|
Search for California DUI
Attorneys by County.
Fresno, Fullerton, Glendale, Hayward, Huntinton Beach DUI Lawyers
Fresno
- Robert Angres:
When you are arrested for a DUI in California, you should be able to
delay the automatic license suspension from occurring 30 days from your
arrest. You should call 415-557-1170 (San Francisco Driver Safety
Office) within ten days of your arrest and ask for an administrative
per se hearing. Also ask for a stay on your license suspension. The DMV
will grant you the stay and send you a temporary license. By exercising
this statutory right, you should be able to drive legally until the
date of your hearing, which is usually several months after your
arrest. If you prefer, retain our firm within that ten-day window, and
we will make all the necessary arrangements associated with temporarily
preserving your driving privilege. We will then appear at your hearing
and fight to have the impending suspension lifted.
- Christopher Caine:
If you have been charged with a crime, the assistance of an experienced and caring attorney is vital, especially during this stressful time.
- Armas & Torigian:
If you have been accused of a crime, you probably have several questions:
- Do I need an lawyer?
- What am I charged with?
- Am I going to jail?
- If so, will I be released from jail?
- Will I need cash to post my bail?
- When do I go to court?
- Steven Cummings:
If you have been charged with a crime for the first time, such as DUI or an alcohol-related offense, you may be apprehensive and confused about what your rights are or what you should do next.
- James Wasson:
DUI. Many experience feelings of guilt and shame. Many feel that their case is hopeless and they just want to plead guilty and "take their medicine."
Before reaching the decision of whether to plead guilty or defend a case, there are a few things anyone facing this decision should consider. A DUI conviction is a criminal conviction that remains on a person's criminal record forever. The "costs" of a conviction include, but are not limited to: - Increased automobile insurance costs, five years in most cases;
- Job opportunity implications-many employers are now denying employment to persons with alcohol related driving convictions;
- Restricted or no driving privileges;
- Facing multiple offense sanctions if convicted again; and
- If a licensed professional or a college student, loss of professional license and/or disciplinary action by the school.
Placing a monetary value on the above factors depends on each person's particular circumstances, but suffice it to say that the decision to defend a case or plead guilty should only be reached after careful evaluation of all the potential consequences of a conviction.
- Falk & Associates:
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.
Fullerton
- Mark Madison:
Police officers conduct "field sobriety" tests on drivers when they make vehicle stops and suspect that a driver may be intoxicated. Designed to help officers determine whether a driver is intoxicated based on the officer's assessment of the driver's physical or cognitive ability, these on-site tests typically include the following physical agility exercises:
€ Horizontal Gaze Nystagmus (HGN) driver must follow officer's penlight with his eyes
€ Walk and Turn requires driver to walk a certain distance and turn around heel-to-toe
€ Standing on One Leg requires driver to raise one leg while counting aloud
€ Finger to Nose driver must bring the index finger to the nose with eyes closed
€ Rhomberg Balance Test driver must stand still with his head tilted back
- Hugh Whittemore:
DEPARTMENT
OF MOTOR VEHICLES INFO ON DUI's IT
IS A CRIME: - for
anyone with a blood alcohol content (BAC) of .08 percent or higher to drive on
a public roadway.
-
to drink any alcoholic beverage in a motor vehicle on a public roadway. (Driving
or not)
- to
have an opened container with any amount of alcohol in a vehicle on a roadway
unless the container is kept out of the immediate control of the occupants. (Driving
or not)
If
you are arrested for driving under the influence you must submit to a (blood,
breath, or urine) test to determine the BAC.
If
you refuse to take or complete the test, your license will be suspended for 1
year. If you are
arrested for driving under the influence and your BAC 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. CONVICTIONS
AND FINES: - 1st
conviction: You will be fined $390 to $1,000 and serve 96 hours to 6 months in
jail with 3-5 years of probation.
- 2nd
conviction: You will have the same fines as a first conviction; however, the term
of imprisonment will be at least 90 days to 1 year.
- 3rd
conviction in seven years can lead to a prison term of two to four years, plus
additional fines.
