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Santa Barbara DUI Lawyers

Attorney Offices for Santa Barbara

1. Webb, Joshua: DUI Defense Many people charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in California have a particularly difficult time dealing with their criminal charge, often because it is the first crime they have ever been charged with. DUI charges are made against approximately 1.5 million drivers every year. These arrests can result in serious consequences. A person who is convicted of a DUI can face heavy fees and penalties, a loss of driving privileges, and may be sentenced to serve jail time. Given that so much is at stake in a DUI case, it is important to hire an experienced criminal defense attorney who has handled many DUI and DWI cases in California, and who will guide you through the legal maze of the California criminal justice system and Department of Motor Vehicles (DMV). There are essentially two different cases that are brought against you when you are arrested for a DUI. First, there is the DMV case (Department of Motor Vehicles case) - this is where your driver's license may be taken away from you. Second, there is the criminal case - this can result in jail time, fines, classes for alcohol education, community service, impounding your vehicle, getting an ignition interlock device installed in your vehicle, or a combination of these things. It all depends on the facts of your individual case. California DMV Hearing If you have been arrested for a DUI, you must request a DMV hearing within 10 days of the arrest. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest. The DMV proceeding is very different from the criminal courtroom proceeding. These hearings are much more informal, and they are run by a Driver Safety Office (DSO) Hearing Officer, who is an employee of the Department of Motor Vehicles (this hearing is not run by a lawyer or a judge). The standard of proof in DMV hearings is a "preponderance" of the evidence, which is a much lower standard than what is used in criminal court. DMV hearings can be very technical, and the chances of a person winning without legal help are very low. Unfortunately, the DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school. Additionally, the DMV will sometimes discourage individuals from seeking a hearing, telling them that they "can't win". The documentation that is given to a person who is arrested for DUI can be confusing, and it does not clearly explain that a hearing must be requested in a very short period of time. Contrary to what it says on the form, you do not have to show that the suspension is not justified - rather, the DMV must show that the suspension is justified. According to the DMV's statistics for a recent year, 34% of all people who were suspended for DUI at the time of their arrest kept their driver's license by simply requesting a hearing to fight the suspension. Important Factors for California DUI Criminal Cases After the DMV hearing, the accused person must face the criminal proceeding. The Drunk Driving penalties in the state of California are set forth by statute and can be very complicated. The basic statute allows for a range of possible DUI sentences, but there may be modifications to the sentence based on the following factors: Having a prior conviction within the last seven (7) years Speeding 20 mph (or more) over the speed limit at the time of the DUI Having a child under the age of 14 in the car at the time of the DUI Having a blood-alcohol reading of over .20% Refusing to submit yourself to chemical testing Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as: The various facts of the case The policies of the prosecutors and local courthouse The weaknesses or "holes" in the case, as uncovered by the defense attorney The reputation of the defense attorney It is important to note that the results of the breath, blood or urine test will be a factor in determining the charges that will be brought against you and the possible sentences. If you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of the driving, and not at the time of the test. This is a very important difference that may be used in your favor. It is also important to understand that the tests - particularly the breath tests -- are unreliable and therefore susceptible to attack by an experienced DUI attorney.
2. Cruz & McMurray: divorce law, family law, DUI law and criminal defense
3. Appel & Morse: DUI cases and DMV licensing issues - Drug cases: Possession, Sales, Transportation - Domestic violence - Theft & Burglary offenses - Traffic matters - Juvenile offenses - Third strike cases - Warrants - Probation violations - Appeals - Expungements/sealing of records - Early termination of probation - Alternative sentencing - Victim representation.
4. Haaland-Ford, Tara: DUI / DMV Hearings DUI charges can leave you feeling trapped. When you have been charged with a DUI, your first step is to contact an attorney
5. Ferreira, Gabriel: Family Law Divorce Prenuptial/Post Nuptial Agreements Child Custody/Visitation Disputes Child/Spousal Support Minors' Counsel Restraining Orders Mediation Criminal Law Felonies, Misdemeanors, Infractions, Juvenile DUI/Driving Under the Influence Arrest/Bail Domestic Violence General Civil Litigation/Personal Injury Corporations/LLC's International Business Negotiation and Contract Contract work in Brazilian Law and Portuguese Translation of Legal Documents
6. Andrade Law Office: California Drunk Driving Defense Drunk driving is one criminal charge you need to fight aggressively right from the start. Even if it is your first DUI, you need to do everything you can to avoid a conviction. A DUI conviction is unlike many other criminal convictions: It may stay on your record forever For every conviction on your record, the penalties you face increase substantially A DUI will increase your insurance premiums A DUI can hurt your chances for employment, especially if you need to drive for work Do not wait to get legal help. There are a number of defense options to fight your DUI but your lawyer needs time to prepare your defense.
