California Drunk Driving Defense Attorneys
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ADP - Driving Under-the-Influence (DUI) Program Driving Under-the-Influence Program Directory - a full statewide listing of licensed service providers, grouped by county (Adobe Acrobat PDF format; 281KB) Fact Sheets ’ˆ Driving Under-the-Influence (DUI) Frequently Asked Questions ’ˆ An Overview of California's Driving Under-the-Influence Program ’ˆ Overview of California's Driving Under-the-Influence Program Licensing Process ’ˆ Driving Under-the-Influence (DUI) Statistics ’ˆ California Association of Drinking Driver Treatment Programs (CADLIP)
- California Drunk Driving Defense J-Z
- Multiple Locations
- Orange County DUI Lawyers
Orange County DUI attorney and California DMV defense lawyer that provides
aggressive drunk driving defense for those charged with driving under the
influence in Orange County.
- DUI Help: Listings by county.
- Lawrence Taylor: 5-attorney firm handling DUI defense exclusively, with offices in Long Beach, Irvine, Beverly Hills, Woodland Hills and Carlsbad.
- Singer & Associates*: Criminal Defense
- Denson, Eugene*:
Driving Under the Influence
- Janji, Anthony: Driving Under The Influence Of Alcohol Or Drugs If you have been charged with driving under the influence of either alcohol or drugs, there are some things you should know about this type of offense and its potentially serious consequences. Common Charges California Vehicle Code Sections: * 23152(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug, to drive a vehicle. * 23152(b) It is unlawful for any person who has 0.08 percent or more, by weight of alcohol in his or her blood to drive a vehicle. * 23153(a) Driving under the influence and causing injury, if you were involved in an injury automobile accident while driving under the influence of alcohol or drugs. This offense can be charged as either a felony or a misdemeanor. Maximum Penalties VC 23152 (a) or (b) * 1st Offense- 180 days County Jail + Fine * 2nd Offense within 10 years- 1 year County Jail + Fine * 3rd Offense within 10 years- 1 year County Jail + Fine * 4th Offense within 10 years- Felony with up to 3 years State Prison Maximum Penalties VC 23153(a) * Misdemeanor- 1 yr. County Jail * Felony- 3 years State Prison Suspension Of Your Driver License On a first time offense, the Judge will restrict your license for 90-120 days, allowing you to drive to and from work or school, to and from the alcohol program and in case of emergency and other special circumstances. Remember, the Department of Motor Vehicles (DMV) can and usually will suspend your license separately from the court. Depending on the circumstances, this suspension can sometimes last months longer than the one imposed by the courts. You must request a separate hearing with the DMV in order to address any suspensions through that agency. Handling your court case alone will not help you avoid a DMV suspension. Important Even if you are charged with both (a) and (b) counts of VC 23152, your maximum penalty remains the same. For 2nd, 3rd, and 4th offenses for DUI, all have minimum jail requirements, ranging from 96 hours to 180 days. You must consult an attorney to discuss your eligibility for alternative sentencing that can allow you to stay out of county jail. If convicted of a DUI, you will most likely be placed on probation for a period of 3-5 years.
- Funk, Jordan*: Individuals convicted of a crime in the State of California, whether through their own admission of guilt or through the determination of a jury, are subject to, among other penalties, fines, imprisonment, probation and community service. Defending your criminal case in the strongest possible way is critical to your freedom and your future. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense.
- American Canyon
- Dacre, Lance: NOTE: You only have 10 days to contact the California DMV to schedule a hearing regarding your driving privileges, or your driver’s license will automatically be suspended! Drunk driving charges are offenses in California. A drunk driving charge can result in exorbitant fines, a suspended driver’s license, increased insurance rates and even jail time, as well as community service and other expenses.
- Anaheim, Aptos, Bakersfield, Berkeley, Brea, Beverly Hills DUI Lawyers
- Hillemeier, Josh :
Experienced trial attorney operating full-service law firm. Primary practice area is criminal defense, including DUI (DMV and criminal court), assault, battery, domestic violence, expungement, drunk in public, and/or any other criminal charge.
- Bidet, Sophie:
DUI in a Nutshell:
Most arrests begin with a traffic stop. The officer either pulls you over for an alleged violation of the vehicle code or because he allegedly observes signs of impaired driving. On some occasions, the stop is unlawful, and we can determine whether a motion to suppress has merit.
The law enforcement officer(s) asks you to perform Field Sobriety Tests and then asks that you to blow into a handheld breathalyzer.
After the arrest, the officer will ask you whether you want to undergo a blood or breath test at the police station, jail or hospital. Refusing to undergo the chemical test may result in additional charges and may result in tougher penalties and consequences.
