San Bernandino, San Bernardo, San Clemente DUI Lawyers
- San Bernandino
- Crawford, James:
DUI
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums.
You must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing with the DMV within ten days of your arrest so that your driving privilege is not suspended.
Unlike the criminal process at Court, the DMV is a civil matter, run by the Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;?
- Was the arrest lawful, and;
- Was your blood alcohol .08 % or higher at the time of driving?
A DMV hearing is won or lost based on technical issues. Since procedures are different between the Court and the DMV, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
- Belton, John:
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- Kassel & Kassel: misdemeanor and felony
- Wolcott, Stacey: Why should I hire an attorney? Talking to an attorney is the best way to get the legal answers that you need. If you hire an attorney you will not have to worry about deadlines, knowing what your potential defenses are or planning your defense, or arguing with the prosecuting authority and in certain instances the DMV.
- Milligan, Beswick, Levine & Knox: In California, drunk driving (and drunk boating) is a serious offense with both administrative and criminal penalties, including license suspension, fines, community service, even jail time. Will I go to jail? When they have been arrested for drunk driving, one of the most common questions our clients ask is, "will I go to jail?" The answer is different for everyone, depending on circumstances and prior criminal record.
- McDonald, Mark Raymond : Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in the State of California. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge; and some prosecutor's offices will not extend reduced plea offers on refusal cases.
- San Bernardo
- James Glick: As a person accused of a crime, you must be sure that the lawyer you select is in fact qualified to handle the matter at hand.
- San Bruno
- Butler, David: Criminal Law Family Law Divorce
- San Clemente
- John Anderson: Perhaps the most unfortunate circumstance in which a person can find himself or herself is to be caught up in the criminal justice system. Occasionally, people are charged with crimes when they are absolutely innocent and they find themselves in such difficulty because witnesses are reporting incorrect facts to law enforcement. Fortunately, this does not occur frequently but it is most serious when it does occur. A more common circumstance that can easily lead to a miscarriage of justice is the situation in which a criminal defendant finds himself overcharged. Perhaps he has committed a misdemeanor but instead finds himself charged with two felonies. The circumstance of overcharging is frequent and requires considerable effort on behalf of a criminal defense attorney to get the overcharge indictment reduced down to that which is sustainable. The issue of appropriate sentencing is one which tests the best skills of a criminal defense attorney. Almost always, there are circumstances in litigation of criminal wrongdoing. When and how best to make sure these certain mitigating circumstances are considered is somewhat of an art form
- Cadzow, Scott: Being arrested for DUI or other drunk driving offense in San Clemente or anywhere in Orange County, CA can take a toll on yourself and your family. It can impact all aspects of your life including your job, your driving privileges and your relationships. The consequences of a San Clemente, CA DUI include fines, jail time, mandatory educational classes and/or treatment for alcohol addiction. You will also obtain a criminal record which can be troublesome when seeking employment or applying for professional license In California law, if you do not request a hearing within 10 DAYS, your drivers license will be suspended after 30 days a DUI arrest. DUI Facts A charge of driving under the influence is really two charges: "driving under the influence of drugs or alcohol (or both)" and "driving with a blood alcohol level of .08 or higher." The penalties are the same for both offenses. A conviction on either offense counts as two points against your negligent operator count at the DMV, and your car insurance will increase. The punishment for each subsequent DUI is more severe and can include large fines and jail or prison time. If you are convicted of DUI, your sentence is increased if you were excessively speeding (either more than 100 mph, or more than 30 mph over the speed limit) at the time of the DUI, or had a child under age 14 in the car at the time of the DUI, or had a blood-alcohol reading over .20%, or had a previous conviction within 7 years, or refused to take a blood alcohol or Breathalyzer test. A carefully negotiated plea-bargain may let you avoid a sentence increase. If you are arrested for driving under the influence and refuse a blood or breath test, you will lose your driver's license for one year. If you take a test and your blood alcohol is .08 % or higher, the officer will take your driver's license. The DMV will give you a 30-day temporary permit; if you or your lawyer does not request a hearing within 10 days of your arrest, you will lose your license for four months. Depending on the facts, at the DMV hearing, your lawyer may present evidence showing that you should not lose your license. The DMV has a separate process for you to apply for a restricted license to drive to work. If the DMV suspends your license and you win your court case, your lawyer can make the DMV return your license. A DUI conviction is a felony in two situations. The first is if the drunk driving was negligent or violated a traffic law, AND injured (even slightly) another person. The second: a fourth dui conviction within seven years is an automatic felony.
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