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Seal Beach,, Sebastapol, Sherman Oaks, Simi Valley, Sonora, Soquel DUI Attorneys DUI Lawyers

  1. Seal Beach
    1. Eugene Kinsey Basic California Drunk Driving (DUI) Law - The California Vehicle Code: California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b): o 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. o 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death. For further information, visit the following sites: Basic DUI Law Verbatum presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152. DUI-Related Statutes A broader range of California laws applying to drunk driving cases — misdemeanor, felony, prior convictions, etc. AAA Guide to California's DUI Laws [cached version] A good overview of the state's criminal and license supension laws, from the Automobile Club of Southern California. Legal FAQs Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook "Drunk Driving Defense, 5th edition". California Vehicle Code The main Vehicle Code sections which apply to misdemeanor drunk driving cases, along with explanations of their legal terms. California's DUI Vehicle Impound Laws How to get your car back if it is impounded as the result of a DUI arrest — either of yourself or of another. California Vehicle Code Verbatum collection of sections of the Code which apply to drunk driving criminal and license suspension cases. AAA Punishment Chart A chart of statutory sentencing ranges for misdemeanor drunk driving, from the Automobile Club of Southern Californias. Clearing Your Record Discussion of post-conviction procedures for setting aside a plea or verdict of guilty and obtaining a dismissal. California Department Of Motor Vehicles Penalties: In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.) It is critically important to CALL THE CALIFORNIA DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" — a DMV employee without legal training who will serve as both prosecutor and judge. The following resources will provide information about the California Department of Motor Vehicles and the laws that largely govern their reponsibilities: the California Vehicle Code. California DMV Home page of the Department of Motor Vehicles. The Driver's License General information about about driver's licenses. Guide to the DMV Unofficial website providing plain-English information about the DMV and its services. DUI Suspensions over/under 21 DMV's overview of license suspensions for drunk driving for adults and drivers under 21. DUI Suspensions The DMV's summary of provisions for administrative ("APS") suspensions and restrictions of licenses for drunk driving; also included is information about "negligent operator" point-count suspensions Impairment Chart The DMV's simplistic chart of impairment based only upon weight and consumption. AAA The Southern California Auto Club's guide to the DMV. Forms Download Department of Motor Vehicle forms online, including Driver Safety forms. Vehicle Code The DMV's online access to the entire Vehicle Code. Publications Download such DMV publications as the "California Driver Handbook" online. Administrative Hearings Information from the Department of Motor Vehicles about challenging the officer's confiscation and suspension of your license. DMV FAQs The Department of Motor Vehicle's answers to frequently-asked questions about DUI license suspensions. Get a Copy of Your California DMV Record The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site. Procedural Overview For California Drunk Driving Cases: The DMV procedure (explained above) and the court procedure are two separate and distinct procedures. The court process consists basically of three hearings: The Arraignment This is your first court hearing. You'll be given the opportunity to plead "guilty" or "not guilty". It is raraly advisable to plead guilty at this stage of the proceedings. The second hearing - the "pretrial conference" is the time for you to negotiate the disposition of your case if a disposition is going to be possible. The Pre-Trial Conference This is a conference set usually 2 to 3 weeks after the arraignment to allow you and/or your attorney to negotiate a settlement of the case with the district attorney. If a negotiated disposition can be reached at this stage of the proceedings, you'll enter a plea or the matter will be dismissed. If there is no disposition, you'll be given a trial date. The Trial If no disposition of your case is reached at the Pre-Trial conference stage, your case will be set for jury trial. DUI trials typically take between 2 and 3 days. : A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt."
  2. Sebastapol
    1. Edward Bernard: 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.
  3. Sherman Oaks
    1. Zamel, Stanley: Eviction defense for tenants including Los Angeles Rent Control Eviction prosecution for landlords Personal, business and corporate real estate matters Dog Bites Obtaining Restraining Orders and defending against inappropriate attempts to seek restraining orders Criminal Defense
