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San Diego University Substance Abuse Center:

The primary mission of the Center on Substance Abuse (CSA) Driving Under the Influence Program (DUIP) is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.

In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.

The San Diego State University CSA DUI Program operates under California license, (#3700501120). The Official licensee is the SDSU Foundation a California non-profit organization under Chapter 501(3)c of the IRS Code. However, the program is administered by the University College of Health & Human Services, School of Social Work through the CSA. Since its designated area of services by the courts is the San Diego court district, it is referred to as the "Central District DUIP". Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP), specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.

San Diego DUI Lawyers

• Friis, Erik: DUI Arrest Cases Two types of cases arise after a DUI arrest, DMV cases and court cases. Our San Diego DUI defense attorney serves Riverside, San Bernardino, and all of Southern California, and he has the necessary experience to provide the most thorough defense in both types of DUI cases. Back to top DMV Case At the DMV case associated with your DUI charges, the possibility of a driver's license suspension will be addressed. Our San Diego DUI defense attorney will help you vigorously fight a license suspension. This hearing is considered administrative and is not a criminal case. YOU HAVE 10 DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV AND REQUEST A HEARING. If the Law Offices of Erik A. Friis is hired to handle your case, our attorney will contact the DMV on your behalf. Once requested, your DMV case will held in the DMV's Office of Driver Safety. The court case, in contrast, is held in the county courthouse. The DMV does not have the power to fine you, put you in jail, order you to attend a DUI class, or implement any other penalties other than the license suspension. Back to top Court Case Your court case, in contrast to your DMV hearing, addresses what criminal penalties, if any, you will face for driving under the influence of alcohol or other substances. Criminal penalties can include jail time, fines, and DUI classes, among others. The court will not impose a driverÕs license suspension or restriction for a first or second offense by a person who is over the age of 21. In every case, our San Diego clients obtain expert representation from our DUI defense attorney Erik A. Friis will work tirelessly to achieve the best possible result in your case. This may mean achieving a complete dismissal of your entire case, getting the punishment reduced, or getting the DUI charge changed to reckless driving or another lesser offense. Back to top DUI Charges If you have been arrested for a DUI in California, you likely have been charged with two different crimes. The first crime, Vehicle Code Section 23152(a), is known as driving under the influence. The second, Vehicle Code Section 23152(b), refers to driving a vehicle with a blood alcohol content (BAC) of .08 percent or higher. If you are facing DUI charges, our San Diego DUI defense attorney will provide you with a thorough defense strategy and fight to see that your rights are protected. To speak about your case, contact the Law Offices of Erik A. Friis today. Back to top Driving Under the Influence (DUI) Some states have a crime on the books very similar to a DUI, known as driving while intoxicated (DWI). In California, a DUI violation has to do with driving under the influence in general. To be guilty of a DUI, you must be found to be driving a vehicle at the same time you are under the influence of alcohol, illegal drugs, or prescription drugs. A DUI charge does not require you to be drunk or intoxicated above any set legal limit, however. "Under the influence" simply means your driving is affected by the intoxicating substance. In a DUI case, a person may have any blood alcohol content (BAC) level, not just at .08 percent or higher. Driving under the influence of an illegal drug such as methamphetamine or marijuana, or under the influence of a prescription drug such as Vicodin¨ or Soma¨, can also bring a DUI charge. There is a presumption, however, that a person is not driving while impaired if he or she has a BAC lower than .05 percent. Driving, as related to a DUI charge, means there must be voluntary movement of a vehicle. That means you must be attempting to move the vehicle, and not just sitting in the vehicle or asleep with the engine running. A vehicle does not only mean a car. A golf cart or motorized scooter, for example, can also be defined as a vehicle under DUI law. The law also states that driving under the influence can occur on private property and while boating. If you are facing DUI charges, our experienced San Diego DUI defense attorney will fight to protect your rights. Back to top Driving with a Blood Alcohol Content of .08 Percent or Higher The second charge a person may face when accused of driving under the influence is Vehicle Code Section 23152(b). This section charges that a person is driving with a blood alcohol content of .08 percent or higher, which is not necessarily the case in all DUI charges. Although a person can be cited and charged with both Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b), a person would not be punished twice, even if found guilty of both charges. Regardless of the charges against you, our San Diego DUI defense attorney will help you protect your rights. Depending on the circumstance of your case, it is possible to achieve a complete case dismissal, plea bargain to a lesser charge, or any number of other outcomes. Don't give in to a DUI charge without a fight. Back to top Other DUI Crimes and Allegations In addition to the charges of driving under the influence and driving under the influence with a blood alcohol content (BAC) of .08 percent or high, there are several special allegations or crimes that you may face. These allegations may involved injuries as a result of a DUI, driving a commercial vehicle while driving under the influence, and driving while impaired when under the age of 21, having a passenger in the car under the age of 14, refusing to take a blood alcohol test, having a BAC that is considered excessive, or having multiple DUI convictions. Regardless of the circumstances surrounding your case, our San Diego DUI defense attorney will fight to protect your rights Serving Riverside and San Bernardino counties, Erik A. Friis is dedicated to providing his clients with personalized legal representation that gets results. Back to top DUI with Injury Under the law, a DUI resulting in injury can include two separate charges. These charges are much like the charges of driving under the influence generally and driving under the influence with a blood alcohol content (BAC) of .08 percent (Vehicle Code Section 23152(a) and (b), respectively). If you are found to be driving under the influence of alcohol or drugs, and that action is found to have resulted in bodily injury to another person, you can be charged with Vehicle Code Section 23153(a) or (b). Section (a) of 23153 alleges that you were driving under the influence generally and injury occurred. Section (b) means you are accused of driving with a BAC of .08 percent or higher and an injury occurred. Either can involve misdemeanor or felony charges. Whether the charge is treated as a misdemeanor or a felony depends on the extent of the injuries involved. Minor injuries will likely result in misdemeanor charges, while more serious injuries can result in felony charges. Back to top Commercial Drivers In addition to the basic DUI charges described above, drivers of commercial vehicles may face additional penalties under Vehicle Code Section 23152(d). Drivers of commercial vehicles can be charged with DUI with a blood alcohol content of .04 percent, much lower than the threshold of .08 percent for other drivers. A commercial vehicle DUI only applies if you were driving a commercial vehicle at the time of your arrest. Merely having a commercial driving privilege will not result in a vehicle code 23152(d) charge. However, even if you are not driving a commercial vehicle at the time of your arrest, you may face additional penalties if you hold a commercial driver's license. Back to top Drivers Under 21 Years of Age If you are under 21 years of age, you may be charged with a violation of Vehicle Code Section 23140. Vehicle Code Section 23140 makes it an infraction for a person under the age of 21 to drive with a blood alcohol content of .05 percent or higher. This standard is set for a DUI charge to be asserted in court, and differs from the stricter standard at a DMV hearing, where a potential driver's license suspension can be assessed with a BAC as low as .01 percent. Our San Diego DUI defense attorney serving San Bernardino and Riverside counties has the experience necessary to fight for your rights in both court and DMV hearings, no matter what the circumstances of your case. Back to top Enhancement for Passengers Under the Age of 14 Additional charges may apply if you are accused of having a passenger under the age of 14 in your vehicle while intoxicated. If you are accused of driving with a blood alcohol content of .08 percent or higher at this time, your DUI punishment may be further enhanced. Vehicle Code Section 23572 is a special allegation that can be added to other DUI charges. It alleges that there was a passenger under the age of 14 in your vehicle. In addition to this special allegation, the prosecutor may file a charge of Penal Code Section 273(a), child endangerment. A child endangerment charge can be either a misdemeanor or a felony and, if a person is convicted, can include consequences which are quite severe. No matter what set of charges you may be facing, our San Diego DUI defense attorney has the experience needed to ensure your rights are protected. Back to top Test Refusal Enhancement If you are accused of a DUI, it is perfectly legal for you not to answer questions related to your level of intoxication, perform any balance and coordination tests, and take a preliminary (field) blood alcohol screening device test (provided that you are not on probation for a DUI). Because field sobriety tests are performed before you are arrested, it is your right to refuse to take them. However, the law states that a person accused of a DUI must submit to a blood or breath test following a DUI arrest. This distinction can lead to misinformation or confusion at the scene of a DUI arrest, however. Simply put, the arresting officer is required