San Leandro, San Luis Obispo, San Mateo DUI
Lawyers
- San Leandro
- Reid, Dennis:
What happens if I am arrested?
If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
- Kapsack &
Bair:
California Drunk Driving:
In the State of California, 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.
In order to be convicted of Drunk Driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, articulable suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution.
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 faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, 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.
Driving with a Suspended License:
Driving with a suspended or revoked license in California is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).
Driver's License Revocation:
Typically, a driver's license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving or is involved in a hit-and-run, the defendant's license may be suspended for a year or more.
- Donald Drewry:
Contrary to what many attorneys who do not regularly handle DUI cases
think, a DUI is not a traffic infraction, it is a misdemeanor crime
that is vigorously prosecuted, and in some cases it is charged as a
felony where people go to state prison. People are often given higher
sentences than they should be, including jail time, when the case is
not aggressively pursued. In fact, in some arraignment courts the
judges list the penalties that they will impose on a defendant on the
wall if the defendant will enter a plea on that date. This without
first investigating the case to see if the defendant has a defensible
case, and without the advise of an attorney. Many attorneys plead their
clients at the arraignment stage of the proceeding without ever
investigating the Intoxilyzer (breath testing equipment), or the police
report.
- San Luis Obispo
- Carassco, Pual:
DUI charges can leave you feeling immobilized; with a loss of driving privileges on the line, you want an experienced, tenacious lawyer.
- Fisher, David:
Being arrested for DUI/DWI can be an intimidating situation. Many people facing this charge have never been arrested before. And if you have been convicted of drunk driving before, another conviction could have serious consequences that affect you and your family.
If you are convicted of a first DUI/DWI offense Ñ whether you are accused of driving under the influence of alcohol, an illegal drug or a prescription medication Ñ you face a fine of $1,800, at least two days in jail, a mandatory drunk driving course and a six-month suspension of your driver's license. Penalties for a second offense and beyond are increasingly more serious.
To fight these consequences, you need an attorney who understands this highly technical area of law.
The small print on your DUI/DWI citation requires you to request a hearing within 10 days, or your driver's license will be automatically suspended for six months. This hearing is separate from the criminal justice process.
If you request a driver's license hearing at the DMV, you have a right to present evidence in your defense, and you may be able to avoid suspension. I can make this request on your behalf free of charge.
- Mueller & Mueller:
Individuals found to violate a criminal law whether through their own
admission of guilt or through the determination of a jury are subject
to fines, imprisonment, probation and community service, among other
penalties. The outcome of any criminal case depends upon the facts
surrounding the crime charged, the strength of the evidence, the legal
validity of law enforcement and courtroom procedure, and the goals and
strategy of the government and defense.
- Stein & Casciola:
After an arrest for driving under the influence, you must act quickly to protect yourself. Specifically, we only have 10 days after a DUI arrest to notify the DMV that you will be fighting the suspension of your drivers license. If you fail to obtain the counsel of an experienced attorney, you place your rights and your future at risk.
The Two Sides of a DUI Arrest
A drunk driving arrest triggers two parallel legal actions Ñ a criminal proceeding that determines your guilt or innocence of the charge, and a DMV administrative proceeding that could result in the loss of your driver's license. A person facing a DUI charge needs effective representation in both proceedings to fully protect their rights.
Success Is Possible
Contrary to what you may have heard, a successful defense of a DUI charge is possible, even if the results of the blood alcohol test exceeded .08 percent. The police may not have had a valid reason to stop your vehicle. The arresting officer may not have followed proper procedures. The breath test may not have been conducted properly. There may be biological or physical reasons for an inaccurate reading of your breath or blood test.
Minimizing the Consequences You Face
In some cases, the State's evidence is strong. It may make sense in these circumstances to obtain the best plea offer possible, so that you can put the event behind you and move forward in your life.
- Wilson & Wilson:
Felony
A felony offense is a crime punishable by up to one year in the county
jail, or state prison. When charged with a felony, a defendant is
entitled to a preliminary hearing to determine whether there is
sufficient evidence to support the charges. If the judge determines
probable cause, a felony case proceeds to trial. Misdemeanor
Misdemeanor offenses are punishable by probation, a fine and/or up to
one year in the county jail. Wobblers
Wobbler offenses are certain crimes which can be charged either as a
misdemeanor or a felony. Even if a wobbler begins as a felony, it can
be reduced to a misdemeanor at any time during the proceedings or after
successful completion of probation. Infractions Infractions are
relatively minor offenses which are only subject to fines. An
infraction is not punishable by imprisonment in either jail or prison.