    2. VSL + Assocaites: Narcotics Crimes Medical Marijuana Defense Possession Possession for Sale Transportation Violent Crimes Assault Battery Criminal Threat Kidnapping Homicide Forgery Embezzelment Identity Theft Grand Theft Shoplifting Theft Crimes Other Crimes and Services DUI Defense Sex Crimes Domestic Violence Elder Abuse Restoring the right to bear arms Expugements (criminal record and DNA) Modification/Violation of Probation
    3. Shevin, Eric: MEDICAL MARIJUANA EXPERTISE ILLEGAL SEARCH AND SEIZURE EXPERTISE DRUNK DRIVING & DMV HEARINGS 1-2-3 STRIKE MATTERS SUSPENDED LICENSE & DMV PROBATION VIOLATIONS NARCOTIC AND DRUG MATTERS JUVENILE COURT MATTERS INTERNET & COMPUTER CRIMES PETTY/GRAND THEFT/FORGERY ASSAULT & WEAPON OFFENSES CASH & PROPERTY FORFEITURES BURGLARY & ROBBERY
    4. Hache, Phil: UNDERSTANDING THE DUI LAWS IN CALIFORNIA DUI Charge, Over 21 Years Of Age: Understanding the DUI Laws in California can be tricky if you are not familiar with them, and most people are not. If you are over 21 years of age, and charged with a DUI, the citation you receive may list two separate charges related to the DUI. VC 23152(a), and VC 23152(b). The “VC” portion stands for “Vehicle Code,” which is the set of laws in California that controls, among other things, DUI laws. VC 23152(a) is a general DUI “catch all” charge that covers driving under the influence of alcohol and drugs. For example, a person can be convicted of this charge if they were under the influence of alcohol and had a Blood Alcohol Content of 0.07. Likewise, a person can be arrested and charged with this if a cop believes that the person was driving a car under the influence of a another intoxicant such as marijuana or even prescription drugs. VC 23152(b) is a more specific DUI charge and relates only to alcohol. To be charged with this, a person must have a Blood Alcohol Level of 0.08 or higher. For example, if after getting arrested, a person submits to a Breath Test and the results come back at 0.10, the cop will list both charges, VC 23152(a) and VC 23152(b) on the citation. Keep in mind that if a person submits to a blood test as opposed to a breath test, the cop will only list VC 23152(a) on the citation. But, if the results come back at 0.08 or higher, the Court prosecutor will then add the VC 23152(b) charge. PENALTIES for VC 23152(a) and 23152(b) Both VC 23152(a) and VC 23152(b) each carry the same penalties, and they vary depending on whether this is your first offense, or you have received previous DUI’s within the last 10 years of your arrest. First Offense DUI: If convicted of a first offense DUI, the penalty may include anywhere between 48 hours to 6 months in jail, a fine between $390 to $1,000 plus penalty assessments*, and an alcohol course ranging from 3 months to 9 months in length. The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action. *Penalty Assessments are fees and taxes that the Court adds to a fine. Currently, the penalty assessments are approximately 4 and a 1/2 times the actual fine. That is why it is important to keep those fines as low as possible. A $390 fine with penalty assessment will total approximately $1,750, but a $1,000 fine will be almost $5,000! Second Offense DUI: If convicted of a second offense DUI, the penalty may include anywhere between 96 hours to 1 year in jail, a fine between $390 to $1,000 plus penalty assessments*, and an 18 month alcohol program. The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action. It is important to hire an attorney that you feel confident will defend you vigorously in Court. I know how to get DUI charges dismissed and have done so time and time again. In cases where that is not feasible, I know how to get favorable results even when pleading to DUI. I know the importance of your freedom and how jail time can affect your job, among other things, and I will fight on your behalf. I also know how this recession has affected people financially. If the Court is imposing a fine, I will keep it to a minimum. Additionally, I will fight to get an extended amount of time to pay that fine, or get alternatives to reduce the fine substantially. DMV HEARINGS With a few exceptions, DMV hearings must be requested within ten (10) days of your arrest for a DUI. If you do not request a DMV hearing within that time frame, it is very likely that the DMV will automatically suspend your drivers license 30 days after the date of your arrest. The three major points discussed at your DMV hearing are: 1) Whether there was Probable Cause to pull you over, 2) Whether there was a lawful Arrest, and 3) Whether your Blood Alcohol Content (BAC Level) was 0.08 or higher. Even if you think that these elements are met in order for the DMV to suspend your license, it is important to have an Attorney experienced in discovering flaws in the DMV’s case represent you at this hearing in order to defend you. Call me at (818) 336-1384 to discuss your case in further detail. Link to California DMV office addresses and phone numbers: http://www.dmv.ca.gov/fo/dsolistings.htm