In most misdemeanor DUI arrests, you will receive a citation to appear in court and a pink colored temporary license. You must contact the DMV within 10 days of your arrest to demand a hearing. Failure to do so will cause you to forfeit your right to a hearing before the DMV and your license automatically goes into suspension after 30 days.
Most people whose BAC exceeds 0.08% get charged with two separate offenses, Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b). If your BAC was over a 0.15%, you may be charged with Vehicle Code Section 23578. At the initial arraignment, I can appear on your behalf, enter not guilty pleas and undertake the task of collecting evidence, drafting and arguing motions, negotiating with the District Attorney and Judge seeking a dismissal or a reduction in the charges. If a settlement can be reached, I can enter the plea without you needing to travel to Inyo County. If a resolution is not reached, the DUI case will get set for jury trial or court trial.
- Johnson, Mark A. :
DUI Arrests are Time Sensitive
If you are arrested for DUI, you only have 10 days to request a DMV hearing. There are two advantages to requesting a hearing. First, your license will remain valid until at least the hearing date and it will not be suspended automatically 30 days after your arrest. The second advantage is it gives your attorney an early look at the evidence against you. Typically, the first court date after arrest occurs about 30-45 days later and generally, an attorney is not entitled to look at the evidence against you until the first court date. A request for a DMV hearing usually causes the police reports to be produced before your court appearance and your attorney can asses the strengths and weaknesses of the case.
There are two separate proceedings that occur when an individual is arrested for drunk driving: the criminal court proceedings and a separate and independent proceeding conducted by the California Department of Motor Vehicles.
DUI is generally a misdemeanor charge but may be charged as a felony if the driver is involved in a collision and someone is injured. A felony may also be charged if the individual has multiple DUI convictions over the course of the preceding ten years.
DUI convictions can have serious consequences including incarceration, loss of driving privileges, fines, mandatory participation in drug or alcohol programs and possible civil exposure , and insurance issues.
- Hardy & Place*:
Estate Planning, Trust Administration, & Probate
Services for your Small Business
Non-profit Corporations & Organizations
- Cormell, Shaffer: * Felonies * Misdemeanors * Fraud-Theft * Assault & Battery * Drug & Narcotics * Expungements * Traffic Tickets * DUI * Domestic Violence * Expungements * Probation Violations * Sex Related Offenses * Probation Violations
- Hinz, William:Without a solid defense, you will likely be convicted of the crime and have to face all of the legal consequences that come with it. Fines, community service, jail time, and permanent damage to your record which can prevent you from getting the job you want in the future are all common consequences to various criminal convictions.
- Dolan Law Offices: Two Government agencies are generally involved in DUI cases... the DMV and the Courts. Each has its own jurisdiction and process.
- Calabasas, Camarillo, Campbell, Capitola, Carlsbad, Century City, Chico, Chino, Claremont, Costa Mesa, Covina DUI Lawyers
- Roach, Anthony:
Q. I was arrested by the police. They did not read me my rights. Can I get the case dismissed?
A. One of the big problems in today's society is the myth created by television and movies about the way the law really works. One of these myths was created by the many police procedural dramas, such as "Adam-12," "Streets of San Francisco," "NYPD," and "Law and Order." Many of those shows feature police officers reading arrested suspects their Miranda rights/ warnings.
As a result of this, most lay people think that Miranda warnings have to be given when a person is arrested, otherwise the charges can be dismissed. This is not what the Miranda warnings are for. The Miranda warnings and a valid waiver of those rights are required before the admission of evidence of any statement made by the accused during custodial interrogation. That means that the police can arrest a person without the warnings, as long as the police do not interrogate that person while in custody.
The actual U.S. Supreme Court opinion is clear that the warnings apply to custodial interrogation. "Our holding will be spelled out with some specificity in the pages which follow but briefly stated it is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination."
- Gailen, Scott:
DUI (Driving Under the Influence)
Possession of drugs charges
Theft and larceny Charges
- Kita, George:
If you have been arrested for DUI (Driving Under the Influence) in Los Angeles or the San Fernando Valley, it is important to quickly obtain legal representation. The complexities of your DUI case are substantial.
Not only will there be a case in court, but the Department of Motor Vehicles will also conduct an independent administrative hearing, which will further impact your privilege to drive in the future.
- Stewart, Julius: The law is complex and confusing if you are not an attorney. UNDERSTANDS THE STRENGTHS AND WEAKNESSES OF POLICE CASES: An attorney must know how to read and understand police investigative reports. An attorney must be able to determine when the police have done a competent investigation. An attorney must know when the police can prove its case.
- Chula Vista
- Koch, Christopher & Associates :
If you have been arrested for a DUI (Driving Under the Influence) then you will need an experienced lawyer to assist you.
