Ôªø California Drunk Driving Defense

Find a DWI DUI Drunk Driving Lawyer in your state.

Sponsor Attorneys

Darren Kavinoky-Calbasas, Beverly Hills

Mike Richmond-El Cajon

Michael Grodsky-Los Angeles

Christopher Haskins-Sacramento

Robert Tayac-San Francisco

Darryl Genis-Santa Barbara

J. P. Lavallee-Santa Cruz

Sick of Your California DUI charge? We are too!

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ’Äì all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

California DUI Drunk Driving Defense Information

Search for California DUI Attorneys by County.

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 ’Ä¢ Driving Under-the-Influence (DUI) Frequently Asked Questions ’Ä¢ An Overview of California's Driving Under-the-Influence Program ’Ä¢ Overview of California's Driving Under-the-Influence Program Licensing Process ’Ä¢ Driving Under-the-Influence (DUI) Statistics ’Ä¢ California Association of Drinking Driver Treatment Programs (CADDTP)

Attorney Offices by Municipality

  • Multiple Locations
    • DUI Help: Listings by county.
    • Kuwatch Law Offices: The web's most complete source on California DUI law, from the drunk driving defense attorney who wrote the book on it.
    • Lawrence Taylor: 5-attorney firm handling DUI defense exclusively, with offices in Long Beach, Irvine, Beverly Hills, Woodland Hills and Carlsbad.
  • Anaheim, Aptos, Bakersfield, Berkeley, Brea, Beverly Hills DUI Lawyers
  • Burbank
  • Burlingame
    • Anthony Lowenstein: If one pleads guilty or is found guilty after trial, the case is set for sentencing. Often, creative Sentencing options are available for different individuals. In every case, a person is referred to the probation office where a probation officer interviews you and makes a recommendation to the judge as to an appropriate sentence. Since, the probation officer's report largely influences the sentence the Judge imposes, it is helpful to consult your attorney about how to discuss the case with the probation officer.
  • Calabasas, Camarillo, Campbell, Capitola, Carlsbad, Century City, Chico, Chino, Claremont, Costa Mesa, Covina DUI Lawyers
  • Culver City
    • 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).
  • Davis, Diamond Bar, Downey, El Cajon DUI Lawyers
  • 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.
  • Encino
  • Eureka
    • Manny Daskal: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
    • Prendergast Law Office: If you have been accused of DUI, whether a misdemeanor or felony, the decisions you make about your case can literally change your life. Whether it's a trial or a plea bargain, it is your life and liberty that are at stake.
  • Fremont
    • Mark Cohen: The measure of how much a society truly values the freedoms it affords its citizens is directly proportionate to how it treats those accused of a crime.
    • Steven Citti: If you have been arrested and accused of a crime, it is in your best interests to speak immediately with an experienced criminal defense attorney, regardless of guilt or innocence.
    • David Byron: This is an offense which can involve a wide spectrum of persons, those financially well off, those not so well off, those who work with their hands, those who work in offices, those who drive for a living, those who are relatively young and those who are elderly and those in between - anybody who at one point had something to drink and then drove.
  • Fresno, Fullerton, Glendale, Hayward, Hemet, Hollister, Huntington Beach DUI Lawyers
  • Indio
    • 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.
  • Irvine
  • Laguna Beach, Laguna Hills, Laguna Nigel, La Habra, Lakeport, LaMesa, Long Beach DUI Lawyers
  • Los Angeles
  • Jackson
    • Michael Fannon:

      Cal Veh Code § 23152 (2004)


      ¬ß 23152.  Driving under the influence; Drivers of commercial vehicles

         (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
       
         (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.
       
         For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
       
         In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
       
         (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
       
         (d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
       
         In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
       
         (e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. ¬ß 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
       