to explain that the field test is not required. If the arresting officer in your case did not properly inform you of your right to refuse a field sobriety test, our San Diego DUI defense attorney, representing clients from throughout Riverside and San Bernardino counties, will fight to see that your rights are protected. Once the arrest takes place, the officer is also required to explain that you have a choice between a blood or breath test, or if drugs are suspected, a blood or urine test. You are required to take a blood or breath test following an arrest for DUI because, in order to drive in California, you have impliedly consented to taking such a test. If you refuse to take a blood or breath test, the officer can force you to give blood and still classify the arrest as a refusal case. If classified as a refusal case, the DUI punishment can increase in both court cases and DMV hearings, and it is all the more important to ensure you have the best representation possible. Back to top Enhancement for Excessive Blood Alcohol Content Level Once a person submits to a blood or breath test, a blood alcohol content (BAC) level that is considered excessive could result in a punishment increase. A BAC equal to or greater than .15 percent gives the court discretion to enhance the punishment for a DUI. A BAC equal to or greater than .20 percent requires the court to enhance the penalties for a DUI. If you are facing DUI charges with an excessive BAC percentage, our San Diego DUI defense attorney will work diligently to defend you and reach the best outcome possible in your case. Back to top Enhancement for Prior Convictions Having prior DUI or alcohol related reckless driving convictions within a 10 year period can cause the punishment associated with your DUI to increase incrementally with each successive conviction. This period is measured from incident date to incident date and not from the date of conviction. The law for prior DUI conviction enhancements has increased the time period after an initial DUI arrest from 7 to 10 years. This new law also applies to those who were arrested (and subsequently convicted) before the extended time period law was passed. On a fourth DUI within a 10 year period, a person could, and mostly likely would, be charged with a felony. Out-of-state DUI convictions can also count as prior offenses in California cases. However, to count as a prior offense, DUI convictions from other states must be constitutionally valid as defined by California law. Therefore, prior DUI convictions may be removed from consideration on the grounds that the arrest would be considered unconstitutional in the state of California. Back to top Court Procedures The following court procedures are typical of DUI cases. Court Procedures for In-State Drivers If you have been arrested for a DUI, you may not have to appear in court. If you have been charged with a misdemeanor, our San Diego DUI defense attorney will be allowed to appear in court on your behalf. In fact, you may be able to resolve your case without ever having to set foot in court. This means you will not have to miss work or suffer the stress and anxiety of appearing in court. Because the judge and prosecutor do not have to assess your credibility, it will not hurt your case if you do not appear in court for a pretrial appearance. You attorney will present all the information about you and your case to the prosecutor and the judge. If your case goes before a jury, however, your presence in court will be important. Back to top Court Procedures for Out-of-State Drivers If you live out of state, our San Diego DUI defense attorney will represent you with the same vigor that he does his in-state clients. You will not be required to appear in court as our firm can handle everything by phone and mail. A DUI in California can result in a driverÕs license suspension and other consequences in your home state. With an experienced California defense attorney on your side, you can obtain the thorough representation you deserve. Back to top Arraignment The first court appearance is called an arraignment. This appearance date is either listed at the bottom of a citation or on a piece of paper given to you when released from jail. The arraignment is your opportunity to answer the charges that have been leveled against you. This typically comes in the form of a guilty or not guilty plea. Typically, the accused will not have to attend the arraignment. Instead, our San Diego DUI defense attorney will usually enter a not guilty plea on behalf of the client at the arraignment (unless circumstances warrant otherwise). DUI cases are typically not resolved during this initial court appearance. Your attorney may appear several times before the case is resolved. Back to top Pretrial Conferences Most DUI cases are resolved at the pretrial stage. Following the arraignment, our attorney will be provided with arrest reports and other information about your arrest. A pretrial or readiness hearing is then set for a date several weeks after the arraignment. The purpose of the pretrial or readiness hearing is to attempt to resolve the court case or reach a plea bargain agreement. At this time, there may be several pretrial appearances while the attorney is gathering records and information and negotiating with the prosecutor and/or judge. Back to top