Santa Ana DUI Lawyers

Vargas, George: Driving Under the Influence of Alcohol / Drugs If you have been arrested for a DUI, you do not need to plea guilty. There are several defenses that may be available to you, here are a few: * The arresting officer did not have probable cause to pull you over * You were denied your right to a choice of a blood or a breath test. * The chemical test results were inaccurate * You Were Questioned In Violation Of Your Miranda Rights * You requested but were denied the right to see the credentials of the person who drew your blood * You Requested But Were Denied The Right To An Independent Test * You Have Been Denied Your Right To A Speedy Trial * There was not a proper chain of custody for any evidence seized. * The officer did not follow the proper procedures when administering the alcohol tests * The officer did not follow the proper procedures when administering the field sobriety tests * Your Blood Alcohol Level Was Lower When Driving Than When Tested * The Breath tests results were too high because there was still alcohol in your mouth Driving under the influence can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries. If you are arrested for a DUI, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station. YOU ONLY HAVE 10 DAYS TO REQUEST A DMV HEARING AFTER YOUR ARREST! Therefore, it is extremely important that you consult an experienced attorney after your arrest, so that immediate steps can be taken to preserve your right to a DMV hearing and to prepare a defense against DUI charges. Your freedom and record are too important to entrust to a non-qualified attorney. I have successfully defended hundreds of people with their Drunk Driving charges.

Bruno & Hogle: DUI IS A SERIOUS AND UNIQUE OFFENSE A DUI conviction can result in criminal penalties such as fines, jail, probation, and/or community service. Moreover, you will lose your license within 10 days of the arrest if you do not act quickly! By statute, there are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that. Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders Đ especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who will help you avoid harsh jail sentences. DUI PENALTIES DUI is a serious crime, and it should not be taken lightly. Individuals arrested for DUI are generally charged with having violated two separate statutes. The first statute is driving under the influence in violation of California Vehicle Code section 23152, subdivision (a). The second statute is driving with a blood alcohol concentration (BAC) of .08% or greater in violation of California Vehicle Code section 23152, subdivision (b). If a person is convicted of having violated either statute, they have lost their DUI case. Unless expunged, a DUI conviction will appear on a criminal record as a misdemeanor conviction for life. A record of a criminal conviction could jeopardize your current and future employment. Also, it can impact a personŐs professional license. This is particularly true if you are a doctor, lawyer, nurse, x-ray technician, pilot, police officer, or hold professional licenses with the SEC or NASD. Additionally, a person who is convicted of DUI is subject to harsh legal consequences such as jail time, fines, license suspension, mandatory DUI School, and probation. DUI AND THE DMV When a person is arrested for DUI, the officer will seize the individualŐs California driversŐ license. During the arrest or upon release from jail, the person will be served with a pink notice of suspension also knows as DMV Form DS-367. It is important to note that a person has only 10 days from the date of the arrest to schedule a hearing with the California Department of Motor Vehicles to contest the license suspension. Failure to schedule a hearing will result in automatic license suspension thirty (30) days from the date of the arrest. When you hire Bruno & Hogle, LLP, to represent you, we will schedule your hearing with the DMV. At that hearing, we will present your side of the story, and challenge evidence that is against you. We will do everything that can be done to prevent your license from being suspended. FIGHT YOUR DUI If you have been arrested for DUI in Southern California, retaining a qualified DUI attorney is the most important decision you will make. An accomplished DUI lawyer will protect your rights, investigate the circumstances of your arrest, and inform you of your legal options at all stages of the case. Our firm has received special training in field sobriety tests, breath alcohol tests, and blood alcohol tests administered by the police. After years as defense practitioners, handling an intense amount of DUI cases, we have the trial skills and knowledge to successfully defend against your DUI charges.

Serrato, Fabian: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Few statements can be more frightening to hear, when they are addressed to you, especially if your immigrant status is a factor. You have been charged with a crime. Will you be deported? Will you be sent to jail? You have many questions. You want to know what will happen next. You want to know what are the realistic possibilities for your situation.

