vehicles will suspend your license even though the court may dismiss
charges against you or criminal charges are never filed against you.
- James Warden:
For many DUI defendants, this arrest will be their only brush with the law.
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