Motions In some cases, our San Diego DUI defense attorney can file a motion to resolve an issue in your case. A motion is essentially a report that is submitted to the prosecutor and the judge arguing a certain position. The motion oftentimes is accompanied by an evidentiary hearing in the courtroom where the attorney can present evidence or hear evidence presented by the prosecutor. In some cases, a motion to suppress evidence following an illegal stop can be filed. In this type of motion, our attorney would present evidence that you were stopped for an unlawful reason, which could lead to a dismissal of the case. Back to top Jury Trial Most cases do not result in a jury trial. Instead, cases are typically resolved on a pretrial basis. However, if you are not satisfied with the results of pretrial negotiations, and there is a good cause to contest your case, you and your attorney may elect to take your case before a jury. The jury trial takes place in a courtroom in front of the judge and jurors. Evidence may be presented by both the prosecutor and defendant. If your case goes before a jury, our San Diego DUI defense attorney will work tirelessly to see that the most beneficial possible case is presented in your defense. Back to top Your Rights When Accused of DUI Laws have been established to protect the rights of those accused of DUI. If the officer at the scene did not follow the correct protocols in carrying out your arrest, this may represent a violation of your rights and justify a dismissal of your case. If you have been arrested for DUI, attorney Erik A. Friis will thoroughly analyze all the circumstances surrounding your case to determine if the letter of the law was followed. These circumstances can include any potential problems with your blood or breath test, misinformation you may have received regarding your rights, and other issues surrounding the lawfulness of your arrest. Back to top Objective Symptoms of Intoxication The police officer conducting a DUI investigation will usually note that the person being investigated for DUI has what are called "objective symptoms of intoxication." Objective symptoms of intoxication can include bloodshot and watery eyes, the odor of alcohol, an unsteady gait, slurred speech, among others. Because these symptoms are observations on the part of the investigating officer, they can be challenged. The officer may have failed to ask why your eyes were bloodshot or watery, for instance, which could perhaps be caused by wearing contact lenses. There are many reasons you may exhibit seemingly alcohol-related symptoms. It may be that physical defects or injuries caused you to walk unsteadily, creating the false impression that you were impaired by alcohol. The investigating officer may have failed to ask why you have an unsteady gait. It could be that the traffic stop occurred on a hill, adding to the difficulties of a balance test performed to determine intoxication levels. Our San Diego DUI defense attorney will fully analyze these and other issues surrounding your arrest to provide you a solid and effective defense against the charges you face. Back to top Field Sobriety Tests Field sobriety tests are designed to measure balance and coordination (physical impairment). Physical impairment occurs after mental impairment, and therefore, poor performance on field sobriety tests indicates that a person is already mentally impaired from alcohol. Mental impairment has to do with oneÕs ability to process information and divide attention. To ensure reliability, field sobriety tests must be conducted in accordance with the National Highway Transportation Safety Administration procedures. All too often, the appropriate field sobriety test procedures are not followed, however. Field sobriety test results can be affected by the conditions of the roadway or other surface where they are administered, the lighting, and the weather conditions at the time. The officer must explain each test and make sure you understand it before the test begins. If a test was not properly explained to you, the test result could be removed from consideration in your case. The following are common field sobriety tests performed in the state of California. * Horizontal Gaze Nystagmus (HGN) * Rhomberg * One-Leg Stand * Walk and Turn * Hand Pat * Alphabet * Counting * Finger Count * Preliminary Alcohol Screening (PAS) Back to top Horizontal Gaze Nystagmus (HGN) Horizontal gaze nystagmus, or HGN, is a horizontal shaking of the eyes. During a DUI investigation, the HGN test may be used in an attempt to correlate a personÕs horizontal eye shaking with the person's blood alcohol content level. In order to conduct a HGN test, the officer asks a person to track an object Ñ typically a finger or pen Ñ with his or her eyes. The officer is looking to see if the personÕs eyes shake in a horizontal manner while following the object. This shaking is supposed to indicate alcohol has been consumed. HGN testing is not regarded as scientifically reliable, however. If you were arrested for a DUI as a result of a HGN test, our San Diego DUI defense attorney, serving Riverside and San Bernardino counties, will fight to see that the evidence is excluded from consideration. Back to top Rhomberg The Rhomberg test, or modified position of attention test, involves standing with your hands to your