The penalties for DUI cases can be expensive and harsh. Many counties will try to throw you in jail for DUI cases, and impose very expensive fines. The DMV (department of Motor Vehicles) will strive to take away your driving privileges for extended periods of time. These drivers license suspensions range for 4 months to 4 years, sometimes they will try and take away your license permanently.
- Chapin, Thomas :
There are few legal situations more daunting than those involving criminal charges. The potential for jail time or serious, lifelong consequences is high for any California criminal charge. Whether the charge is a DUI or a more serious violent crime, having skilled representation is often the key to receiving a fair deal, or having the charges reduced or dismissed.
- Lacilento, Michael:
Criminal defense complications can be difficult to overcome without the representation of an experienced legal professional. As soon as possible after an arrest, it is imperative that you retain the assistance of a talented attorney who will fight for your rights and help you obtain the best possible resolution to your complex legal situation.
- Holstrom, Sissung, Marks & Anderson: Estate Planning Trusts Wills Family Law Adoption Child Support Custody & Visitation Divorce Nursing Home Probate & Estate Administration Criminal Law DUI/DWI Traffic Violations Personal Injury -- Plaintiff
- Corona Del Mar
Criminal law, breach of contract, immigration, landlord/tenant, corporation, general civil litigation, and much more.
- Lake, Anna: Criminal Law Criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Most crimes consist of three elements: an act, a mental state, and the intent to do social harm. Crimes are classified as either misdemeanors or felonies. The sooner a Criminal Defense Lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect’s best interest. A serious criminal charge can have a defendant fighting for his or her fundamental freedom. Do not gamble while your freedom is at stake. If you have been arrested and charged with a crime, it is important to hire a criminal defense attorney who will fight aggressively on your behalf. * Violent Crimes * Alcohol Related Crimes * Traffic Violations * Drug Related Crimes * Property Crimes * Sexual Offenses * Cleaning up Your Criminal Record * Warrants * Juvenile Crimes
- Culver City
- Takakjian & Sitkoff :
What Happens At The DMV APS Hearing?
Your Los Angeles DUI lawyer can make defense arguments to attack evidentiary and procedural issues such as the following:los angeles dui lawyers
Whether the police officer had reasonable suspicion for to stop you
Whether there was probable cause to arrest you
Whether the results of the blood or breath test were properly collected
Whether the officer or a witness actually observed you in control of the vehicle
Whether the officer and/or crime lab complied with Title 17
Whether the officer properly completed the DS 367 form properly
If you prevail in your APS hearing, the DMV would set aside its suspension, which is similar to an acquittal in criminal court.
Reliability of DUI Testing
Los Angeles DUI Lawyer
There are two main types of tests that may be administered in conjunction with a DUI (driving under the influence) offense: field sobriety tests and chemical tests. Field sobriety tests are administered after a driver is pulled over and are used by a police officer to establish probable cause that the driver is intoxicated, therefore enabling the officer to make a DUI arrest. Chemical tests are administered after a driver is arrested for suspected DUI. Typically either a breath test or blood test, these tests are used to determine whether the driver has an unlawful blood alcohol concentration (BAC).
Field sobriety test and breath/blood test results will play an important role in enabling a prosecuting attorney to build a strong case against a defendant who has been charged with DUI. If you or someone you know has been arrested in the Los Angeles area and you are concerned about the test results that may be used against you, you will be best served by immediately contacting a local attorney.
- Nadia A. Chehade: Burden of Proof in Criminal Cases In order to win a case, you have to prove it by meeting certain requirements or "standards." In a criminal case, the prosecution must prove guilt "beyond a reasonable doubt." This is the most stringent standard because the consequences of a conviction can result in deprivation of liberty (jail).
- Gagen McCoy: * DWI/DUI * Drug crimes * Homicide * Assault and Battery * Burglary * Theft * Robbery * Sex Crimes * Domestic Violence * Child Abuse * White Collar Crime * Computer/Internet Crime * Weapons Charges * Federal Crimes * Fraud and Embezzlement * Grand Jury Indictments * DMV Licensing * Expungements * Records Sealing * Restraining orders * 290 Registration Issues * Appeals * Writs * Habeas Corpus * School Discipline and Expulsion * Professional license actions
- Falahat, Ellie: Charges for DUI/DWI are never expected and never planned. When charges of drunk driving arrive unexpectedly, the best help is an attorney who will give your case the attention, time and creativity needed, and who will work with you one-on-one through the legal process. Drunk driving charges are frequently vulnerable to questions regarding probable cause. Did the police officer have a sound legal reason for pulling you over? Was he or she trained properly? Did the police follow proper procedures?