Kim, Christian: DUI A typical DUI (Driving Under the Influence) case involves two charges. Vehicle Code Section 23152(a) makes it illegal for anyone to drive a motor vehicle while under the influence of alcohol or drugs. Vehicle Code Section 23152(b) makes it illegal for a person with a blood alcohol level of .08% or more to drive a vehicle. These two charges are related but separate charges. A person charged with these two offenses may be acquitted of one of the charges yet be found guilty of the other. For example, a person who has a low tolerance for alcohol may only have a blood alcohol concentration of .04% and yet found to be too impaired to drive a car and thus guilty of violating Section 23152(a). A person who has a high tolerance for alcohol may not show any signs of impairment even at a blood alcohol level of .08% or more, and yet may be found guilty of Section 23152(b) for having a blood alcohol level over the legal limit. DUI is considered a misdemeanor punishable by a maximum of six months in jail. However, if a person has a prior DUI conviction within ten years of the current offense, the maximum punishment increases to one year in jail. Also, a DUI offense may be charged as a felony punishable by a maximum of three years in state prison if it is within ten years of three prior DUI convictions. A DUI offense that causes injuries to another person will increase the potential punishment and may be charged as a felony. A DUI offense that causes the death of another person may be charged as a manslaughter or murder. At a minimum, a person found guilty of a DUI offense will have to complete a 3 month DUI class, pay fines totaling more than $1000, and his or her license will be restricted or suspended for a minimum of 3 months to a year. A person charged with a DUI offense also has to deal with the proceedings initiated by the DMV, separate and apart from the court proceedings. If you are arrested for DUI, the DMV will suspend your license in a separate action from what the court is doing. Unless you request a hearing within ten days of the notice of suspension, you will lose your right to challenge the suspension. Being charged with a DUI can be an onerous and costly experience. Being represented by an experienced DUI attorney who knows how to handle the DMV hearing as well as the court proceedings is crucial in ensuring that all of your rights are protected.

Holder, Kenneth: Driving Under the Influence (DUI) In every state, it is a crime for a driver to operate a motor vehicle (car, truck, motorcycle, commercial vehicle, and even a boat) while impaired by the effects of alcohol or drugs. Key areas that law enforcement officers focus on are whether: Ą The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or Ą The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). Field Sobriety and Chemical Tests When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to submit to some form of chemical test for intoxication. Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having the driver recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test. Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of a DUI to choose which type of chemical test is administered. Refusing a Chemical Test: "Implied Consent" Laws All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of a DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are harsher than those imposed after a DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI. What Must be Proved to Convict You? In California, in order to punish you for driving under the influence of alcohol or any drug, a prosecutor must prove at minimum: 1. You were driving a vehicle; and 2. While driving, you were under the influence of an alcoholic beverage, or any drug, or under the combined influence of alcohol and any drug. However, proving additional facts can lead to enhancing your punishment, and/or lead to the filing of a felony charge instead of a misdemeanor. Among these other factors: Ą Your level of toxicity - Although it provides only an estimate, you can understand roughly how your body may react to the influence of alcohol by visiting the "Drink Wheel". Note however, that due to the uniqueness of our bodies, there are additional factors that can increase or decrease the result of your alcohol toxicity/BAC (blood alcohol content). Ą Your involvement in an accident while driving under the influence. Ą Injuries caused to third parties resulting from an accident while you were driving under the influence. Ą Prior/multiple DUIŐs you have had within 10 years of the current charge. Administrative DMV Hearings: In addition to the criminal proceeding against you, you will be subjected to a suspension of your license by the Department of Motor Vehicles. This is an administrative action that is civil in nature, but is still an action that you should have your attorney undertake and represent you because of the length of your license suspension put at risk. The length of the suspension depends upon several factors if it is determined by DMV that you drove under the influence. The first factor is whether you tested over the legal limit or refused to submit to the test. The second factor is the number of prior DUI convictions you have had. The DMV Hearings are separate actions from the criminal court action against you and is, therefore handled in a different manner from the criminal representation. Many attorneys do not take these hearings as seriously as the criminal proceedings and often do not conduct a thorough and comprehensive investigation prior to the conduct of the hearing. In addition, many attorneys treat the DMV Hearings as a minor proceeding, and simply conduct them over the telephone, which our office considers to be a disservice to our clients.

Paul St. Amant: If you have a family law or criminal matter in Orange County, Riverside County, San Bernardino County or Los Angeles County, you need the assistance of an experienced attorney who knows the local court where your case is pending.

