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Santa Clara, Santa Cruz, Santa Monica, Santa Rosa DUI Lawyers

  • Santa Clara
    • Daniel Jensen: Depending on your blood alcohol content (BAC), the circumstances of your case, and your prior record, your DUI arrest may result in a felony charge. A felony is any crime punishable with an imprisonment term of one year or more.
    • Cameron Bowman:

      The law in this area has changed dramatically, with much tougher penalties as of September 15, 2005. It is more important than ever to seek legal advice immediately after an arrest for any DUI. The consequences of a DUI conviction can be harsh: suspended license, revoked license, fines and jail time. You need to immediately hire a lawyer with a track record of success in minimizing the penalties associated with a DUI conviction.

      First DUI

      • Up to six months in jail – 48-hour minimum
      • $1,650 fine and penalties
      • 15-week to 6-month drinking driver program
      • 3-5 years probation
      • 4-12 month license suspension
      • 2 points on your driving record

      Second DUI

      • 30 days to 6 months in jail
      • $1,850 fine and penalties
      • 18 mos – 2 yrs drinking driver program
      • 3-5 years probation
      • 1 year interlock device installed in car
      • 1-2 year license suspension
      • 2 points on your driving record

      Third DUI

      • six months to one year in jail
      • approximately $2,000 fine and penalties
      • 2 year drinking driver program
      • 3-5 years probation
      • 2 years license suspension (restricted license after one year)
      • 2 points on your driving record
      • 1 year interlock device

      Fourth DUI - FELONY

      • Min. one year jail time; max three years in state prison
      • Approx $2,000 fine and penalties
      • 2 years drinking driver program
      • 3-5 years probation or parole
      • 3 years license suspension (may move to life)
      • 2 points on your driving record

       