- Davis, Diamond Bar, Downey, El Cajon DUI Lawyers
- El Centro
- Amavisca, Jason :
Assault & Battery
DUI & DWI
Violation Of Probation
- Williams & Singh :
If a driver is arrested for a DUI in Imperial County, the arresting officer will typically confiscate the driver's license and issue the driver a temporary paper license. The temporary license is generally good for a period of 30 calendar days. The driver would have 10 calendar days from the date of her arrest to request a DMV hearing. For DUI arrests occurring in Imperial County, DMV hearings are requested through the San Diego Driver's Safety office. Contact information for the San Diego Driver's Safety office can be found HERE.
- Garcia, Edgard :
If you've been charged with a crime, hire an experienced defense attorney to represent you.
- Bonilla Law Office:
Criminal Law – State and Federal
- Espinosa, Robert:
33% Criminal Defense
33% DUI / DWI
- Plourd & Breeze:
legal representation on infractions, misdemeanors, felonies, serious felonies as well as in civil litigation
- Amavisca, Jason: PROTECT YOUR RIGHTS ! ! !
- Storey,Thomas: Business Collection Corporations Limited Liability Companies Contract Formation Contract Litigation Civil Law Personal Injury Wrongful Death Litigation of Civil Disputes Criminal Law DUI Felonies Misdemeanors Estate Planning Probate Trust Wills Family Law Adoption Custody Divorce Juvenile Dependency Criminal
- El Cerrito
- Surowitz Immigration: A driver arrested for drunk driving (Driving Under the Influence or “DUI”) will face criminal charges in court as well as a potential license suspension by the DMV. Typically a district attorney’s office will file a complaint charging two counts for the same DUI (other states sometimes use the term DWI): the “a count” alleges driving under the influence of alcohol or a drug, while the “b count” alleges driving with 0.08% blood alcohol content or higher. The first, second, and third offenses within ten years are charged as misdemeanors, though a fourth offense can be charged as a felony. The DUI can also be charged as a felony if the case involves an accident with injury. In some cases a DUI can be reduced to a “wet reckless” or even an infraction, with the agreement of the district attorney. The standard punishment for a first offense is 48 hours jail (usually served in a work program), three years probation, fines and fees totaling over $1,700, and completion of a driver safety program. For subsequent convictions within ten years the court is required to increase the jail sentence and length of the program, and frequently will order longer periods of probation and installation of an ignition interlock device in any vehicle operated by the defendant. A wet reckless normally involves no jail time, a probation period lasting one or two years, fines and fees several hundred dollars lower than for a DUI, and possibly a shorter, twelve hour class. A driver arrested for drunk driving must request an Administrative Per Se hearing (“APS hearing”) with the DMV within ten days of the arrest or his or her license will be suspended in most cases. At the hearing the driver’s counsel can challenge the DMV’s proof that the law enforcement officer had reasonable cause to stop the driver; that the law enforcement officer had probable cause to arrest the driver for a drunk driving violation; and that the driver had 0.08% blood alcohol content or higher (or that the driver refused to perform a chemical test).
- Darren Kessler: CRIMINAL LAW: Gun Charges Weapons Charges Assault and Battery Theft Fraud and Embezzlement Domestic Violence Drug Possession, Drug Sales and Drug Manufacturing Marijuana Sales and Marijuana Cultivation Violent Crimes Probation Violations DUI: Drunk Driving/Driving Under the Influence Cases (DWI) DMV Hearings License Suspension CIVIL RIGHTS VIOLATIONS: Prisoner Abuse Child Neglect / Abuse by Agencies, Group Homes and other placements Elder Abuse Race and Gender Discrimination CHILD ADVOCACY AND PARENT REPRESENTATION: Foster Children Dependent Children Abuse and Neglect Cases Juvenile Dependency
- El Dorado Hills
- El Monte
- Romero & Associates:
Being arrested for a DUI in Southern California can be incredibly expensive. Besides the costs of retrieving your car, paying fines, and dealing with a potential loss of job or your license temporarily, paying a DUI attorney can be a pricey proposition. When you consider, however, that a large number of DUI cases are based on circumstantial and inaccurate information, the possibility of winning your case is actually better then you might assume.
- Sierra, Albert: Criminal Defense
- Edward Ip*: California DUI laws are strict. If you have been arrested on a DUI/DWI or other drunk driving charge, hire a skilled DUI lawyer for the aggressive representation it takes to have charges dismissed or reduced. A DUI conviction may carry with it driver's license suspension or revocation, a potential felony conviction and jail sentence, loss of job and wages, and increased insurance premiums. It is to your great advantage to have a California drunk driving defense lawyer on your side who knows the proper procedures and how to effectively deal with the District Attorney's Office to obtain your most favorable outcome.
- El Sobrante
- Vaughn Spunaugle*: 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 judgements, act in emergencies, etc.