Keith Bruno: DUI is a serious crime, and it should not be taken lightly.ĘIndividuals arrested for DUI are generally charged with having violated two separate statutes. The first statute is driving under the influence in violation of California Vehicle Code section 23152, subdivision (a). The second statute is driving with a blood alcohol concentration (BAC) of .08% or greater in violation of California Vehicle Code section 23152, subdivision (b). If a person is convicted of having violated either statute, they have lost their DUI case. Ę Unless expunged, a DUI conviction will appear on a criminal record as a misdemeanor conviction for life. A record of a criminal conviction could jeoprodize your current and future employment.Ę Also, it can impact a personŐs professional license. This is particularly true if you are a doctor, lawyer, nurse, x-ray technician, pilot, police officer, or hold professional licenses with the SEC or NASD. Additionally, a person who is convicted of DUI is subject to harsh legal consequences such as jail time, fines, license suspension, mandatory DUI School, and probation. Ę If you have been arrested for DUI in Southern California, obtaining a qualified DUI attorney is the most important decision you will make.

Micheal Doudna: If you have been accused of an Orange County crime, you need an Orange County lawyer. The out of town attorneys do not know our courts.

Gilbert & Marlowe: A brush with the law can be a stressful and life-altering experience. Depending on the charges you face, you could be subject to some serious penalties, including jail time, fines, community service, restitution, and even prison.

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.

Gale, Vallance & Nielsen:

If you are convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), you may face significant fines, California driver license suspension and other potentially devastating penalties. So, what do you do?? First, realize that you are not alone.

"Don't ever plead guilty to a DUI without at least consulting an attorney first - there are too many defenses to just plead guilty."
-- Police Sergeant Jack Anderson, Garden Grove Police Department, in speaking to traffic offenders at Orange County Superior Court, Harbor Justice Center, Newport Beach.

Some of the most common questions our California DUI Defense Lawyers hear include:

What is a "D.U.I"?
D.U.I. stands for "driving under the influence," and typically involves two criminal charges:

Driving under the influence of drugs or alcohol (section 23152(a), California Vehicle Code).
Driving with a blood or breath alcohol concentration of 0.08% or more (section 23152(b), California Vehicle Code).

My license was suspended immediately on the scene - can they do this?
The law in California provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test.

It is important to understand that if you have been charged with a DUI there are 2 separate legal issues that must be addressed: The suspension and status of your driving privileges (DMV Hearing) and the criminal charges you have been arrested for. It is vital that you contact an experienced DUI attorney as soon as possible following your arrest. There are specific deadlines that must be met in order to protect your driving privilege and address the serious criminal charges you face.

What are the possible penalties for a California DUI charge?
It is important to understand that you should consult with an experienced California defense attorney to review your individual charges, and to develop a plan of attack for your case. There are many extenuating factors that a judge will take into consideration when determining your possible penalties, these include:

Having a child under 14 in the car
Refusing to submit to chemical testing
Speeding 20 mph over the limit
Having a prior conviction within ten years
Having a blood-alcohol reading over .15%

Possible penalties for a DUI / DWI charge in California can include one or more of the following:

Incarceration from a few days in county jail to many years in state prison
Probation, either formal (with a probation officer) or informal
Monetary damages in the form of fines, penalties, and restitution
Restriction, suspension or revocation of your California Driver License
Mandatory attendance at treatment programs
Car impoundment
Installation of ignition interlock device

The severity of these various DUI penalties varies depending on prior DUI convictions and the circumstances of the current case.