         (f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

    • Jeffrey Seaton: Whether you live in the Jackson, California area or you were driving through Amador County on your way to or from the Jackson Rancheria, the vineyards or Lake Tahoe, being stopped for a traffic violation or DUI can turn your pleasure trip into a legal nightmare. If you are arrested for DUI and want to keep your driving privileges, you must schedule a DMV hearing within 10 days.
  • Marin & Sonoma Counties:
    • Blalock & Associates: If you have been charged with driving under the influence in California, you will lose your license. If you do not act within the first 10 days.
  • Marina Del Ray
    • Robin Yanes: In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be overwhelming.
  • Marysville
    • Roberto Marquez: How do I get a "finding of factual innocence?" If you were arrested and no charges were filed against you, or you were charged but you were not convicted and the case against you was dismissed, or if you were acquitted after a trial, you can ask the court for what is known as "a finding of factual innocence." If the court makes this finding, you can truthfully answer that the arrest never happened.
  • Merced
    • Alonso Law Firm: Facing criminal charges is a frightening and frustrating experience. Even misdemeanor charges can result in serious penalties, including: A Criminal Record For You Large Fines Lengthy Probation Jail Time
  • Mill Valley
  • Mission Valley, Mountain View, Monteray, Moreno Valley, Mountain View DUI Lawyers
  • Napa
    • Charles Gravett: Whether or not you hire an attorney, you MUST request an Administrative Per Se hearing from the DMV within 10 days from the date of your DUI and request a "stay" on your license, or you will lose your driving privileges for up to 6 months. Once a hearing is set, your license will automatically be stayed (which means the suspension will stop) pending the outcome of your hearing. You must request this hearing in order to contest the suspension of your license. This hearing is SEPARATE from the court date you received on your citation.
    • Steven Flinn: Have you been arrested for driving under the influence? You have only 10 days from date of arrest to file an appeal. Don't delay!
  • Newport Beach
  • Norwalk
    • John McDonald: California Vehicle Code Section 23152(a) prohibits any person to drive a motor vehicle while under the influence of any alcoholic beverage and/or drug. California Vehicle Code Section 23152(b) prohibits any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle. Furthermore, in cases of commercial motor vehicles, California Vehicle Code Section 23152(d) prohibits any person who has 0.04 percent of more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. A. Driving ’Äì Driving requires ’Äúvolitional movement of a vehicle’Äù. Driving can also be established by circumstantial evidence (surrounding circumstances). California is not subject to a so-called ’Äúcare and control’Äù statute and, therefore, mere control of a vehicle is not sufficient to establish the element of driving. B. Under the Influence - A person is under the influence of an alcoholic beverage and/or drugs when, as a result of such drinking of an alcoholic beverage and/or using a drug, his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
  • Oakland, Ojai, Orange, Palm Desert, Palo Alto, Pasadena DUI Lawyers
  • Petaluma
    • Ronald Cassells: Every client's case hasÔø‡unique concerns and requirements.
  • Placerville
    • Erik Schluter: Miranda Rights

      Q: What are my Miranda Rights?

      A: When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
      1) You have the right to remain silent.
      2) Anything you say can and will be used against you in a court of law.
      3) You have the right to be advised by an attorney before answering any questions.
      4) If you desire an attorney and cannot afford one, one will be appointed for you free of charge.

      Q: Nobody read me my Miranda Rights. Isn't that illegal?

      A: Not necessarily. An officer only has to advise you of your rights if two conditions occur.
      1) You are in custody, or a reasonable person in your position would feel that they were not free to leave; AND
      2) The officers are asking questions about their investigation.
      If both of these conditions are not met, the officer is under no obligation to advise you of your rights

      Q: If an officer advises me of my Miranda Rights, what should I do?

      A: Use the rights that you have just been advised. Tell them "I want an attorney!" and "I want to remain silent!" Call your attorney right away. The officers MUST stop questioning you at that point. If they continue questioning you, DO NOT SAY ANYTHING. Do not explain your request for an attorney or your demand to remain silent . Do not volunteer anything. Just stay quiet and don't say a word, except to ask to call your attorney.

      Q: If I am arrested and admit I committed the crime before they Mirandize me, does that mean they cannot use my statement in court?

      A: Why would you want to admit anything? If you make ANY voluntary statement, that statement WILL be used against you in court. Use your right to remain silent; DO NOT make any statement to the police until after you have discussed it with your attorney. Do Not talk to the police without your attorney present.

      Q: If I tell the police that I will talk off the record and they turn off the tape recorder, does that mean that what I tell them cannot be used against me?

      A: NO. Any statement you make to the police WILL be used against you regardless of whether it is "off the record" or unrecorded.

      Q: Do the officers always make an accurate report of what you tell them?