7. Santa Barbara DUI Lawyer: Police Officer Biases and Errors It is not uncommon for law enforcement officers to make errors while conducting a DUI investigation. Once you have been arrested the police officer must read you your Miranda Rights, prior to conducting a custodial interrogation, otherwise, any statements you may have made to the officer may be excluded. Depending upon the facts of the case, this may lead to a favorable disposition or even an outright dismissal. Santa Barbara DUI investigators will often report that they observed the same physical symptoms in the majority of their DUI investigation police reports. Some of the most common reported observed symptoms are: Slurred Speech The odor of alcohol emanating from the person Red, bloodshot, water eyes An unsteady gait Obviously, there may be other reasonable conclusions that may be drawn from these observations other than impairment due to alcohol or drugs. Furthermore, the officerÕs credibility may be questioned since most Santa Barbara Police Reports contain identical language, even though the underlying facts may be substantially different. Police officers often administer what are known as Field Sobriety Tests in order to ascertain impairment from drugs or alcohol. A brief sampling of Field Sobriety Tests is listed below: Walk and turn test One-leg stand Finger Count Finger to Nose Lack of smooth pursuit on a horizontal gaze nystagmus test. It should be noted that these DUI ÒtestsÓ are not truly pass/fail. Instead, they simply provide an opportunity for the officer to record his observations and make the inference of intoxication without taking into account the numerous explanations for a specific level of performance on a Field Sobriety Test. The subject may be injured, on uneven ground, severely fatigued, distracted by the passing cars on the side of the road, or subject to a number of other factors. A DUI defense attorney may have the opportunity to analyze the officerÕs observations and seriously question his conclusions.
8. Penner, Stephen: Family law Chapter 7 and Chapter 13 Wills, trusts and probate Personal injury General litigation Criminal defense Business law Real estate litigation
9. Genis, Darryl : f you are accused of Drunk Driving, there is nothing you can do but plead guilty, receive your punishment from the court, and suffer a license suspension, not to mention losing thousands to the insurance company over the next seven years. A lawyer canÕt help you. Almost everyone I sought advice from held the above stated views. THEY ARE WRONG. DEAD WRONG. My name is Kenneth London. I am not an attorney. I am not a criminal. I am not a drunken driver. But on May 31, 2002, I was made to feel like a criminal when I was falsely arrested and falsely accused of being a drunken driver. As I was leaving the OfficerÕs club on Vandenberg Air Force Base, I got stopped for a DUI, the forced me to take the portable roadside breath test, while I had Listerine Breath strips in my mouth. My results appeared to be .16% I did not want a Drunk Driving Conviction on my record, and I wanted to keep my California DriverÕs License from being suspended. Those blood sucking Insurance Companies would not use this unfortunate event to rob me of tens of thousands of my hard earned dollars over the next Seven years. I refused to hand over thousands more of my hard earned dollars to the Judicial System, and those crooked state authorized alcohol driving schools. It is perfectly legal to drink alcohol and then drive your car in California. That is a fact. Of course M.A.D.D., S.A.D.D, R.A.D.D, and all those other Òzero toleranceÓ groups just do not want you to know that fact. The courtÕs donÕt want you to know that either. They want you to drink and drive. They want you to get arrested. Most importantly, they want you to feel as helpless as a Robbery victim when they get you to agree to pay them upwards of Two Thousand Dollars. You have the right to refuse to take the portable roadside breath test (PAS). The cops are supposed to tell you, but most of them simply donÕt. Breath Machines are not even close to accurate in many cases. In fact the machines in use in Santa Barbara County are almost twenty years old! Blood tests are the most accurate. Urine tests are the least accurate. At, or after the time when you take a stationary breath test, the cops are required by law to offer you a Urine test (or a blood test) to have a sample to retest in your own defense, but they almost never make the offer for a urine test, because they have been systematically trained not to tell you about that option. You should insist upon taking a urine test as a means to retest your results after taking the breath test. The copÕs failure to give you the option to save a urine sample can be used by a talented defense attorney, like California Deuce Defenders, Specialist Member Darryl W. Genis to throw out the breath test results