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.
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.
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.
Will Bruzzo: Driving under the influence charges (DUI) can be filed as a misdemeanor or felony. If the case involves serious injury to a person or the client is charged with a fourth misdemeanor conviction within 7 years of three previous convictions then the fourth case can be filed as a felony. A person can be charged with the crime of DUI if they have a 0.08 blood alcohol level in their system OR if they have any amount of alcohol in their system and it effects their driving. In addition, a person can be charged with driving under the influence even if no alcohol is present but they have ingested some other mind-altering substance to include prescription drugs. Defenses to DUI charges include: a bad stop, meaning the police officer did not have a good reason to initiate contact with the client; the arrest was unlawful or lacked probable cause; the client burped, vomited or regurgitated prior to giving a breathe test; there is a chain of custody issue with a blood sample; the blood sample was somehow compromised and other defenses. The client can choose either a blood or breathe test or can choose to take both. A urine test is no longer an option.
Lewis Crouse: The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an "aggravated felony," which can include "a crime of violence for which the term of imprisonment [is] at least one year." In line with this provision, aliens convicted of driving under the influence of alcohol (DUI) in states which characterize a DUI conviction as a crime of violence have been subjected to automatic deportation, even if they have been legally residing in the U.S. for years. However, the U.S. Supreme Court recently barred deportation of an alien convicted of DUI pursuant to the aforementioned INA provision. In November 2004, the Court held in Leocal v. Ashcroft that state DUI offenses that do not require proof of any mental state, or require only a showing that an individual acted negligently in operating the vehicle, are not crimes of violence for purposes of expedited alien deportation.
Gilbert & Marlowe: Depending on whether the defendant is granted probation, restitution has two, possibly three, purposes: To rehabilitate the defendant If probation is conditioned on payment of restitution to the victim, the primary purpose is rehabilitation To compensate the victim If the defendant is merely required to pay restitution, the purpose of restitution is to compensate the victim for any loss resulting from the crime (usually in fraud cases) To eliminate the need for a civil proceeding Restitution helps the victim avoid the cost of pursuing a lawsuit in a civil court for damages related to the crime.
Paula Drake: Be sure to call within 10 days of the arrest date in order to stay the automatic license suspension and to schedule and hearing to save your license.
Will Bruzzo: There are several different occasions when a DMV hearing may occur but the most common event is as a result of the driver being stopped for driving with a blood alcohol level of 0.08 or above.
Ricardo Nichol: Convictions and arrests can be an embarrassment and may limit options in a career, employment or education. Many state laws give persons with arrest and conviction records a remedy Đ they may be removed or "expunged" if certain legal requirements are met.
Rizio & Nelson: Whether or not you hire an attorney, you MUST request an Administrative Per Se hearing from the DMV within 10 days from the date of your DUI and request a "stay" on your license, or you will lose your driving privileges for up to 6 months. Once a hearing is set, your license will automatically be stayed (which means the suspension will stop) pending the outcome of your hearing. You must request this hearing in order to contest the suspension of your license. This hearing is SEPARATE from the court date you received on your citation. A commercial driver's license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or class B driver's license.
Perez & Perez: Consequences of a DUI can be harsh:
- Custody time in jail for first-time misdemeanor and up to 3 years in state prison for a felony DUI.
- Formal or Informal Probation
- Ignition Interlock Device on your vehicle
- Fines from $1,200 - $2,500.
- DUI alcohol programs
- Vehicle impoundment or permanent vehicle forfeiture
- Driver's license: suspension, restriction or revocation.
- Auto insurance increase or cancelled.
- Require an SR-22 with the DMV
  PLEASE CALL THE DMV WITHIN 10 DAYS OF ARREST TO STOP THE AUTOMATIC DRIVERS LICENSE SUSPENSION!
John Montano: If you have been arrested for Driving Under the Influence of Alcohol or Drugs, you must request a D.M.V. hearing within 10 days of your arrest. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked 30 days after your arrest.
David Beresford: DUI Penalties
Hartmann & Miller: If you are charged with a crime, or drunk driving, or have a juvenile case, you are best served by an attorney specializing in that field. Other attorneys who do not specialize in these areas may miss an opportunity to help you.
Fakhimi & Associates: One of the more complicated and often overlooked areas of law is the driving under the influence field. Those accused of operating a vehicle under the influence of either alcohol or a drug can not only loose their freedom, and be fined, in addition, the Department of Motor Vehicles can revoke or restrict their driving privileges. That is why it is imperative to contact an attorney and seek her/his help immediately after arrest. Remember: you have only ten days to request a hearing with the DMV, which may save your license.
Michael Sheldon: One of the most frequently charged crimes these days is driving under the influence. The ramifications from an instance of bad judgement can mean Jail, huge fines, and a drivers license suspension. Cases involving prior convictions or accidents with injuries are treated even more severely.

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