      A: No. They are human too and subject to making mistakes or assumptions. If you feel compelled to talk to an officer, make sure that they tape record the ENTIRE conversation. If they are talking to you as a suspect, talk to your attorney first.

      Q: The officers tell me that I am free to leave, but they do not tell me about my Miranda rights. Does that mean that they cannot use the statement against me?

      A: NO! That is their way to get around advising you that you have the right to remain silent, or that you have the right to an attorney. If they are questioning you about a case, call your attorney first. Discuss with your attorney whether you should make a statement. It is rarely in your best interest to talk to officers about a case in which they think you are involved. Use your feet and LEAVE if they tell you that you are free to leave.

      What to do if you find yourself in jail

      Q: I was arrested. What should I do now?

      A: Do not talk to ANYONE about your case or what happened. The ONLY person you should talk to about your case is your attorney. If you talk to anybody else about your case, that person could be subpoenaed to court to tell a jury what you said. Some jailers seem very friendly¬Öremember, they are LAW ENFORCEMENT OFFICERS. They will tell the District Attorney what you said. Other inmates will ask you about your case. A lot of them are trying to get information that they can trade for a better deal on their case, so do not talk to them either. The only person who you can tell the facts to without it getting out to others is your ATTORNEY. Call your attorney right away.

      Q: What can I do to get out?

      A: If you are just under arrest for a minor charge (Disturbing the peace, littering, possession of a smoking pipe for controlled substance, etc.) it is likely that the jail will give you a citation to appear on a date in the future and then let you out. If that is not the case, then you need to contact a bailbondsman. A bailbondsman will charge you around 10% (ten percent) of the bail to bail you out. You do not get that money back. (If your bail is $10,000, you have to pay the bailbondsman $1,000 to get bailed. Not all bail agents charge the same, and some will have options such as payments. It might be worthwhile to shop around.) Sometimes, if you wait for your arraignment, the judge may lower the bail. Then your out of pocket loss is less. On certain occasions, your attorney can get you released without having to pay anything. This is called a Release on your Own Recognizance. Contact an attorney right away after being arrested to see what they can do for you.

      Q: Do I get my money back from the bailbondsman when my case is over?

      A: No. The money you pay to a bailbondsman is the price you pay for them to put up a guarantee that you will appear in court. The fee you pay is where they make their money.

      Q: Some of the other inmates are telling me what I should do on my case, or they are telling me something different than my attorney. Should I listen to them?

      A: No. If they were so smart, they would not be in jail. They are not trained attorneys, nor should they know the facts of your case (you should NEVER talk to other inmates about the facts of your case.) Your attorney knows your case and has been trained in the law. Your attorney has access to research books, and in most cases knows how to deal with the prosecutor handling your case. Your best bet is to work with your attorney.

      Q: Can I talk to my family about my case when they come to visit or when I call them on the telephone?

      A: NO! The jailers monitor every visit conversation and every telephone call made by inmates. Unless you want to tell your information to the District Attorney, DO NOT talk about your case with anyone but your attorney. The jail is NOT allowed to monitor any conversation you have with your attorney.
  • Pomona
    • Antonio Bestard: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems.
  • Rancho Cucamonga, Rancho Palos Verdes, Redding, Redwood City DUI Lawyers
  • Riverside
  • Rosamond
    • Olaf Landsgaard: Whether one drinks beer, ale, or not at all, be warned -generally two drinks in any one hour period puts you in the danger area for a DUI arrest if stopped by a police officer (this varies according to weight of the person and alcoholic content of the beverage). In fact, an activist California Supreme Court recently legislated a new law (People v. Bransford) making it unlawful for breath alcohol to exceed a level of .08%
  • Sacramento
  • Salinas
    • Joaquin Celaya: Our law office will represent adults or juveniles charged with misdemeanors or felonies. Part of our goal is to educate our client as to how the criminal justice system works. We will work to minimize the impact their life and avoid future involvement with the criminal justice system. In other cases, our criminal defense goal may be to protect a license, as in a drivers license may mean loss of a job and the ability to support a family. At other times, such as that in a second or third DUI offense, an individual may have had other contact with the criminal justice system, and knows his or her rights, and is most interested in vigorous representation.
    • Elvira Zaragosa Robinson: I can understand your stress, frustration, and anger in finding yourself as defendant in criminal case. I also understand your fear not knowing if the Criminal Court is going to punish you with jail, fines or probation, or if the Department of Motor Vehicles is going to suspend your license.
  • San Bernandino, San Bernardo, San Clemente DUI Lawyers
  • San Diego
  • San Francisco
  • San Jose
  • San Leandro, San Luis Obispo, San Mateo DUI Lawyers
  • San Rafael
    • Ron Blair: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
  • Santa Ana
  • Santa Barbara
  • Santa Clara, Santa Cruz, Santa Monica, Santa Rosa DUI Lawyers
  • Saugus
    • Gary Symonds: Many lawyers advertise criminal representation. However, the vast majority will not take your criminal matter to trial, mainly because they have no real trial experience. Many attorneys will demand a very high retainer fee for a criminal case. Unfortunately, the client will get nothing but smoke and mirrors, and little fire. In the end, despite numerous court appearances, which are mostly to continue the case for one reason or another, the attorney holds the client’Äôs hand and a guilty or no contest plea is entered, despite the huge retainer paid at the beginning of the case. ... Not all criminal cases can be taken to jury trial. In fact, comparatively few can be brought before a jury.
  • Sausalito
    • Kevin Heaney:

      Many charged with a DUI / DWI in Marin County, Contra Costa County or San Mateo County, are unaware of the legal limits and the consequences for a DUI in California.  In California the rules are as follows:

      • the BAC (blood alcohol content) defined as illegal is anything over 0.08 percent
      • the administrative license suspension for a first time offense is four months
      • driving privileges may be restored during license suspension after 30 days
      • an ignition interlock device may be attached to the vehicle
      • vehicle forfeiture may be included
      • open container laws apply to both the driver and the passenger
  • Seal Beach, Sebastapol, Sherman Oaks, Simi Valley, Sonora, Soquel DUI Attorneys
  • Southern California
    • Wallin & Klarich: If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV. Indeed, you must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing from the DMV. This must be done within ten days of your arrest in order to protect your right to a hearing so that your driving privilege is not suspended for four months. These matters are difficult, but the can be successfully defended both in court and at the DMV.
  • South Pasadena
    • Gregg Eichler: An arrest is a terrible and frightening experience. Your well being, finances, job, family, and even your personal freedom are on the line. It is important that your case be handled correctly by an experienced and caring attorney. The district attorney will be arguing for your conviction---who is going to fight for you?
  • Stockton
    • Gregory Davenport:
      • Assert Constitutional Defenses
      • Protect Your Vital Pre-Trial Rights
      • Avoid DMV Points on Your License
      • Attack the Basis for the Police Stop
      • Suppress Evidence
      • Apply for a Work License
      • Minimize/Eliminate License Suspension Time

      The biggest problem you are facing is that you don't know what to expect or how to react to it. You may be tempted to accept a plea bargain that seems like a good idea at the time but really has long term effects that will cost you time, money, and even your freedom. Don't give them the chance to take advantage of you.

    • San Joaquin County Superior Court -- Driving Under The Influence Cases

      Driving Under The Influence Cases

      It is a misdemeanor for a person to drive a vehicle while under the influence of any alcoholic beverage or drug. In California, a person over the age of 21, is presumed to be Under the Influence (DUI) if there is a blood alcohol concentration of 0.08 percent or more. The maximum blood alcohol concentration for a person under the age of 21 is 0.05 percent.

      A conviction for DUI remains on a driver's record for 7 years and can be used to increase fines and penalties for subsequent DUI convictions.

      Public defenders will be available to counsel you when you attend court.

      Appearances are mandatory. When you appear in court, you will be advised of the consequences of a conviction, including probation conditions, fines, and license restriction or suspension.