- Elk Grove
- Sallinger Law Group:
We care about your freedom and rights
- Hogan, Thomas:
Bankruptcy Attorney Services
Tax Attorney Services
Family Law Attorney Services
Divorce Attorney Services
DUI Attorney Services
Personal Injury Attorney Services
Estate Planning Attorney Services
- Sollitt, Mark: For over 22 years, drunk driving laws have been getting tougher and tougher. In virtually every state, the legislative branch ANNUALLY passes new laws, or increases punishment for existing laws. Why? It is due to the relentless pursuit of "prohibition" by MADD in our state legislatures each year. Once the legislative branch "acts" in response to the MADD pressure (now fully supported by the Federal Government through NHTSA) the trial courts and appellate courts fall in line and mete out severe punishment, as directed by the legislature. Our jails are full to capacity, with many jail cells housing three to four times the number of prisoners they were designed to accommodate. In 1995, Georgia changed its DUI laws THREE times in less than 9 months! The trend is for the laws to get more Draconian each year, and (in doing so) we lose more rights as citizens. MUST I GIVE A TEST? When a driver is suspected of DUI/DWI/OUI/OWI, an officer is given the statutory "option" of asking that you submit to a chemical test of your breath (most common type test), blood, or urine, OR ALL THREE (in some states, like Georgia). The majority of states permit a person to REFUSE to submit to testing. In most cases, the police officer will have asked you to first perform field sobriety tests, but these field evaluations ARE NOT mandatory. In others, (e.g., South Carolina), the officer suspecting alcohol as the impairing substance can only ask for breath, barring a vehicular homicide or other extenuating circumstances. In others, (e.g., California), the officer must ask for breath, but verbally advise you that the California breath test does not provide a sample for later independent testing (by you or your legal counsel), so you can OPT for a blood test, if you so desire. Others offer you the chance to be tested "the easy way", by blowing into a breath machine, and if you try to resist, you can be PHYSICALLY wrestled to the ground, beaten, choked or even strapped to a table or gurney so that blood can be drawn from your body or urine can be extracted through a catheter inserted in your penis or urethra. Yes, we are talking about a garden-variety, misdemeanor DUI/DWI case in the United States of America, without serious bodily injury or death. Yes, we are talking about these unbelievable acts being LEGALLY sanctioned by some of our more pathetic appellate courts across America.
- Sager, Kristina: Brief Summary of the Consequences of a DUI Conviction In California, a first, second or third DUI offense is generally charged as a misdemeanor. A fourth DUI is generally charged as a felony. The penalties for a misdemeanor DUI can range from 48 hours to 1 year in jail. Your driver's license can be suspended for up to five years. The fines can cost you up to $4,000. You may also be ordered to attend alcohol education classes at your own expense. If you are charged with felony DUI, you may face a minimum of 16 months in state prison, along with substantial fines and fees, a 5 year license suspension, as well as being required to install an ignition interlocking device on your vehicle and to attend lengthy alcohol education classes. Because you face a range of serious penalties, it is critical that you hire experienced counsel to defend you against a driving under the influence charge.
- Kimberly Kupferer: The Department of Motor Vehicles normally takes action such as suspending or revoking a driving privilege once as person has been arrested for a drunk driving or is accused of being a negligent operator. The DMV action is completely separate from the criminal case that is filed based on the same conduct. In order to successfully maintain your privilege to drive, you must prevail at both a DMV Administrative Per Se Hearing and in the criminal court.
- Blumberg, Isaac:
Driving Under the Influence of Alcohol or Drugs
Driving with a Blood Alcohol Level above a .08%
Driving with a Blood Alcohol Level above a .15%
Driving on a suspended or revoked or denied license
Leaving the Scene of an Accident / Failure to Report an accident
Driving without Insurance
Driving without a Valid License
Speeding / Speed Contest
Petty Theft / Shoplifting
Petty Theft with a prior
Possession of a Controlled Substance/For Sale
Sale / Distribution
Stalking or harassment
Minor in possession / Underage Drinking
- Hofmeister, Theresa*: driving under the influence (DUI), drug issues, domestic violence, assault and battery, theft, violations of probation or court orders, warrants and failures to appear
- James Green: It is important that you contact a criminal defense attorney as soon as possible so that your attorney may begin working on your defense.