- 4th
conviction: is an automatic felony.
.
. . with each subsequent violation the penalties are enhanced. .
. . out-of-state convictions are considered prior convictions in California.
If
you were driving in a reckless manner and driving 30 mph over the speed limit
on a highway, or 20 mph on any other roadway, a 60-day penalty will be added to
your sentence. If
there is a child under age 14 in the vehicle upon arrest, penalties are enhanced
up to 90 days for DUI. The
driver may also be convicted of child endangerment, which is a misdemeanor and
is punishable by up to 1 year county jail time or 2-6 years in state prison.
Note
- fines do not include the cost of attorneys, vehicle impoundment or court penalty
assessments (which may equal or exceed the original fine).
DESIGNATE
A DRIVER Use
a designated driver . . . If
your group is partying, decide beforehand who will not drink and be the designated
driver. Many bars and restaurants throughout California encourage the designated
driver approach by providing that person with all the non-alcoholic beverages
he or she wants - on the house! To
find out more about your community's designated driver program, please contact
your local CHP office. CHP
941 (Rev. 2/1994) OPI 013
- Jacqueline Goodman Rubio:
Contrary to popular belief, when a person is arrested, the police are NOT required to "read you your rights." The reading of the "Miranda" warnings (right to remain silent, right to an attorney, etc.) and the obtaining of the suspect's waiver of those rights is required ONLY in order for the prosecutor to later use the statements of the accused against him at trial. Miranda warnings are, moreover, only required when you are in police custody AND they want to ask you questions which are designed to elicit an incriminating response. If, for example, you voluntarily go to the police station to make a statement (ie, you're not "in custody", or if, while you are in custody, you blurt out statments (not in response to a policeman's question), these statements come in regardless of a lack of Miranda warnings and waivers. Never agree to speak without first consulting a lawyer. I guarantee that no police officer would if (s)he were asked to.
- Mark Madison:
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.
Glendale
- Dijulio Law Office:
Know Your Rights Many people make several mistakes when they are first charged with drunk driving or the offense of reckless driving involving alcohol. First, they do not understand their constitutional rights and how they relate to a traffic stop. Second, they assume that the police, during the stop, did everything properly. Often, the police make a mistake during a traffic stop and violate some aspect of the Fourth Amendment. An experienced DUI lawyer can determine whether or not your constitutional rights were respected during a drunk driving arrest. If the police gathered evidence in violation of the constitution, an experienced attorney may be able to have that evidence stricken, making it that much more difficult for the state to win its case. Persons charged with drunk driving are arraigned right away the next morning after being arrested---being represented by a DUI lawyer at this time is very important. In addition to preserving your pre-trial rights, if you are not represented by a DUI lawyer at the arraignment, there is no one at the hearing who will be looking out for your interests. You may end up with a revoked license, because you accepted a plea bargain from the state prosecutor, who will make it seem like a good deal at the time. These deals are often not in your best interest. They often require you having your license suspended and a guilty plea placed on your record. This can be a serious problem if you are a member of a professional organization, or hope to join such an organization after college. If you don’t have an experienced DUI lawyer at your arraignment, it greatly reduces your chances to minimize your DUI fines, your license suspension period, or your ability to apply for temporary license that allows you drive to work. DMV Penalties It is essential that you contact an experienced DUI lawyer as soon as possible to represent you at the DMV hearing. At that hearing, the DMV will attempt to suspend your license after you’ve been charged with drunk driving. The DiJulio Law Group will exhaust every legal avenue available in order to prevent that suspension, minimize drunk driving fines and mitigate the damages to your professional reputation.
- Sheldon Eskin:
A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.
- Fred Nameth:
DUI/DWI Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
- Sarkis Jacob Babachanian:
California, arrests for driving under the influence of alcohol or drugs
(DUIs) are treated under the California Vehicle Code. Most DUIs are
charged under sections 23152(a) and 23152(b). Section 23152(a) makes it
"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." Section 23152(b) provides that
"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." Persons arrested
for driving under the influence are usually charged under both sections
23152(a) and 23152(b). Even when a person's Blood Alcohol Concentration
(BAC) is less than .08 (or when BAC is unknown because of a chemical
test refusal), the arrestee can still be charged under section
23152(a).