    • Dennis Lempert: Being convicted for driving under the influence of alcohol and / or drugs has significant impact on the accused. Immediate loss of license, impounding of your vehicle, substantial increase in insurance rates, jail and court fines.
  • Santa Cruz
    • Janecki Law Office: DUI: Serious Crime, Serious Consequences In California, DUI is a serious crime and a DUI conviction comes with serious consequences. These consequences depend on your individual circumstances but may include jail time, drinking driver classes, fines, license suspension and even mandatory installation of an ignition interlock device.
    • Leemeing, Peter: Driving under the influence of alcohol or drugs is a serious offense in California. The penalties increase exponentially if there are prior convictions within the past ten years. If you blood alcohol is over .15, additional penalties may apply. If the offense involves an injury, or if there are three or more prior convictions, the case may be filed as a felony. People arrested for a DUI offense usually face a separate administrative action against their driving privilege by the DMV. If you have been arrested for a DUI in California, you must contact the DMV and request a hearing and a "stay" of the suspension of your license within 10 days or you will lose your license automatically. If you are charged with a DUI offense you should consult with an attorney immediately- certainly within 10 days of your arrest. Honest lawyers will tell you if they can help you or if they think they can negotiate a more favorable charge or penalty- or not. In California, an attorney can appear for you without the need for you to appear yourself in most misdemeanor cases, including DUI offenses. For many people, simply not having to appear in court is a sufficient reason to hire an attorney.
    • JP Lavallee:     Using the evidence that has been gathered, at the scene and at the police station, the District Attorney is building a case against you. You are now a defendant in a criminal trial. Words like "felony", "misdemeanor", "arraignment", "trial" may now relate directly to your life! Just because you are arrested and accused, you are not a criminal.     But you must defend yourself. To win a DUI case you must understand that at first, the power is concentrated with the government. Early on it may seem like they have all the power in the world over you and your life. They do not. However, they do have resources. They have a complete law firm (the District AttorneyÕs Office) with their own exclusive attorneys (the prosecutors). This is what you need as well. The police are trained to write reports and to testify in court. The prosecutors are attorneys who are trained to argue evidence to secure convictions. The stateÕs investigators gather evidence to convict defendants. The government employs full time ÒcriminalistsÓ who will testify against you.
    • Paul Sanford: If you have been arrested for DUI in California, you will be prosecuted twice - by the DMV which will try to suspend your license and by the District Attorney for the criminal case in Superior Court. The fact that you were arrested does not mean that you are guilty of a crime. Even if the evidence against you appears to be strong, an experienced DUI attorney can often make a major difference in the outcome of your case, both in court and with the DMV. Being represented by an aggressive, professional attorney is the best way to ensure that you will be treated fairly by the system. If you hire an attorney, you will probably never have to appear in court. The potential penalties for even a first DUI conviction are extremely harsh, including jail time, heavy fines, probation and driver's license suspension. It is never a good idea to plead guilty at the first court appearance. Please note that jail time is not always mandatory. Alternative sentencing options, such as community service, treatment programs and home confinement, are often available. An experienced DUI attorney can often convince the judge and the D.A. that the imposition of a jail sentence would benefit neither you nor society. You wouldn't allow a divorce lawyer to prepare your will, would you? Hiring an attorney who is not knowledgeable and experienced in the complexities of DUI/DMV law is a major mistake. Only an experienced DUI/DMV attorney can best protect your legal rights.
    • Mary Conn: Do I have to submit to a breath, blood, or urine test? No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will take the test.
    • Donald Kelly: If you have been stopped for drunk driving, or driving under the influence, your driver's license may be at risk.  You need to act quickly to preserve your driving privileges.  Department of Motor Vehicle (DMV) rules state that if you do not request a hearing to contest the loss of your driver's license within ten days, your license will be gone.
    • Benjamin Rice: Unfortunately, the way our laws are going, even if you have had only small amount of alcohol and you are not impaired, as long as you smell like alcohol, your chances of being arrested are very high. However, being arreseted for DUI does not automatically result in a conviction or loss of your drivers license. Protect your rights and save your license.
    • John Thornton: 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.
  • Santa Maria
    • Sanger & Swyson: DUI cases also involve certain specialized issues including administrative proceedings before the Department of Motor Vehicles (DMV), Fourth Amendment issues regarding the stop, detention and arrest of the client and the technical operation of the PAS test, other chemical analysis and blood tests.
  • Santa Monica
    • Imhoff & Associates: Operating a vehicle while under the influence of alcohol or drugs is against the law in every state and such offenses are taken very seriously in a court of law. Increased awareness about the negative effects of drunk driving as well as pressure from numerous activist groups has caused law enforcement officials, judges, and politicians across the nation to make a more concerted effort toward securing convictions for those accused of drunk driving. This makes it extremely difficult for individuals charged with drunk driving offenses to receive a fair trial. If you or someone you know has been accused of drunk driving, dont face the charges alone. A knowledgeable and experienced criminal defense attorney can ensure your rights are not violated and help reduce or dismiss your charges. Essentially, drunk drivingalso referred to as DUI, DWI, or OUIrefers to an individuals inability to adequately operate a vehicle as a result of substance abuse, whether the substance is alcohol, narcotics, prescription drugs, or over-the-counter medication. Drunk driving laws vary according to state and the consequences typically depend on a number of factors surrounding the case including prior convictions, parole status, and more. Punishments and penalties of drunk driving convictions include, but are not limited to: ¥ Jail time ¥ Loss of drivers license and insurance ¥ Vehicle impounded ¥ Parole/probation ¥ Court ordered rehab or driving school ¥ Hefty fines ¥ Other
    • Alec Rose: "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 (BAC) 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 several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.Ê 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.
    • Randolph & Associates: From drunk driving (DUI) and domestic violence to murder and drug charges
    • Jeffrey Douglas: Criminal convictions are difficult to escape. A conviction can haunt you long after your legal punishment has ended. With a conviction on your criminal record, it may be difficult to find a job, even secure a loan.
    • Robert Berke: You should consult an attorney for individual advice regarding your own situation.
    • Cliff Nichols: ... people who are accused of a crime are worried about losing their driving privilege, their employment or even their freedom.
    • Susanne Griffin: When choosing an attorney, the most important factors are competence, legal expertise, experience and dedication to the client. In addition, an attorney should be empathetic, involved, must care about the clients problem.
    • Jeff Voll: The DMV hearing is a very technical hearing. The DMV reviews only limited issues and they are difficult for non-attorneys to understand. The hearing officers, who are not attorneys and who feel it is their purpose to keep you off the road, will not be sympathetic to you because they view anyone who drinks and drives as a menace. Therefore, it is essential for you to have an attorney at a DMV hearing to properly defend your rights.
    • Devitt & Chelburg: Unlike other criminal charges, people charged with drunk driving often think they must plead guilty just because the "breathalyzer" read a certain blood alcohol level. This is not true
    • Steven Mandell: Every year approximately 250,000 people in California get arrested for driving under the influence of alcohol (DUI). The arrest is usually terrifying, bewildering, humiliating and obnoxious. But it is just the beginning of a dizzying series of procedures which will unfold over the next two to six months, carrying with it an astounding number of consequences and penalties. The consequences of the arrest begin almost immediately. At the time of the arrest, the police officer will take your driver's license and give you a suspension notice and a temporary license.
    • Cron, Israels & Stark: ...individuals and families confronting drunk driving charges in California are probably feeling angry, confused, and frightened about what has happened. Those feelings are natural because the consequences of a drunk driving conviction in California are serious. Potential sanctions include:
      • Alcohol highway safety school
      • Arrest and alcohol treatment costs
      • Cancellation of insurance
      • Community service
      • Criminal record
      • Fines and forfeitures
      • Increased insurance rates
      • Jail time
      • Job loss
      • Prison sentence
      • Probation
      • Suspension or loss of driver's license
      • Vehicle forfeiture or loss