completely. Once that is done, the prosecution practically has no case at all against you. Lystirine breath strips contain Menthol which may be read by the Breath machines as alcohol. In fact, if you have been drinking, the strips help trap, and pool, your alcohol rich saliva (there is more alcohol in your saliva than in your blood, breath, or urine!) beneath the strip. This trapped mouth alcohol leads to readings that are over 3 times too high! Thankfully, I ignored my friends well meaning advice to plead guilty, and went on the internet to find a good lawyer. I found a site called California Deuce Defenders. They are the California governing body for DUI Specialists, since the closest specialty the California State Bar has is a designation of ÒCriminal SpecialistÓ. (I thought all lawyers were criminals). All joking aside, I discovered that within the California Deuce Defenders, there are two types of members: 1) general members, and 2) Specialist Members. The difference is this: 1) If someone is not a member of California Deuce Defenders, I would not hire them. 2) All any lawyer has to do to become a general member is send in the annual fee and keep up a minimum ongoing education in the area. 3) Specialist Members, however, must qualify by going through a ridged screening process, including requiring a large number of successfully completed jury trials, as well as appeals in the Court of Appeal, and the California Supreme Court. It made sense to me to limit my search to Specialist Members. I interviewed several lawyers, but the one who impressed me the most with his knowledge, courtesy, and professionalism was California Deuce Defenders, Specialist Member Darryl W. Genis. (Apparently he impressed the ÒLos Angeles Times Magazine too, because they did an article on him years ago, You can see the article on his web site at www.WINyourDUI.com). So I hired Mr Genis, whose telephone numbers are (805) 966-0812 (Work) (805) 966-0813 (fax) and 805 966-0812 (24 hour Cell). He immediately set up a hearing with the Department of Motor Vehicles (which must be done within 10 days of your arrest, and has nothing to do with your up-coming court date.) He did this without any obligation on my part as to payment. Remember those well meaning friends who told me not to hire lawyer because he could not help me? Well guess what? Mr. Genis won my Department of Motor Vehicle (APS) hearing, so I got my DriverÕs License back without any negative comment or restriction of any kind. (Mr Genis claims he wins over 90% of these hearings, and my case was consistent with that claim). Also, because I work on a Military Base, I had to have a separate Administrative Hearing to determine if I could drive to work. Mr Genis won that hearing too, and I am still allowed to drive to and from work. When we got to court, the Prosecutor was very unreasonable, probably in part because M.A.D.D., S.A.D.D, R.A.D.D, and all those other Òzero toleranceÓ groups etc. have done such an effective job of brainwashing the public into believing they cannot successfully fight and must be led like sheep to a slaughter and plead guilty. Another reason for the rigid attitude of the prosecutor is in part because most lawyers who take DUI cases donÕt fight for you (Mr. Genis explained to me that those kind of attorneyÕs are jokingly and alternatively referred to as 1) ÒDump TrucksÓ, 2) Òbleed Ôem and Plead Ôem lawyersÓ and V-6's (walking violations of the 6th Amendment to the United States Constitution, right to counsel.) Mr. Genis calmed me down and assured me everything was under control. He explained that he would try and get my case dismissed or reduced, but that in order to succeed, we needed to be prepared to go to a trial we would win. (kind of like having Nuclear superiority in order to avoid a nuclear war). He lined up all my witnesses, and interviewed them, including expert witnesses on the breath machine for the Department of Motor Vehicle (APS) hearing, and the Criminal Court Trial. In spite of repeated efforts on Mr. GenisÕ behalf, the Government Prosecutor would only offer a ÒWet RecklessÓ. Mr. Genis (unlike most lawyers, i.e. Dump Trucks) went to great lengths to explain to me was no offer at all because it was my first offense, and a wet reckless carries the same 2 alcohol related points on your driving record for the same amount of time as a DUI, and a ÒWet RecklessÓ is treated as a First offense DUI for purposes of charging you with a prior if you get re-accused within 7 years (under current law, except 10 years under certain limited circumstances.) I listened to myself, instead of all my well meaning but horribly mistaken friends. I went to trial. Here is part of what the Judge had to say at the conclusion of my trial: ÒThe Air Force was ably represented by Captain Joseph Carroll, Esq., and the defendantÕs case well presented by the experienced and thoroughly prepared Darryl W. Genis, Esq.
