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Santa Ana DUI Lawyers

1. Tears, Thomas: Santa Ana DUI Defense When you are arrested for DUI, there are two aspects to your case. The first is, of course, the criminal aspect. You will be tried for whatever crimes you are charged for and you will then either be convicted or the charges will be dropped or lessened, depending upon your legal representation and the unique circumstances of your case. The second is the DMV hearing that you will attend to determine what happens to your California driverŐs license. This hearing is extremely important because it is independent from your criminal charges, yet it deals exclusively with your freedom to drive.
2. Gilbert & Marlowe: DWI / DUI, drunk driving, boating while intoxicated Drug charges, including marijuana possession, crystal meth possession and manufacturing, cocaine possession, heroin possession, intent to sell Illegal possession of prescription drugs, including oxycontin, vicodin, and others Murder, attempted murder, assault, assault and battery, weapons charges, illegal possession of a firearm White collar crime, embezzlement, fraud, identity theft Theft, shoplifting, burglary, robbery, armed robbery Domestic abuse / domestic violence, violation of restraining order / order of protection Traffic offenses
3. Cronn, James: The earlier that a criminal defense attorney is involved in your case, the more likely you are to succeed in reducing your charges and minimizing penalties in your case.
4. Gallagher, Mark: I GOT STOPPED FOR A DUI, WHAT HAPPENS NEXT? DO I NEED AN ATTORNEY? CAN I LEGALLY DRIVE? If you have been arrested or received a citation for driving under the influence or if you have been involved in an accident with alcohol or drugs involved, you need a qualified attorney immediately. If you don't call us, call someone else, because the penalties for a DUI can be severe. Going through the process without a lawyer is almost always a major mistake. Every DUI case involves two major components, The DMV hearing and the Criminal Court system. Many law firms specialize in DUI law or DMV law, but you need someone that can handle both. Prosecutors handling DUI / DWI cases are sometimes willing to allow an accused drunk driver make a plea bargain, or plead guilty to a lesser charge. In some cases, a skilled California drunk driving criminal defense attorney can persuade a prosecutor to reduce the charge to a mere traffic infraction. Pleading guilty to a traffic infraction, such as speeding or an unsafe lane change, is an indisputably favorable outcome for an accused DUI / DWI driver. Pleading guilty to an infraction leaves the driver with a clean criminal record. The driver must only pay a fine and receive a point on his or her driving record. ThereŐs even a possibility that the point can be removed by attending traffic school. Prosecutors typically only offer to reduce a drunk driving charge to a traffic infraction if the case is not likely to win at trial. The prosecutor may realize how weak the case is after an adept DUI lawyer points out a fatal flaw in the conduct of the arresting officer, the driverŐs chemical test, or another piece of evidence. A plea bargain that reduces a drinking and driving charge to a traffic infraction is usually only available in cases where the driverŐs blood alcohol content (BAC) hovers near the legal limit of .08 percent. Other factors include the circumstances of the arrest, the jurisdiction where the charges are brought, and whether or not the driver has a prior conviction for drunk driving during the past 10 years. Sometimes drunk driving charges can be reduced to infractions that leave the driver with a clean criminal record and few repercussions.
5. Glenn Osajima: WHAT IS DUI?

   DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. IS THERE ANYWAY TO AVOID A DUI?

   It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. CAN I STILL BE IN TROUBLE FOR DRIVING, EVEN IF MY BAC IS BELOW THE LEGAL LIMIT?

   Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. DOES THE CAR HAVE TO BE MOVING FOR ME TO BE GUILTY OF DUI?

   No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car. 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 accept to take the test. CAN I FIGHT MY DUI ARREST?

   Yes. You may request a review of the driver's license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. IF I AM ARRESTED FOR A DUI, WILL I LOSE MY LICENSE?

   Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension. HOW LONG WILL I LOSE MY LICENSE?

   This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for four months for a first offense, and one year for a second offense. WHAT ELSE WILL HAPPEN TO ME?

   Once again, this varies from state to state. But more than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within ten years, results in a mandatory jail term and a third offense usually results in a sentence of no less than 120 days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.

6. Wilson & Associates: CRIMINAL DEFENSE Previous Page | Home Guilty? Not guilty? Felony? Misdemeanor? Not sure? What to do if the state unleashes its awsome power against you in a prosecution for DUI or any other crime, whether you're guilty or not: KEEP QUIET! You have a constitutional right to remain silent, so don't talk to the police or anyone else other than your attorney.
7. Joseph Smith: When your rights and future are at stake, you need the very best, aggressive representation you can find. You have no time to waste since time is of the essence. Finding someone who knows the law from both sides is an important benefit when it comes to legal issues.
8. Glew & Kim:

   TO PROTECT YOUR RIGHTS YOU MUST KNOW YOUR RIGHTS

   1. You have the right to remain silent- USE IT!

   2. The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4^th amendment rights. This gives the police the discretion to invade your privacy.

   3. You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.

   4. You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas.

   5. You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.