sides, your feet together, your head back, your eyes closed, and your arms at your sides while estimating when 30 seconds has elapsed. The officer is simultaneously keeping track of the actual amount of time that passes and notes your accuracy in estimating the passage of time, looks to see if you raise your arms from your sides, and checks to see if you sway, if your eyelids flutter, or if you lose your balance. Back to top One-Leg Stand In the one-leg stand test, the investigating officer asks you to raise your foot off the ground approximately six inches with your arms at your side while looking at your raised foot and simultaneously performing a counting test. During this test, the officer looks to see if you sway while balancing, use your arms to balance or hop, or put your foot down. Back to top Walk and Turn In the walk and turn test, the officer asks you to place your arms at your sides, walk nine steps heel to toe on an imaginary straight line, pivot, and walk heel to toe back to the starting point. The officer is looking to see if you are touching your heel to your toe, if you raise your arms for balance, if you step off the line, if your lose your balance, or if you take an improper number of steps. Back to top Hand Pat In the hand pat test, the officer asks you to overlap your hands, with both hands facing down. You will be asked to pat the back of the lower hand onto the palm of the upper hand. You will then be asked to turn the lower hand over and pat the palm of the upper hand onto the palm of the lower hand. The speed of the hand patting starts slow and is gradually increased to a rapid pace. In order to determine if you are impaired, the officer is looking to see if you have difficulty patting your hands. This test is notoriously unreliable. Back to top Alphabet The alphabet test requires a person to recite or write the alphabet, the difficulty of doing which is meant to determine intoxication. This test may be affected by speech difficulties or language barriers. If you were arrested as a result of an alphabet test, our San Diego DUI defense attorney will thoroughly analyze the circumstances of your case to determine if your were arrested improperly. Back to top Counting The counting test usually involves reciting the numbers 75 backwards to 55. The officer is looking for an incorrect count or count beyond 55. Back to top Finger Count The finger count test involves counting using the thumb and fingers. The officer instructs the subject to touch the thumb to the tip of the index finger and count "one," then touch the middle to the thumb and count "two," the ring finger to thumb and count "three," pinky finger to thumb and count "four," and so on. The order is then reversed. The officer is looking for difficulty counting and keeping the fingertips together in order to determine if you are intoxicated. Back to top Preliminary Alcohol Screening (PAS) The last field sobriety test administered is usually a preliminary alcohol screening, or field breath test. Field breath tests are designed to detect the presence of alcohol, not the amount of alcohol in a personÕs body. In some cases, a PAS will not be administered. The officer is required to inform the subject that the test is not required and, if arrested, an additional blood alcohol test will be required. The guidelines and procedures for breath tests performed at a police station after an arrest are often not followed during a field breath test. Therefore, the preliminary breath test might be excluded from evidence. Our San Diego DUI defense attorney has the necessary experience to determine if any of the tests associated with your arrest were performed improperly. Back to top Chemical Test Results Following your arrest for DUI, the officer must advise you that you have a right choose either a blood or breath test. These tests are performed at a police station after your arrest and differ from field sobriety tests performed at the scene, which you are not require by law to take. Failure on the part of law enforcement to provide a choice of a blood or breath test after arrest Ñ with the officer simply performing one or the other Ñ could result in the suppression of the results and, potentially, a dismissal of your case. There are many areas surrounding blood and breath tests that can be exploited as part of your DUI defense. The tendency of blood alcohol content (BAC) levels to rise over time is one consideration. It may be possible to argue that you had a BAC that was actively rising at the time of your arrest. This could mean that your BAC was below .08 percent at the time you were driving, and later rose to the level measured by the test. Back to top Blood Tests For you to be convicted of a DUI offense, the prosecutor must show that the proper procedures were used to gather and analyze blood evidence. This means that the prosecutor must establish a chain of custody to show that the blood belongs to the intended subject and account for its whereabouts from the time it was drawn to its appearance in the courtroom. Other issues involving the collection of blood include the qualifications of those drawing the sample, and whether a proper amount of preservative was used. To preserve blood samples, a sodium fluoride preservative is used. Sometimes the use of an insufficient amount of preservative can cause bacteria or