- Petty & Warshawsky: * All felony cases, including homicide, "three strikes", and other life term offenses * Molestation cases * Burglary, robbery, auto theft, shoplifting, and other theft crimes * Rape, attempted rape, unlawful sex with minors ("statutory rape") * All misdemeanor cases, including driving under the influence, driving on a suspended license, reckless driving * Department of Motor Vehicle hearings, including Administrative Per Se license suspensions due to DUI/DWI arrests. * Commercial truck and traffic prosecutions * Juvenile delinquency cases
Being arrested for DUI can be a frightening experience but being convicted and facing the penalties can be life altering. You need someone who knows the law, who has experience, and who is willing to fight to protect your rights and freedoms. The court will review all of the evidence gathered against you, including your blood alcohol concentration (BAC) level and any property damage or injuries resulting from your DUI. Depending on your case, your license can be suspended or revoked, you may pay stiff fines, and you may have to serve time in jail or even prison. Allow our experience in handling all manner of DUI matters go to work for you.
- Tenax Law Group:
Bankruptcy - Chapter 7 and Chapter 13
General Civil Litigation
Real Property Transactions and Litigation
Wills & Trusts
- Pichardo, Jorge: All Misdemeanor & Felonies Probation Violation & Early Termination Violation DUIs Expungements
- Maas Law Offices: Any criminal charge involving drunk driving will be harshly prosecuted in California. DUI (driving under the influence) is the criminal offense of operating a motor vehicle while one has a blood alcohol concentration of .08% or greater, and/or while one’s abilities are impaired due to alcohol or drugs.
- Honeychurch Criminal Law: DUI's and the DMV When arrested for driving under the influence, the driver is confronted with serious punishment (including incarceration) in the criminal courts as well as loss of driving privileges. To protect your drivers license, you must ask for a DMV hearing within 10 days of your citation or arrest.
- Watson, Brian: serious felonies including robbery, domestic violence, drug charges, and homicide
- Rodriguez, John: Although case results are different, we highlighted the two cases below to demonstrate that a DUI arrest does not automatically mean you have to plead guilty. An attorney with the knowledge and commitment to your concerns can make a difference.
- Choyce & Crowell: Stopping & Testing the Suspected Drunk Driver A police officer may detect a drunk driver by his or her erratic driving: weaving from side to side; being unable to stay in one lane; speeding up and slowing down without reason; or making unsafe turns; for example. Or the police offices may stop a driver for a routine traffic violation – such as a taillight being out – and then smell alcohol when questioning the driver. Some police departments have taken to setting up sobriety checkpoints on Friday and Saturday nights and holidays to catch drunk drivers. If a police office suspects that you may be driving under the influence of alcohol (or drugs), you will normally be put through a variety of field sobriety tests. These tests are designed to assess your awareness and coordination. The police officer may ask you to walk a straight line by placing the heel of one foot in front of the toe of the other foot, proceed several yards, then turn around and return in the same fashion. You may be requested to close you eyes, tilt your head back, and spread your arms. If you can’t maintain your balance and start to fall back, the police officer will suspect intoxication. You may also be asked to touch the tip of your nose with the first finger of your left hand, then with the first finger of your right hand. If you are unable to touch your nose, the police officer will suspect that you are under the influence. The officer may ask you to stand on one leg for a bit, then on the other to see if you can maintain your balance. You also may be requested to recite the alphabet or perform simple additions or subtractions. Of the police officer may ask you to repeat a tongue twister, such as, “Peter Piper picked a peck of pickled peppers.” The officer may shine a flashlight in your eyes to see how quickly your pupils contract. If you ever find yourself being asked to perform field sobriety tests, make sure that all conditions are as much to your advantage as possible. For example, at night, ask that the tests be preformed in a well-lighted area. The ground should be firm, level, and clean, preferably concrete. Tell the officer to repeat the directions if you don’t understand them. If they are still unclear, have the officer demonstrate what he or she wants you to do. When possible, it may be a good idea to have a third person watch the field tests to ensure that the officer conducts them properly. If you fail the field sobriety test, the officer will take you back to the police station, where you usually will have a choice between having a breath test or blood test. Previously you also had the choice of giving a urine sample. Most states have abolished the urine test because of its inherent unreliability. Before a urine test could be administered, you first had to empty your bladder completely, and then wait until your body produced enough urine for a second sample.
- Goodwin Law:
- Chastaine Law Office: Being accused of criminal conduct is a scary and difficult problem. Even innocent people can be arrested, incur loss of income and reputation, and suffer the risk of lengthy incarceration. YOU NEED someone that you can trust to take on the system.The criminal justice system is an adversarial system. You need a strong advocate who knows how to protect your rights, fight the system and present the evidence that is the most favorable to your position.