    5. Goldstein Law Offices: DUI Defense Attorneys in Sherman Oaks, California When a person drives a vehicle with a blood alcohol concentration (BAC) above the legal limit, he or she will be charged with DUI. In California, people will be charged with DUI if their BAC level reaches or exceeds .08. DUI charges can also be filed against a person who drives under the influence of drugs. This includes both illegal drugs and prescription or over-the-counter medications. When a drug impairs a person’s ability to safely operate a vehicle, he or she will be charged with DUI, regardless if the drug in question was legal or illegal. Related: DUI Laws in California. Penalties for DUI in Los Angeles, California People who drive under the influence of alcohol or drugs not only violate the law, but they also endanger the lives of innocent people around them. Law enforcement officials take DUI offenses very seriously, and are determined to see those who drive under the influence held accountable for their actions. To teach DUI offenders a lesson, prosecutors handling DUI cases often seek the toughest penalties possible. People charged with DUI could be sentenced to time in jail, large fines, probation, driver’s license suspension, vehicle impoundment, mandatory alcohol treatment, DUI school, community service, and a mark on their permanent record. To protect yourself from these and other penalties, it’s best to hire a skilled Los Angeles DUI attorney to defend you throughout the criminal process.
    6. Triessi & Morris: If you arrested for DUI: The officer must give you the option to take either a breath or blood test. A urine test may be among the test choices if the officer suspects that you are under the influence of a controlled substance. You must submit to one of these tests: you do not have the right to an attorney when making this choice or at any time before or during the test.
    7. Vallens, Jeffrey: The truth about your DUI arrest…what it will really cost after you get Arrested! I will briefly lay out the scenario: you go out with friends, have a few drinks and think you are alright to drive home. It’s only a few miles and you’ve only had a few drinks. Then it happens. You see the lights in your rear view mirror and you feel that sick feeling in your stomach because you know you are going to jail. The officer asks you a few investigatory questions, has you step out of the car and the rest is history. If you are lucky, the officer will agree to park your car and lock it so your car does not get impounded. Impounded fees, towing and storage will run in excess of three hundred dollars. That cost will skyrocket if you had a suspended driver’s license and your car is held in impound for thirty days. After the arrest, the officer will usually give you a temporary driver’s license and notice of suspension. This notice will inform you of the automatic driver’s license suspension that will begin in thirty days. When your license gets suspended your insurance carrier will likely increase your rates. The officer takes you to jail and if you are lucky you will get released with a ticket to appear in court. If not, you may have to post bail. Bail is increased for a lot of reasons: prior convictions, driving on a suspended license, traffic collision, and high blood alcohol. If you need to call a bail bondsman, his services normally cost ten percent of the bail amount. After you are released from jail, you will have a date to appear in court. The next expense might be hiring a lawyer. A competent DUI lawyer could cost between 2500 and 7500 for a first offense. The cost could be significantly more if there are aggravating circumstances (see above). Do not worry. If you cannot afford to hire a lawyer, the public defender is available at little or no charge to indigent defendants. After you go to court, your attorney conveys a settlement offer to you. If you are convicted of DUI, you will be placed on probation for three years, pay a fine and you will have to attend a state mandated alcohol education program. In Los Angeles County, probation is unsupervised and there is no fee. In other counties probation services can be very costly. The fine did not sound so bad in court, $390.00 plus a penalty assessment, plus other mandatory fees. At the end of the day your paperwork says you owe $1,600.00 in fines. Then you go to over to sign up for the first offender alcohol program. The mandatory program which takes about two hours a week for three months (you can’t get your license back if don’t finish it) costs around $500.00. Just when you think you are getting close to the end of your misery, you go home and open the order of suspension from DMV. Your license has been suspended for four months. Not to worry, you will still be able to drive to work, right? Wrong. You can get a restricted license which allows you to drive to and from work and the alcohol program, but not for another thirty days. And of course, there is a fee for that too.And, in order to get your license back you also need to have your insurance carrier file and maintain proof of insurance with the DMV. Hopefully you make it through thirty days without getting caught behind the wheel. If you are caught driving on a suspended license your car will be impounded for thirty days, you will get charged with another misdemeanor offense and possibly a violation of your DUI probation. Driving on a suspended license carries up to a year in