other microorganisms to grow in the blood sample. The presence of bacteria and microorganisms can compromise the sample's reliability. Our San Diego DUI defense attorney has helped many San Bernardino and Riverside clients successfully challenge blood test results, and he has the experience necessary to analyze the technical circumstances of your blood test and determine if ay improper actions occurred. Sometimes a lab will lose a blood sample altogether, so there is no result. Other times, a lab will lose a sample after deriving a blood alcohol content result. The defendant is deprived of a right to try to prove his or her innocence when this happens because the defendant has a right to take that sample and have it retested by his or her own expert. Failure to maintain a sufficient sample for retesting could result in sanctions against the prosecution and a potential dismissal of your case. Back to top Breath Tests Like blood tests, there are many issues surrounding breath tests that can result in improper DUI arrests. There may be maintenance and calibration problems with the particular machine used in your case. A request of maintenance and calibration records will reveal these defects. Sometimes compounds containing toluene or acetone, if recently ingested, can falsely register as alcohol during a breath test. Breath tests must be conducted according to a body of law, called Title 17 of the California Code of Regulations. Among other requirements, Title 17 requires an officer to take two samples and be trained in the operation of the breath test machine used. The blood alcohol content levels of the two samples must be within .02 percent of each other, and the officer must wait for an uninterrupted 15 minute period just prior to administering the breath test. There should be no food or gum in the subjectÕs mouth when the breath test is administered because alcohol could be trapped in these items. Radio frequency interference from law enforcement vehicles can also affect the result of a breath test. Back to top Lawful Arrest If you have been charged with a DUI offense, the arresting officer must take certain steps for your arrest to be lawful. If the proper steps were not taken, our San Diego DUI defense attorney serving Riverside and San Bernardino counties will help you vigorously defend your rights. Back to top Probable Cause for Stop If the officer did not have a valid reason to stop your vehicle, a motion to suppress evidence can be submitted to the court. Suppressing evidence means a jury will never hear the evidence, and the evidence essentially does not exist in the eyes of the court. This evidence can include blood alcohol or drug test results, police observations, and any statements you may have made at the scene. Suppression of evidence following an unlawful stop could result in your case being dismissed! An illegal stop can also occur at an authorized roadblock, at which the police are allowed to lawfully stop any and all vehicles. However, California law enforcement officials must meet eight guidelines in order to conduct a roadblock that is considered valid in court. These guidelines include: * Decision making at the supervisory level * Limits on the discretion of field officers * Maintenance of safety conditions * Reasonable location * Time and duration * Indicators of official nature of roadblock * Length and nature of detention * Advanced publicity, in some cases If you were stopped at a roadblock, skilled defense attorney Erik A. Friis, will determine if these measures were taken to assist you in the most thorough possible defense. If it is determined that the police did have probable cause to stop your vehicle, our San Diego DUI defense attorney will help you better understand other areas that can be analyzed in the defense of your case. If you were misled or misinformed about your rights at the scene Ñ such as your right to refuse a field sobriety test or answer questions about your alcohol consumption Ñ our experienced attorney will aggressively pursue your case to help ensure justice is obtained. Back to top Officer Has to Observe Driving In order for you to be lawfully arrested, Penal Code Section 836 requires that a law enforcement officer have probable cause to believe you have committed a public offense in that officerÕs presence. In DUI law, this means that, in order to conduct a lawful arrest, an officer must observe you driving while you are under the influence of alcohol. There are exceptions to this presence requirement if you were involved in an accident or the officer observed you in or about a vehicle that is obstructing a roadway, the officer feels you will not be apprehended unless immediately arrested, it is believed you may cause injury to yourself or others unless immediately arrested, or you may destroy or conceal evidence of the crime unless immediately arrested. In addition, driving may be established by your own admissions or circumstantial evidence that you were driving, such as the absence of others in the area of the vehicle, registration of the vehicle under your name, keys to the vehicle in your hands, the motor of the automobile is running, or you are sitting in the driverÕs seat. A private citizen may also conduct an arrest if the officer has not witnessed driving. However, California law must be followed to make the arrest legal.
