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Encino DUI Lawyers

• Nick Hedding: California law separates DUI and Felony DUI. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer. If you have missed this 10-day deadline, there are still things that we can do to remove or minimize your license suspension. The key is to contact us immediately.
• Gerald Fogelman: 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.
• Gurovich & Associates:

  
  The concentration of alcohol in onešs bloodstream, expressed as a percentage. Blood alcohol content is used to determine whether a person is legally intoxicated, especially under a driving-while-intoxicated law.

  If You Drive In California:

  • It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
  • California has enhanced penalties for convicted offenders with BAC level of .20 or above.
  • Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
  • If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended one year.
• Ronald Hedding: California law separates DUIs and Felony DUIs. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer.
• James Barnes: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
• Scott Spindel: You must understand the state of California follows the implied consent law. This means that if you have been arrested for driving under the influence you must submit to a chemical test, blood or breath and in some cases urine (only if blood or breath are unavailable) to determine the alcohol content of your blood. If you fail to complete or refuse to take a chemical test your license will be suspended for one year. However, you are entitled to a hearing with the Department of Motor Vehicles, which also must be requested within 10 days of your arrest.
• Auletta & Associates: A drunk driving arrest requires immediate attention.
• Galliard, Jones & Resnick: 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.
• Letz, Milliken & Chesham: 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.