- Inland Family Law:
FAMILY LAW SERVICES:
Adoptions – Independent
Adoptions – Step Parent
Child Protection Issues / Orders (DPSS-CPS Cases)
Contested Hearings / Trials
Department of Child Support Services Cases
Dissolution of Marriage
Domestic Violence Cases / Matters
Emergency Motions / Hearings
CRIMINAL LAW SERVICES:
Felonies & Misdemeanors
Under the Influence
- Fountain Valley
- Garden Grove
- Hobbs, Timothy:
DUI / DWI
- Gold River
- Carson & Kyung:
Being arrested for a DUI is a terrifying experience. Whether you were pulled over for a traffic violation or went through a checkpoint, it’s still frightening. Police officers will often have you perform a Preliminary Alcohol Screening (PAS) breath test for alcohol or field sobriety tests (FSTs) on the side of the road. Then, based on those findings and other standard objective findings, they arrest you for driving under the influence.
Unless special circumstances exists, anyone arrested for driving under the influence of alcohol, drugs, or both is charged with violating Vehicle Code §23152(a) and is prosecuted for a misdemeanor. If the arrestee submitted to a blood-alcohol test and the results show a blood-alcohol content (BAC) of 0.08 percent or more, the arrestee will also be charged with violating Vehicle Code §23152(b).
- Door, Kristin:
- Granada Hills
- Kellenberger, James:
Driving Under the Influence
People who get arrested for driving under the influence (DUI) are seldom hardened criminals. They are typically law-abiding citizens who do not deserve to go to jail. In addition to the sizeable fines imposed on convicted drunk drivers, the following consequences may occur:
Jail time for repeat offenders
Loss of driving privilege for at least 30 days
Loss of a job, if driving is necessary for employment
County work program
Substantially increased insurance premiums.
A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney to avoid these consequences. Mr. Kellenberger's proven expertise in rehabilitation and recovery provide the best possible opportunities to avoid jail and loss of license.
- Half Moon Bay
- Kellenberger, James:
Driving Under the Influence
People who get arrested for driving under the influence (DUI) are seldom hardened criminals. They are typically law-abiding citizens who do not deserve to go to jail. In addition to the sizable fines imposed on convicted drunk drivers, the following consequences may occur:
Jail time for repeat offenders
Loss of driving privilege for at least 30 days
Loss of a job, if driving is necessary for employment
County work program
Substantially increased insurance premiums.
A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney to avoid these consequences. Mr. Kellenberger’s proven expertise in rehabilitation and recovery provide the best possible opportunities to avoid jail and loss of license.
- Martens, Christopher:
In defending you against drunk driving charges, one of the first things that your attorney at the firm will investigate is if law enforcement had probable cause to stop and arrest you. If the search or arrest was made illegally, then your case may be dismissed. Other factors that can be challenged concern whether the prosecution can prove that you were driving, what the level of intoxication was at the time you were driving, whether chemical testing procedures were done properly, whether chemical testing equipment was accurate and well-maintained, and other considerations. In California, as in all other states, the legal limit for blood alcohol concentration is .08. You can be charged with a DUI for drug-impaired driving as well; any type of drug, whether an illegal street drug such as marijuana, a prescription medicine, or over-the-counter drug may result in an arrest and conviction.
- Meyer, Laurence:
Under the Influence
Theft/Petty or Welfare
Assault & Battery
- Reinhart, Michael*:
Prostitution & Solicitation
Robbery / Burglary
Assault & Battery
Hit & Run
Some criminal cases result in a trial in front of a jury. The skill with which the attorney presents your case to a jury is of vital importance. It can make the difference between a "guilty" and "not guilty" verdict. Not all attorneys have the courtroom talent needed to present a compelling case for the defendant. Even when the individual facing the charge is innocent of the crime, without an excellent presentation to the jury they can still be convicted of the crime. The understanding of the jury process, how they respond to information and how to present a case is a critical ability that your attorney must have.
- Birns, Douglas*: Misdemeanor Offenses Include: DUI Domestic violence Petty theft Assault Spousal abuse Theft Sex crimes Probation violations Expungements Pardon
- Hayward, Hemet, Hollister, Huntington Beach DUI Lawyers
- Bonilla Law Firm:
Criminal Law – State and Federal
- Indian Wells
- Yaryan, Geoffrey: Criminal Defense DUI Defense Traffic Violations Violations of Probation Domestic Violence Juvenile Crimes
- Kennedy, Michael: Many attorneys take a fee but fail, or will refuse, to fight for their clients, only to tell them later, “You don’t have any defense, plead guilty.” Many clients tell us they have been so counseled. This fiction is often espoused in drunk driving litigation, where it is urged that DUI’s are statistically dangerous, or that they cannot readily be defended in court. Both are false. There are manifold problems with the initial police contact with motorists suspected of drunk driving, and then with the collection of evidence, and then with the preservation and processing of evidence, and then with the proper introduction of it in sufficient quantities in court. There is much to fight against a drunk driving accusation, no matter how bad the numbers superficially appear to be. Don’t be fooled. Similar issues are involved in all other sorts of cases; there is virtually no set of facts or circumstances that cannot be made better for you, even if not disposed of outright, if you have the proper and effective representation.