• David Gutierrez: If youÕve been arrested: As a criminal defendant you have the constitutional right to be represented by a lawyer at all stages of the criminal proceeding. In certain cases your lawyer can appear for you in court without your presence under Penal Code Section 977. You should understand the constitutional rights that youÕll have during these criminal proceedings. 1. You have the right to a speedy and public trial. 2. You have the right to confront and cross examine all witnesses against you. 3. You have the right to remain silent. 4. You have the right to present evidence on your behalf and to subpoena all witnesses at no cost to you. The criminal process begins with the investigation and an arrest by a law enforcement agency. The arresting officers forward any reports, statements and evidence to the district attorney for prosecution. Once youÕve been arrested you will have the following court dates: 1. Arraignment - 2. The first court hearing is the arraignment. At the arraignment you will be presented with a formal complaint detailing any charges and special allegations against you. It is important to have your attorney at this stage of the proceedings to advise you of your constitutional rights, enter a not guilty plea, and request a reduction of bail or release on your own recognizance. 3. Pre-Trial Readiness Conference - 4. This is a conference where the Judge, Deputy District Attorney and your Defense Attorney will meet to discuss and negotiate a settlement of the case. Each and every case is different in circumstances and facts; as such a variety of scenarios may take place during this conference. For example: the Deputy District Attorney may give an offer to settle; your Defense Attorney may give an offer to settle; a continuance may be requested to conduct further investigation and discovery in the matter. If a settlement is not reached at this time the case goes on to a preliminary hearing. 5. Preliminary Hearing - 6. The preliminary hearing is an opportunity to listen to the prosecution's witnesses and hear the evidence in the case. A judge must determine if there are sufficient facts to indicate that the defendant is guilty of the alleged crime. The defendant has the right to a preliminary hearing within ten days after the arraignment. If sufficient facts are not found, the case is dismissed. If sufficient facts are found, the case is said to be bound over and the defendant is once again arraigned on the charges. The complaint is now formally called an information. 7. Trial Readiness Conference - 8. This is another opportunity for the defense counsel to negotiate a favorable outcome for the defendant. The judge, Deputy District Attorney and defense counsel meet to discuss the case.
• Phillip Gagnon: It would be so simple if Éyou could just walk in and talk to the prosecution about your DUI case. It would be so simple if Éyou could explain to them that you had a drink; but, you really weren't driving while drunk like the arresting officer said. And, you certainly didn't violate any California DUI law. It would be so simple if Éyou could just promise you won't do it again, and the drunk-driving charge against you would just be dropped so you could get on with your life after paying some reasonable fine. Riiiight. We both know this just isnÕt going to happenÉat least not that way. The ProsecutorÕs job is to get a conviction by whatever means he/she can.
• Eddy, Canizalez & Associates: Most drinking and driving offenses are misdemeanors. The most common misdemeanor drinking-driving offense is known as DWI, or driving while intoxicated, or DUI, driving under the influence of an intoxicant. Reduced to simple terms, most misdemeanor drinking and driving offenses consist of four acts. The operation or other use of a vehicle, in a covered location, while under the influence of an intoxicant. These four acts must be proven beyond a reasonable doubt to convict a person of any drinking and driving defense.
• Eugene Ellis: You need to hold your head up and realize that just because you have been given a DUI ticket, you are not a bad person. You are the same person you were the morning before you got your DUI ticket, and you will be the same person tomorrow. Don't give in to the humiliation tactics. It's not the end of the world, you will come through this.
• Ray Estolano: The punishment for a DUI ranges from jail/prison time to a fine with summary probation. Sometimes, depending on the facts, your case can be dismissed or negotiated down to what's called a wet reckless.
• Sandy Feinland: You may have a defense to a DUI charge of which you are not aware. You should contact an experienced DUI attorney to discuss your case.
• Mayra Garcia: California DUI: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental or physical faculties are impaired and/or their blood alcohol content is above the legal limit of .08. Even for a first offense, penalties can include mandatory overnight incarceration, license suspension, substantial fines, community service, and mandatory attendance at a state or DMV approved alcohol program. In addition, a DUI conviction stays on a DMV record for at least 10 years; it typically results in higher insurance premiums and may have a negative impact on the offender's credit record. Plus, a DUI could also jeopardize your employment opportunities or current employment. If someone was injured as a result of the drunken driving accident, however, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further,a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
• James Gleave: If you are arrested for a crime, the judge will usually set what is called "bail." Bail is sometimes set, per a schedule, immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment, which is the court date where the charges are read against you and you enter your plea. Bail is the amount of money you are required to pay in order to be able to leave jail during the period between your arraignment and trial. In some cases the judge may deny you any bail, meaning that you will have to stay in jail to await your criminal trial. For example, individuals who commit particularly reprehensible crimes or who are considered to be a high flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead allowed to post a portion of it, as a "bond." The bond is your promise that you will show up for all required court appearances. There are many different ways in which bond can be posted.
• Michael I. Gowdey: A qualified lawyer can offer a person accused of DUI many possible defenses, from defense based upon lack of probable cause to stop the person, to rising blood alcohol defense, and more. These defenses could result in dismissal of the charges, reduction of the charges, or outright acquittal at trial. Further, an experienced lawyer can safeguard a defendant's interests in areas that the defendant may not even think of when assessing the need for retained counsel.