Infractions are not subject to trial by jury. The more common
infractions are traffic tickets, including speeding and running a red
light or stop sign. Total penalties for infractions can be as much as
$250 or more.
- Jeffrey Stulberg:
DUI's Criminal charges involving driving under the influence of alcohol
or drugs probably represent the single largest category of aggressively
prosecuted criminal offenses. Even a first-time conviction for driving
under the influence of alcohol, illegal drugs, or even a
physician-prescribed medication can have serious legal consequences,
including mandatory jail sentences, loss of driving privileges, hefty
fines, and drastic increases in the cost of motor vehicle insurance
coverage.
If you have been charged with an alcohol or drug-related driving
offense, you should be represented by an experienced and skilled
defense attorney with the knowledge to properly evaluate your legal
position and advise on the most appropriate course of action.
Do not plead guilty or no-contest to an alcohol or drug-related
driving offense without first obtaining a professional evaluation of
your case by an experienced criminal defense attorney.
- Jere
Sullivan:
The Miranda warning is only required to be given to a suspect 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.
- O'Neil &
Woolpert:
Refusal DUI's are not in the same category as normal
DUI's. The DMV will suspend you for one year for any refusal to
complete a chemical test.
The court increases the jail to four days minimum.
The court and DMV require a six-month DUI class instead of the three
month class.
FIRST OFFENSE MISDEMEANOR DUI INFORMATION
1. DMV SUSPENSION
The FIRST MATTER to address is that the law enforcement agency that arrested you for the DUI has confiscated your California driver's license. You were issued a temporary license that is only valid for 30 days! The temporary license has no relationship to your first court date, and the judge cannot help you with this license problem.
The normal suspension period for a First Offense DUI is for four months. However, if it is proven that you refused to complete a chemical test to determine your blood or breath alcohol content, the suspension will be for one year for a first time offense.
2. APS HEARING REQUEST and FORM
The temporary license is not only a 30-day driver's license, it is also a DMV form that outlines the procedure that must be followed if you wish to contest the suspension of your license. You will not necessarily WIN if you request a hearing, but you will LOSE if you don't.
YOU HAVE TEN DAYS TO REQUEST THIS HEARING, COUNTING THE DAY OF YOUR ARREST, even if the calendar day that you were arrested is only one hour long!
NOTE! If the officer did not actually take your license because he or she forgot; or you did not have it with you at the time of the arrest; or you have an out of state license; or the temporary license - Notice of Suspension was misplaced after your release from custody, THERE IS STILL SOMETHING THAT MUST BE DONE. If you want any chance of AVOIDING the suspension of your license, you must contact the DMV concerning the action to suspend your license. Regardless of whether you physically received your temporary license or not, the DMV will have the notice of suspension and will begin the process of suspending your license!
I can help you with this hearing application, NO OBLIGATION, just call my office or you can use the form which I have provided. You can change your mind later and cancel the hearing after reviewing the evidence. If you fail to request the hearing you will automatically lose your license and no attorney will be able to assist you with this problem.
The address on the form provided applies only to someone who was arrested in San Luis Obispo County. APS hearings are normally held in the same county where the offense occurred. Our county's DMV Driver's Safety Headquarters is located in Oxnard, although the in-person hearings are held in the city of San Luis Obispo.
If you contact the DMV to request a hearing, keep a record of who you spoke with and when you called as you may need it to prove that you called within the ten day time limit. In the event that you decide to have an attorney represent you at this hearing, you should ask for an "in-person" hearing in San Luis Obispo; if needed, this can always be changed to a telephonic hearing at a later date.
You are entitled to represent yourself at the DMV hearing. Please understand this area of law is complicated even for experienced attorneys. The DMV is only interested with the legal issues; they are not interested in discussing how badly you need a driver's license, or how sorry you are!