      In-custody DUI's (Driving Under the Influence) are arraigned at the court located where the offense occurred.
  • Sunnyvale
    • Michael Nichols: When arrested for a crime, it is important to get legal advice immediately to preserve your rights! Do not talk with anyone. This includes a police officer, a cellmate, a friend, a reporter or even your family until you have discussed your situation with me. An arrest is NOT a conviction. You are presumed innocent unless the charges can be proved against you by competent evidence in court.
    • Scher & Bassett: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family.
  • Tarzana
    • Hughson & Associates: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
  • Tehachapi
    • Harry Reynolds: In California, it is a crime to operate a motor vehicle while under the influence of drugs and/or with a blood alcohol content¬Ýof 0.08 percent or more. In order for the prosecutor to obtain a conviction, it is necessary for him/her to prove: (1) that you were driving, and (2) that you were under the influence of drugs and/or that your blood alcohol level is 0.08 or more by weight. It is also a crime to operate a motor vehicle when you are too impaired to safely operate a motor vehicle. Such, impairment can result from drugs and/or medications, including, but not limited to prescription or over-the-counter medications, or certain cough syrups.
  • Temecula
    • Nic Cosis: Chances are, you have never been charged with a crime before. Whether you have been charged with a felony or a misdemeanor, you now face a process that carries with it the possibility of real and permanent consequences. Criminal defendants often do not know how serious their own situation is. You should know that whatever the charge is, it is serious and needs to be addressed. A conviction for even a ’Äúminor’Äù charge can lead to jail time, fines, or both. And your conviction will become part of a criminal record that can cost you employment and financial opportunities in future. Now, as never before, you need to fight to protect your rights, and you need a skilled criminal defense attorney who will stand up for you.
    • Jefffrey Zimel: The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
    • Gorian & Kish: See to it that your rights are protected.
    • John Pozza: When you are arrested and accused for "Driving Under The Influence", you need an experienced criminal attorney tp represent you. At the time of your arrest, your license was suspended. The paper license you were given is only a temporary license that is valid for only 30 days.
  • Torrance
  • Tustin
    • Barney Gibbs: An inherit right as an American citizen is the fact that you are innocent until proven guilty. Although this is upheld in our judicial system, many people are tried in the media with the presumption of guilt.
    • Donna Ortleib: If you are charged with a misdemeanor or felony crime, hiring an attorney is essential. Unlike traffic tickets where the police officer typically acts as the prosecutor, in misdemeanor and felony cases the state is represented by experienced prosecutors. Our criminal justice system is adversarial, which means each side makes arguments and asks questions and then a finder of fact, typically a jury, decides the case. The judge cannot aide an unrepresented defendant who finds himself or herself in over their head. Criminal cases and their jury trials are extremely complicated procedures. An attorney is essential in order to navigate this process.
    • Rudolph Lowenstein: Not only is freedom at stake when charged with driving under the influence, but often livelihoods and always the privilege to drive. The Department of Motor Vehicles will attempt to suspend your driving privilege, however often times quick and aggressive response to the DMV can save your ability to drive.
    • Fredercik Ray: After a typical California DUI arrest, you may have only ten days to request a hearing from the Department of Motor Vehicles to challenge the administrative suspension of your California driving privilege. If a hearing is not set, and a "stay" (or postponement) of the suspension is not requested, your license may be automatically suspended after 30 days if your blood alcohol level was a 0.08% or greater. If you have just suffered a DUI arrest, it is crucial that you call us immediately for a consultation so we can assess your situation and act to preserve your hearing right, if applicable.
  • Unknown Location
    • Chase Law Group: BAC Chart
    • Randy Moore: Many people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack.
    • James Perley: D.U.I., or driving under the influence, cases are a special type of case in the criminal defense field. You are fighting in the criminal courts against the District Attorney who represents the State of California, and also the Department of Motor Vehicles. THe Department of Motor Vehicles can and will take away your licence. You have a right to a hearing with the Department of Motor Vehicles, but you have to move fast.
  • Unknown
    • Andy Miri: A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge (DUI/DWI) should not hesitate seeking immediate legal counsel from an experienced drunk driving defense attorney. . Best advice, if arrested for DUI/DWI, call an attorney who practices in this field immediately. VERY INMPORTANT, READ BELOW License Revocation/Suspension More than 20 years ago, the federal government ’Äúencouraged’Äù the states to punish drivers suspected of DUI/DWI. Some states ’Äúsuspend’Äù while others ’Äúrevoke’Äù driver licenses. This punishment may include suspension/revocation, conviction, ignition interlock, and/or alcohol and drug rehabilitation, etc. Therefore, a DUI/DWI arrest can start not only a CRIMINAL case, but also an ADMINISTRATIVE case against the driver. The reason behind this double punishment is because driving is a PRIVILEGE, not a RIGHT. A DUI attorney MUST be proactive on both fronts because the administrative hearing is very important in ’Äúwinning’Äù your case. The suspension/revocation laws allow VERY SHORT time windows in responding to DUI charges - as short as 5 days to as long as 30 days after the arrest. Once this time expires, you cannot get a hearing at all.
  • Upland
    • Fernando Bernheim: The criminal penalties for a DUI conviction are discretionary, but may include fines, jail time, probation and community service. The severity of the penalty depends on many aggravating factors, such as: The driver's history of DUI violations Whether there was a child in the vehicle Whether the DUI violation involved a car accident that resulted in property damage or injury/death to another person DUI arrest or conviction also affects driving privileges, including suspension of one's driver's license (usually by DMV), confiscation or impoundment of the driver's car, administrative costs and mandatory alcohol education and treatment programs. Many states require offending drivers to pay a reissue fee to get a suspended license back. In addition, some states require drivers convicted of DUI to install an "ignition interlock" device on their vehicles, which measures the driver's BAC (based on breath) and prevents operation of the car if more than a minimum amount of alcohol is detected.
  • Vallejo
    • Jim McEntee:

      DUI Defense

      A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. A DUI conviction in California carries with it heavy penalties, including:

      • A permanent criminal record
      • Suspension or loss of license
      • Increased insurance rates
      • Possible jail or prison time
      • Alcohol assessment and treatment
      • Probation
      • Vehicle immobilization or forfeiture
      • Serious fines
      • Possible job loss

      In almost every DUI case, a driver has two cases to contend with. The DUI arrest not only results in criminal charges, it also initiates a civil proceeding against the arrested motorist's driving privileges, commonly referred to as a California Department of Motor Vehicles (DMV) license suspension. A DMV license suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. Issues involved in a DMV license suspension hearing include the following:

      • Whether the law enforcement officer had reasonable suspicion to stop the driver
      • Whether the officer had probable cause to arrest the motorist for drunk driving
      • Whether the officer complied with California implied consent law in terms of offering an opportunity to provide a specimen of blood or breath
      • Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering alcohol concentration of .08 or greater.

      If you have been arrested or accused of drunk driving, DUI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

  • Van Nuys
    • Kenton Koszdin: 1. REPRESENT YOURSELF You will have to show up to Court yourself and deal with the legal process on your own. Since you do not know the law and have no experience dealing with the District Attorney, you will be at a big disadvantage. You may have valid defenses that could make a major difference in your case. However, the District Attorney is not going to help you and you will never know if you had any good defenses to avoid or reduce the severe punishment that even a first time DUI can bring. 2. USE THE PUBLIC DEFENDER Public defenders play a valuable role in our criminal justice system. However, to be able to use the public defender, you have to show that you qualify for their services. Generally, only people with very low income and few assets will qualify to have the public defender represent them. Also, public defenders handle 35-50 cases per day, so it is very difficult for them to investigate your case and give you the attention you need. Because of the heavy caseload, there is an incentive for the public defender to plead you guilty and move on to their next case. Also, a public defender cannot represent you at a DMV hearing.
    • Seymour Amster: In all criminal prosecutions, the accused shall enjoy the right ’Ķto a trial, by an impartial jury’Ķand to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him’Ķand to have the assistance of counsel for his defense. (6th Amendment to the US Constitution)
    • Daniel Ditloff: Trust someone who knows the system to provide the right representation and guidance.
    • Kestenbaum & Eisner: Drunk driving is sometimes referred to as Driving Under the Influence of Alcohol or Drugs ("DUI") or Driving While Intoxicated ("DWI"). DUI is a serious criminal offense, one that must be addressed immediately. Rights can be lost without prompt action. Unless done properly, you could lose your driver's license without a hearing!
  • Ventura
  • Visalia, Vista, Walnut Creek, Westminster, Whittier, Willits, Woodland Hills DUI Lawyers
  • Yreka
    • William Duncan: If I am sentenced to ’Äúx’Äù days, do I have to serve all ’Äúx’Äù days? ¬Ý Generally not. Normally, if a person is sentenced to county jail time, he/she gets one day of good conduct credit for each two days in jail. Thus, if a person is sentenced to sixty (60) days in jail, he/she will have to serve only forty (40) days in jail. However, there are situations involving prior ’Äústrikes’Äù or other circumstances wherein a defendant will earn less good conduct credit. ¬Ý


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