10. Murphy, Daniel: Family Law ¥ Criminal Law Juvenile Law Drunk Driving Defense Divorce ¥ Separation Child Custody & Visitation Alternatives to Jail
11. Hallum, Kenneth: : What is Misdemeanor DUI? A misdemeanor DUI is normally considered to occur when it is a first, second, or third offense within a certain time frame (typically ten years). The penalties for a misdemeanor DUI are less severe than the penalties for a felony DUI. The extent of penalties that might be levied depend on whether you have prior offenses, an excessively high blood alcohol level, or other circumstances, such as transporting a minor while under the influence of alcohol or drugs. Regardless of whether this is your first offense or not, the sentences are still quite severe and include fines, court fees, jail time and probation. You likely will be required to attend an alcohol evaluation and treatment counseling as well. Because of the dire consequences of a misdemeanor DUI, there is a strong case for anyone charged with DUI to seek out knowledgeable and competent legal counsel immediately.
12. Abkin, Kimberly: If you face a DUI charge, you have two legal concerns to deal with immediately: The DMV administrative hearing on whether you can keep your driver's license and the DUI criminal proceeding to determine the sentence you may be given if convicted. There is a lot at stake, including your ability to drive and a criminal record that can have negative effects on your future and your career. There are a number of defenses used in DUI/DWI cases, including the following: * Police officer error * Field sobriety test errors * Blood testing errors * Breath testing errors * Procedural or administrative errors
13. Hayes, Doug: If you have been arrested for DUI, or if you are under 21 years of age and have been cited for any alcohol or drug-related offense, you may be subject to administrative proceedings by the Department of Motor Vehicles to revoke or suspend your driving privileges IN ADDITION to the criminal charges you face in the local courts. If you have been arrested for such an offense, you will either receive a "temporary licenses" (pink/salmon in color) when your license is taken by the arresting officer, or you will receive a notice in the mail. In either event, you will have 10 days from receipt of the relevant document to contact the Department of Motor Vehicles, or make arrangements for your lawyer to do it, to schedule a hearing to contest the automatic suspension of your driving privileges. If you do not contact the DMV within 10 days, then your driving privileges will automatically be suspended for up to 1 year beginning 30 days after the date you were arrested. At the DMV hearing, conducted by a hearing officer, you have the right to be represented by your lawyer, to produce witnesses and other evidence and to question the arresting officer, or officers. Even if you eventually intend to admit guilt and accept the suspension of your driving privileges, making arrangements for a hearing can give you time to make alternate transportation arrangements if, when making the appointment for the hearing, you also ask for a stay of the automatic suspension. Other state agencies conduct administrative proceedings on such issues as whether to license someone with a past criminal conviction as, for example, a real estate agent, or a dentist, or whether an allegation of taking too small abalone should result in the loss of a commercial fishing license. At such hearings and proceedings, you are entitled to be represented by a lawyer.