3. GETTING YOUR DRIVER'S LICENSE BACK
Let's say you decide to accept the four-month suspension, or you were suspended after a DMV hearing. How do you obtain a license to drive?
Once you have completed one month of the four-month suspension, you can at your option, apply for a restricted license. The following three items must be completed in order to obtain a five-month restricted license.
(NOTE: Regardless of whether or not you requested and obtained a restricted license, the following must be completed in order to regain your driver's license at the end of the suspension. I suggest you begin preparing two-weeks prior to the "target" date, which is either the end of the completed one-month suspension, or the end of a four-month suspension.)
(1.) Obtain proof of insurance with an SR-22. The insurance company forwards the SR-22 to the DMV themselves and this may cause you an unwanted delay. This is the same SR-22 that needs to be filed if you were convicted of a DUI.
(2.) Obtain proof of enrollment in the correct DUI class. The class will file proof of enrollment with the DMV. This also can take some time to be completed with Sacramento.
(3.) Lastly, the DMV will require a check in the amount of $125.00.
4. REFUSAL TO COMPLETE A CHEMICAL TEST
Refusal DUI's, i.e. refusing to complete a chemical test at the time of the arrest is not in the same catagory as a normal DUI.
1. The DMV will suspend your license for one year if this is your first DUI offense.
2. The Court increases the jail portion of your sentence.
3. The Court and DMV will require you to complete a nine-month DUI class instead of the three-month class.
5. SECOND OFFENSE DUI
If you were convicted of a DUI within the last ten years, your new case would be considered a "Second Offense DUI". The sentence is substantially more sever for this offense.
A prior conviction in juvenile court will not count as a prior conviction in the criminal case. However, the prior conviction will count against your driving record. In other words, you will have to attend a multiple offender DUI program if you are convicted of DUI.
6. COURT PROCEDURE
You have three options for appearing in court:
(1.) You may represent yourself; you will of course be required to be present for all of your court dates and expected to know what you are doing.
(2.) Depending on your income, you may be eligible to be represented by the public defender.The standard charge for that service is $500.00.
(3.) You may retain an attorney to appear in court for you and you will NOT have to appear in court unless the attorney believes it may be in your best interest to do so, or if the matter is a felony.
7.FIRST OFFENDER SENTENCING
I will briefly cover the basic sentence for a first offense DUI in San Luis Obispo County.
JAIL: Let's get that out of the way first. For a defendant who completed a chemical test and the BAC was less than .15%, the normal jail sentence is two days in the custody of the San Luis Obispo Sheriff Department. The sheriff has several methods of serving this obligation, including the Sheriff Alternative Work Program.
If your BAC is .15% -.19% the normal jail sentence is five days in custody.
If your BAC is .20% or greater, or if you refused to take a chemical test, the normal jail sentence will be longer, normally ten days in custody.
Other factors may also be considered in the setting the jail sentence.
The fine for a first offense DUI in San Luis Obispo is $1755.00. For an additional fee of $30.00, the fine can be paid in monthly installments. The court can also consider your request to work off the fine at $10.00 per hour under the supervision of various SLO organizations.
First Offense DUI Classes are ordered in all cases and is monitored by the Court and the DMV. DUI Classes are a minimum of three months. You may attend the DUI class in your county of residence. If you were convicted of driving with a BAC of .20% or greater, or you have refused to take a chemical test, a longer nine-month First Offender Class is required.
The State of California also mandates that you must have proof of insurance on file with the DMV if you are convicted of DUI. The only acceptable proof of insurance is a SR-22 that you can obtain from your insurance company. This provides proof to DMV that you carry at least the required minimum PL and PD insurance. Neither your insurance policy nor your proof of insurance card will be accepted over the required SR-22! If you do not have the SR-22 on file on the date of your conviction, or at least within a few days thereafter, you can expect to receive another letter of suspension from the DMV!
The DMV is also going to suspend your license for six months because of this DUI conviction. You are going to have to deal with DMV regarding these suspensions if you wish to obtain a work license.
I can easily think of at least 7 different suspensions that you could receive from the DMV out of a First Offense DUI.
1. Admin Per Se; driving with BAC .08;
2. Conviction of a DUI;
3. Negligent Operator, i.e. too many points on your driving record;
4. No SR-22 on file; proof of insurance;
5. No proof of DUI class on file;
6. Accident; no proof of insurance.
7. Medical condition
Good luck getting out if you fall into this DMV quicksand without help!