jail and hefty fines. Some offenses carry mandatory jail time. A few months goes by, you have finished the alcohol program, paid off your fine and are feeling back to normal because you have a real driver’s license in your pocket. Not so fast there is more bad news comes. Your insurance policy is up for renewal and your carrier found out about your DUI. You’ve been cancelled by your carrier and you need to find new insurance. You start to look around for insurance and wonder how long you will have to pay these horrific rates. The answer is likely to be three years. This is what you will likely face for a first offense DUI in Los Angeles County. Other counties vary. Please remember, DUI is what we call a priorable offense, meaning that it gets worse if you get a second or subsequent DUI. Second DUI’s within ten years carry mandatory jail time, one year license revocations (no restricted license), lengthier probation terms and usually higher fines. The moral to the story is that we should all plan ahead. For the cost of a DUI, we can easily afford to take a taxi if we go out drinking. Maybe even treat yourself to a limousine once in a while. It will be a lot of fun and in the end probably save you a lot of money.
    8. Gurovitch, Beck & Associates: DUI Driving Under the Influence (DUI) is one of the most common violations in the Los Angeles County area. The law provides for an arrest if your blood alcohol level was 0.08% or greater (California Vehicle Code Section 23152 (b)). It also allows the police to arrest you if they feel you were not in any condition to drive because you had alcohol and/or drugs in your system (California Vehicle Code Section 23152 (a)). The consequences of a DUI conviction can include incarceration, fines, community service and driver license suspension/revocation. In addition to the criminal charges, the Department of Motor Vehicles (DMV) will initiate an administrative case against your driving privilege.
    9. Dahut & Weiss: If you have been wrongly accused of driving under the influence, the chances of proving your innocence will depend more on the special skills of your lawyer than on the generosity of the courts or law enforcement. Today, politicians have demonized the DUI crime causing it to rank among violent crimes. Not only are today's DUI laws confusing and unfair, the penalties can be severe.
  4. Shingle Springs
    1. Carlisle Law Office: DRIVING UNDER THE INFLUENCE (Alcohol and/or Drugs) Penalties A first offense Driving Under the Influence (DUI) of alcohol or drugs may result in a $1,000 and/or up to 6 months in jail. Subsequent convictions may result in substantially more severe penalties including prison. TRAFFIC VIOLATIONS Penalties Convictions for even relatively minor traffic violations can result in points on your license, costing you substantially more for auto insurance. In addition, if you receive too many points on your license, the DMV may suspend your license for up to a year. If you are required to drive for your work, additional points on your license or a suspended drivers license could result in a loss of your job.
  5. Simi Valley
    1. J. D. Clark: Every California DUI case has something unique about it. These special facts may provide opportunities for a California DUI attorney to gain the upper hand, to save your license or to reduce court-imposed sanctions.
  6. Sonora
    1. Webster, James: Reckless Driving • Driving on a Suspended License • Driving Under the Influence of Alcohol or Drugs • Causing Bodily Injury While Driving Under the Influence of Alcohol or Drugs • Vehicular Manslaughter Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following: 1. Use of physical force against the person or property of another; or 2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct." Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime." Criminal law governs crimes, including felonies, misdemeanors and infractions. Felony punishment can result in a State Prison commitment, misdemeanor punishment in a County Jail commitment and an infraction would involve a fine only. Many crimes (such as grand theft, possession of certain drugs, certain assaults, etc.) may be prosecuted as either felonies or misdemeanors at the discretion of the prosecutor. In California any person charged with either a felony or a misdemeanor is entitled to a jury trial if he or she so chooses. The standard of proof for crimes is "beyond a reasonable doubt." Crimes are generally referred to as offenses against the state and are normally prosecuted by the District Attorney (state courts) or the U.S. Attorney (federal courts). A Criminal Defense Attorney defends persons accused of crimes against the charges bought by the prosecutor.
    2. Mark Borden: 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.
  7. Soquel
    1. Dort, Christopher: # Driving Related Misdemeanors (Vehicle Code section 14601.1, 14601.2, 23152, 23153, etc) # Bench Warrant and Arrest Recalls (Vehicle Code section 40508(a), Penal Code section 857.3) # Driving Under the Influence with a Collision or High BAC # Probation violations or revocation and # Expungement Petitions (Felony and Misdemeanor)
    2. Howard Van Elgort:

      I will meet with you in my office or by phone, without charge, and with absolutely no obligation, to review your case. Here is a partial listing of some of the questions and issues that we will discuss:

      1. What will happen to me in Court?
      2. Should I plead guilty or not guilty?
      3. What will be my punishment if I plead or am found guilty?
      4. Can I do anything about the DMV license suspension?
      5. Should I request a DMV hearing? Call me before requesting hearing! (See note below).
      6. Do I need a lawyer?
      7. What are my options for legal representation?
      8. Was the chemical test (blood, breath or urine) accurate?
      9. What if I didn't take a chemical test?
      10. What was my true Blood Alcohol Concentration (BAC)?
      11. Did the officer have probable cause to detain and/or arrest me?
      12. Are there any defenses to my case?
      13. Did the law enforcement officer follow the correct procedures?
      14. Were any of my rights violated?

      NOTE: DMV HEARING MUST BE REQUESTED WITHIN 10 DAYS OF YOUR ARREST.

      Should I Fight My DUI Arrest?

      By Howard M. Van Elgort

      Drunk driving (DUI or DWI) cases are not always open and shut situations. Frequently, these criminal cases involve very technical and complex legal issues.

      Criminal law attorneys who specialize in DUI (driving under the influence) cases look for the following potential legal and scientific issues:

      1. Did the police officer have a "reasonable suspicion" to justify a vehicle stop and detention for drunk driving.

      2. Did the police officer observe the person driving in an erratic manner or in violation of the vehicle code? Did the officer observe any driving?

      3. Did the police have "probable cause" to arrest the suspect for DUI (drunk driving or driving under the influence of alcohol and/or drugs)?

      4. Did the officer observe sufficient "objective symptoms" of intoxication to conduct a DUI (drunk driving) investigation?

      5. Did the arresting officer properly administer the field sobriety tests (FSTs) or balance and coordination test to determine whether or not to arrest the suspect for drunk driving or driving under the influence (DUI)?

      6. Was any in-field breath test administered in the proper manner and was the machine used in proper working order?

      7. Was an additional chemical test (blood or breath) conducted according to required procedures in the taking, handling and analysis of these samples?

      8. Was the equipment used to analyze test samples in proper working order and maintained in accordance with regulations?

      9. Were the test samples analyzed and the result reported according to state regulations, by a licensed laboratory, and in a scientifically approved manner?

      10. Was the arrestees blood alcohol level rising or falling at the time of driving and at the time of the chemical test sample.

      11. Were their any physiological reasons that would cause a false result on the breath machine (i.e.: GERD, residual mouth alcohol, heartburn, acid reflux disease, etc.)?

      It is unlawful, in California, to drive a vehicle if your ability to be a safe and prudent driver is impaired by the use of alcohol, and/or drugs (even prescription medication). [VC23152(a) sometimes erroneously referred to as "drunk driving"]. The evidence used by the prosecution to prove this charge includes the manner in which the vehicle was driven, ones objective symptoms of intoxication, the performance on the field balance and coordination or field sobriety tests, and the results of the chemical test (breath or blood). A person is presumed to be "under the influence" (DUI) if their blood alcohol level is .08% or greater. This however is a rebuttal presumption and reasonable doubt may exist that one is in fact guilty.

      Additionally, it is illegal to drive a vehicle, in California, if, at the time, your blood alcohol level is .08% or greater. Here, the only essential evidence, other than the reasons for stopping the motorist, is the result of the breath or blood test.

      Many DUI or drunk driving cases are borderline situations subject to plea negotiations with the prosecution and resulting in dispositions for lesser offenses. Everyone arrested for drunk driving or DUI/DWI should consult with a criminal lawyer who specializes in drunk driving defense before entering a guilty or no-contest plea. Most attorneys who handle DUI (drunk driving cases) offer free initial consultations.

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