- Hutton & Wilson:
A client should quickly take the necessary steps to be referred to a
lawyer who will aggressively, confidentially and effectively represent
the client's interests.
- Daniel Nardonni:
In today's society, a vehicle is a necessity. Our goal is to protect
your right to own and operate a vehicle. Our 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. We know what these things are and we strongly urge you to move
quickly and contact us if you have been arrested or cited for a traffic
offense. If it is your first arrest, our goal is make sure that you can
continue driving. For second offenses, the goal is often to keep you
out of jail and able to continue providing for your family. We will get
you the best shot at being able to continue driving and avoiding jail
time. But you must move quickly.
Hayward
- Tamara Loughrey:
The Constitution does not require, nor does it prohibit, trial courts from defining reasonable doubt. Further, it does not require courts to use any specific language when instructing a jury regarding the government's burden of proof. However, the Constitution's Due Process Clause prohibits language that would allow an accused to be convicted on less evidence than that required by the "reasonable doubt" standard.
- Louis
J. Goodman: If you have been arrested for Driving Under the
Influence of Alcohol or Drugs, now is the time to get accurate
information from a qualified attorney.
- Gorelick & Gorelick:
When you were arrested for DUI, the officer took your license and gave
you a temporary license that is good for thirty days. You must contact
DMV within 10 calendar days of the date of the arrest to request a
hearing. You can prevent the suspension of your license by hiring a
lawyer to present your defense and make appropriate objections the
DMV's documents. We can help you to maintain your license.
Hemet
- Kevin Speir:
Not everyone the police arrest is guilty. ... With most people
knowing there is always two sides to every story and sometimes "three"
it is easy to see the need for bold criminal defense attorneys.
Prosecuting attorneys, in certain counties, are under pressure to
obtain convictions and cause cases to go to jury's for their own
career enhancement. It can seem to someone arrested that "innocent
until proven guilty" is only an idea taught in school. Having an
attorney that knows the law and can try a case if necessary is what a
client should look for when hiring an attorney.
Hollister
- George Barton:
If you have been charged with a crime, you may be unsure of the next step to take, or you may not be aware of what your rights are under the law. When you are charged with a crime, it is important to hire an attorney as soon as possible to preserve your rights. Criminal cases are often won or lost within the first few hours after arrest. Do not answer questions from the police without your attorney present. Do not volunteer any information, no matter how innocuous it may seem at the time.
Huntington Beach
- Christopher Hennes:
... no charge – not even DUI – is as indefensible as many people would have you think.
In DUI, as with every legal matter, each case is different. There may be mitigating circumstances or evidence problems. If your blood alcohol level was borderline, for example, there may be an opportunity to lessen the charges. If this was your first offense and/or if there was no accident attached to the charges, there may be an opportunity to lessen the charges and/or the sentence. Were the test procedures performed according to current case law? Were you stopped for legal reasons according to current case law?
... While a guilty verdict usually results in the loss of driving privileges for at least a period of time, other licenses may also be at risk, including professional licenses issued to realtors, medical professionals, brokers.
- Braden & Tucci
A drunk driving arrest triggers two separate legal actions against you.
One is the criminal action. The other is the DMV civil action to
automatically suspend your license. Often with proper and aggressive
representation, it may be possible to have the charges dropped or
reduced without the expense of trial.
- Randall Bertz:
Vehicle Code section 23152 (a)&(b), a misdemeanor, is one of the most
common criminal offenses in southern California. Unfortunately it is
also one of the most underrated crimes as well. It is important that
the DMV is contacted within 10 days of your arrest, to request a
hearing in order to protect your driving privilege. Severe fines,
alcohol school and a suspended driver's license can result from a
conviction for DUI. If an accident causing injury has occurred while
driving under the influence of alcohol and/or drugs you may be charged
with 23153 VC.
Return to California DUI Lawyers
|