- San Mateo
- Dunn, James:
You NEED a lawyer if you or a loved one . . .
. . . have been arrested for Driving Under the Influence (DUI or Drunk Driving)
. . . have gotten a pink temporary license to drive
. . . need to set up a DMV hearing to keep your license
. . . attempted to perform Field Sobriety Tests
. . . took a hand-held breath tests before being arrested
. . . submitted to a chemical test -- blood, breath or urine
. . . were arrested and taken to jail
. . . bailed out or were released from jail and given a date to appear in court
- Chance, Jonathan:
Drivers License Suspension & Administrative Hearing
If you have been arrested for drunk driving you have 10 days to contact the department of motor vehicles for an administrative hearing to be eligible for a temporary driving permit. Failure to contact the DMV will result in a suspended license and waiver of the right to appeal the DMV hearing. In California if you do not take the breathalyzer test your license will be automatically suspended for one year. In some instances a restricted drivers license is permitted by the DMV.
- Michael Davidson:
What to Do If You Are Stopped
Be polite: The most important thing you can do is to be polite to law enforcement. You know your rights, and should assert them, but do so with respect and restraint. Do not be aggressive, swear, or threaten. Remember--if the officer does arrest you, the next move is in his or her hands. The officer can drop you off at a closer facility that will be more convenient for all concerned, or can go out of his or her way to make things difficult and take you to the county jail.
Be cautious of roadside sobriety tests: If you are certain you are legally intoxicated, you may choose to refuse the roadside sobriety tests. A roadside breath test should also be refused, unless it is an evidentiary breath test or E-Pass test.
Retain a DUI defense lawyer: The only way to minimize the consequences of a DUI stop effectively is to retain qualified counsel.
If you have been charged with Drunk
Driving, possible consequences include misdemeanor and felony
convictions, a thousand dollars in fines, probation periods and even
jail or prison time. Once you have been convicted of a DUI charge, the
penalties stack up against you with each additional offense. For
example, the maximum jail sentence related to oneÕs first DUI offense
is six months. However, a fourth offense within ten years is punishable
by up to ten years in state prison.
As part of California's implied consent law, if you are accused of drinking and driving, you must consent to an evidentiary blood or breath test. This does not mean that you necessarily have to submit to a field sobriety test, however.
Which to choose?
Urine Tests: Urine tests are not effective means to measure blood alcohol content, and are no longer used in California for that purpose. If an officer suspects that you are driving under the influence of drugs? San Mateo Lawyer you may be asked to take a urine test. Do not volunteer for a urine test; however, do not refuse a urine test if asked to submit to one.
Blood Tests: Blood tests are the most direct, and hence most accurate, measure of blood alcohol levels. Because a blood test allows for multiple tests of the same sample, it is more accurate. If you know that you are intoxicated, do not volunteer to take a blood test, especially if you have already had a field breathalyzer test, as it will only reinforce the District Attorney's case. However, if you are sure that you are not intoxicated but have been brought in under suspicion of DUI, its accuracy will work in your favor and prove the breath test wrong.
Breath Tests: A breath test is the most common field sobriety blood alcohol test. Unless it is an evidentiary breathalyzer machine (E-pass) which is mandatory, I do not recommend you volunteer to take it--or any--field sobriety test if you are intoxicated. At the police station, however, if you are certain that you are legally intoxicated, a breath test may be your best option. It is easier to challenge the validity of the breathalyzer because there is a greater likelihood for a faulty test.
- Paul Carraras:
Finding and working with a Lawyer can be a difficult task. However,
there are many situations that arise that require sound legal advice
and representation.
- Phillip
Barnett:
Few people are aware of the long-term consequences a minor criminal
conviction can have on a personÕs life. Many people who are arrested
for crimes such as shoplifting or drug possession are embarrassed, and
often they want to get their case over as quickly as possible by
pleading guilty or by accepting the first plea arrangement offered by
the prosecutor. However, the consequences of the conviction may not be
apparent until years later when the person applies for a job and the
offense shows up on a background check or credit report requested by
the prospective employer.
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