      While the DUI-DWI arrest results in criminal charges and potential penalties listed above, most drivers do not realize that a drunk driving arrest also initiates a civil proceeding against their driving privileges, which is commonly referred to as a California Department of Motor Vehicles (DMV) license suspension. A DMV license suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or fails a breath or blood test.

  • Santa Rosa
    • Duarte, Peter: WHAT WILL HAPPEN IF YOU ARE CONVICTED OF DUI? DUI First Offense Within 10 Years: ¥ 48 Hours to 6 months of jail time ¥ 10 Month License Suspension with the possibility of ¥ Restricted Drivers License for limited driving to work and school only ¥ $2,000-$3,000 Fine plus Court Fees ¥ Mandatory 3-6 month Alcohol and Drug Treatment Program ¥ Probation for 3-5 years during which you can consume absolutely no alcohol before driving DUI Second Offense Within 10 Years: ¥ 96 hours to one year of Jail Time ¥ 18 Month License Suspension with the possibility of a Restricted Drivers License after one year of suspension ¥ $1800-$2800 Fine plus Court Fees ¥ Mandatory 18 month Alcohol and Drug Treatment Program ¥ Probation for 3-5 years during which you can consume absolutely no alcohol ¥ Interlock device Jail time, length of license suspension and the length of the treatment program continue to increase with further convictions. AN ATTORNEY COULD SAVE YOU FROM A CONVICTION! Once a driver is released from jail, that individual has only 10 days from the date of arrest, including weekends and holidays, to request a DMV hearing or risk having his or her license suspended automatically. Protect your rights, immediately contact the DMV or call my office to assist you in securing a DMV hearing! It is possible to succeed both in court and at the DMV hearing but these processes are extremely complex. The cost of losing is high as shown above. A conviction is not automatic. It is possible to fight and win a drunk driving case with the help of an experienced legal counsel.
    • Steve Spiegelman: State and federal procedures in a criminal trial must protect a defendant's due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant's due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.
    • Richard Sax: A conviction on DUI or DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
    • Ray Estabrook: If you are stopped for driving under the influence, you are legally required to show your driver's license, car registration, and proof of insurance.
    • John Thompson: Just because you failed a sobriety test does not mean you will be convicted of a DUI. With proper representation you can avoid DUI convictions or minimize the negative effects a DUI can have on your life.
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