14. Renee Nordstrand: Following an arrest for driving under the influence (DUI) there are two separate and distinct procedures. The first is the court hearing, to determine guilt or innocence of the accused, and the second is the DMV administrative hearing, to suspend the driving privileges of the DUI driver. Criminal Prosecution A proper defense in a DUI case includes an analysis of the law, the evidence (blood alcohol test, breath test and field sobriety tests) and the facts to determine whether the defendant's constitutional rights were respected. An officer can arrest a driver for simply being under the influence of alcohol without any reference to the blood alcohol level at all. The consequences of a DUI conviction are severe. The conviction is on your record for seven years, and a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.) There is a considerable amount of research that an attorney needs to do to defend against a DUI case and an administrative hearing. For instance, if someone takes a breath, counsel should check the machine maintenance and calibration records. The officers radio logs should be requested to see if the machine was working properly and whether the officer spent the required 15 minutes of observation time prior to taking the breath sample (required by Title 17 of the California Code of Regulations). If someone took a blood test, her attorney should request a "blood split", have the sample sent to an independent lab for testing for preservative, and confirm the blood alcohol level. Also, if it was only a short time since the last drink was consumed (usually within 30 minutes of the traffic stop or accident), then some of the recently consumed alcohol may still have been in the stomach and not yet digested, which means the blood alcohol sample obtained by law enforcement may actually be higher than it was at the time of driving. This is called a "Rising Blood Alcohol Defense" and is very persuasive in a low blood alcohol level cases. There are many more defenses that may apply to your case. A proper defense in a DUI case includes an analysis of the law, the evidence (blood alcohol test, breath test and field sobriety tests) and the facts to determine whether the defendant's constitutional rights were respected. An officer can arrest a driver for simply being under the influence of alcohol without any reference to the blood alcohol level at all. The consequences of a DUI conviction are severe. The conviction is on your record for seven years, and a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.) There is a considerable amount of research that an attorney needs to do to defend against a DUI case and an administrative hearing. For instance, if someone takes a breath, counsel should check the machine maintenance and calibration records. The officers radio logs should be requested to see if the machine was working properly and whether the officer spent the required 15 minutes of observation time prior to taking the breath sample (required by Title 17 of the California Code of Regulations). If someone took a blood test, her attorney should request a "blood split", have the sample sent to an independent lab for testing for preservative, and confirm the blood alcohol level. Also, if it was only a short time since the last drink was consumed (usually within 30 minutes of the traffic stop or accident), then some of the recently consumed alcohol may still have been in the stomach and not yet digested, which means the blood alcohol sample obtained by law enforcement may actually be higher than it was at the time of driving. This is called a "Rising Blood Alcohol Defense" and is very persuasive in a low blood alcohol level cases. There are many more defenses that may apply to your case.
15. William C. Makler: The California State Legislature has made it unlawful to drive a motor vehicle within the State of California while Under the Influence of Alcohol and/or Drugs. The two most typical ways that this law violation can be proven are as follows: (1) Under California Vehicle Code section 23152(a), it must be proven beyond a reasonable doubt that you were the driver of a vehicle within the State's boundaries while so intoxicated with either alcohol and/or drug(s), that you were unable to operate the vehicle as safely as an ordinarily prudent person would under like circumstances. (2) Under California Vehicle Code section 23152(b), it must be proven beyond a reasonable doubt that you were driving a motor vehicle within the State's boundaries with a Blood Alcohol content of greater than .08% by weight. [The Intoxylizer 5000 machine is the most common, and legally acceptable (although not entirely accurate), means of determining this percentage.
16. Golkin & Michelon: The criminal process is very frightening. Even though the criminal process was established long ago, it remains a mystery to most. The criminal court is an enormously intimidating and coercive environment where defendants without the aid of competent and experienced counsel will often be convinced of the "wisdom" of pleading guilty right away. The court, the system, the judge, and the prosecutor benefit greatly from a guilty plea. The court clears its crowded calendar, and the prosecutor gets rid of a case.
17. Roger Lytle: Just Because You Were Arrested Does Not Mean You Are Guilty! A high Blood Alcohol Content (BAC) can be challenged in court. Even if your BAC was greater than the legal limit at the time of the chemical test Roger Lytel can consult with forensic alcohol experts to determine if it actually was over 0.08 (the legal limit) at the time you were driving a car. He can determine if the police lawfully detained and arrested you, if the field sobriety tests were administered correctly, if the officer administered the blood, breath or urine test in accordance with Title 17 of the California Code of Regulations, and if the law enforcement agency can prove that their testing device was functioning properly during your test.
18. Lee McCoy: A new era has begun in the defense of DUI cases. Gone are the days when a lawyer could call up a friendly prosecutor and strike a backroom deal to dismiss a DUI. Societal pressures have led to county-wide policies on the plea bargaining of DUI cases, and the prosecutors risk their jobs if they are caught pleading a DUI without a very good reason.