- Katz, Arthur:
- Cabrera, Peter*: Also known as driving while intoxicated (DWI), driving under the influence of alcohol or drugs is an issue that garners a great deal of attention and ever-increasing penalties in all fifty states.
- Valente Law Offices: DUI: If you have been arrested for Driving Under the Influence (DUI) for either drugs or alcohol it is important that you contact an attorney with experience in DUI defense. In Riverside and San Bernardino counties, a DUI conviction can result in possible jail time, a Drinker Driver Treatment Program including required classes, and substantial fines.
- Shuford & Reynolds: A DUI conviction has serious consequences. Not only can you lose your license, but also the prosecutor can demand jail time and substantial fines. You need an experienced, competent attorney.
- Amobi Law Office: If you’ve been accused or arrested, you cannot afford second-rate legal representation! Whatever the circumstances of your particular case, it is important to retain an experienced criminal defense attorney who can defend you against serious allegations, and explain all of your legal options. KNOW YOUR RIGHTS Miranda Rights 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 an attorney and for an attorney to be present during questioning. If you cannot afford an attorney, one will be appointed for you. (The courts have ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he understands his rights) For Misdemeanor or Felony Offenses that go to trial In a criminal trial, a jury listens and examines the evidence to decide whether, “beyond a reasonable doubt,” the defendant committed the crime(s) in question. In a trial the prosecution has the burden of proving to the judge or jury that the defendant committed the offense(s) in the hope of obtain a “guilty” verdict and a conviction of the defendant. A trial also represents the defense’s chance to refute the prosecution’s evidence, and to offer its own in some cases. After both sides have presented their evidence and made their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged. (Note: Although a trial is the most high-profile phase of criminal justice process, the vast majority of criminal cases are resolved well before trial – through guilty or no contest pleas, plea bargains, or dismissal of charges.) Sentencing After a person is convicted of a crime, whether through a guilty pleas, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase. A number of different kinds of punishment may be imposed on a convicted criminal defendant, including: * Fines; * Incarceration in jail (shorter-term); * Incarceration in prison (longer-term) * Probation (with or without custody time); * A suspended sentence, which takes effect if conditions such as probation are violated; * Payment of restitution to the crime victim; * Community service or Caltrans or Graffiti Removal; * Drug and alcohol rehabilitation For misdemeanors and infractions, sentencing often takes place immediately after conviction or when a defendant has plead guilty In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense and the probation department (which prepare recommendations in a “pre-plea report or post conviction report”). The sentencing judge will also consider punishments and sentencing ranges identified in applicable criminal statutes, as well as a number of case-specific factors, including: * The defendant’s criminal history, or lack thereof; * The nature of the crime, the manner in which it was committed, and the impact on victims, i.e. whether injuries resulted; * The defendant’s personal, economic, and social circumstances; and * Regret or remorse expressed by the defendant. I have been arrested for a misdemeanor offense…what will happen on the first court date? A Misdemeanor is an offense less serious than a felony, punishable up to a fine of $1,000.00 and/or a maximum of one year in jail.
- Irvine Irvine
- Pedder, Hesseltine, Walker & Toth: * DUI (sometimes called drunk driving or DWI/OWI), and consequently facing a lengthy driver's license suspension in addition to other serious penalties * Possession, sale and other drug crimes involving marijuana, cocaine, prescription drugs or other illegal substances * Domestic violence, violation of a restraining order, assault or another violent crime * Theft, burglary, shoplifting and other property crimes * A range of other misdemeanor and felony offenses
- Laguna Beach, Laguna Hills, Laguna Nigel, La Habra, Lakeport, LaMesa, La Puente, La Quinta
- Long Beach
- Los Alamitos
- Eagle, Rondee: * Handling All Misdemeanor & Felonies * Drunk Driving * DMV Hearings * Drug Charges * Assault & Battery * Domestic Violence * Vehicle Code Violations * Homicide * Probation Violation - Theft * Juvenile Matters * Failure to Appear * Burglary
- Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles
- Lower Lake
- Steve Tulanian: CLEAR YOUR CRIMINAL RECORD (Expungement) In many cases, an individual convicted of a felony or misdemeanor offense may be entitled to have the conviction expunged from his or her criminal record. Pursuant to Penal Code section 1203.4, a person convicted of a criminal offense may obtain a court order which has the effect of changing a guilty plea or conviction to a not guilty plea and the conviction then can be reduced to a misdemeanor offense and dismissed. Misdemeanor offenses may be dismissed. If a person has successfully completed probation, an expungement may be possible. This order may or may not affect firearm rights.
- California Drunk Driving Defense J-Z