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Michael Grodsky

How to Handle Your DUI Arrest

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 ­ 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.

Los Angeles DUI Lawyers

  • Mark Beallo: A criminal defendant has a right to represent himself or herself during criminal proceedings. Self-representation is a right afforded in both state and federal criminal proceedings. The right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.
  • Deep Goswami: In California you begin by being charged with Driving Under the Influence. Depending on the facts of the case, your goal is to get the DUI case reduced down to a lesser offense. The most important aspect of getting your DUI case reduced is whether or not the reduced charge is priorable in the future as a DUI. A DUI and Wet Reckless will be looked at in the future as prior convictions to enhance the punishment should you get another DUI or Wet Reckless. A Dry Reckless or an Exhibition of Speed charge is not priorable as a DUI and is what you should aim for in terms of reducing your DUI case.
  • William Grayson: If you are charged with any DUI crime, you will need an aggressive and experienced criminal defense lawyer to defend you.
  • Tony Seyfi: My Breath Test showed I was over the limit. Should I go ahead and plead guilty to D.U.I.? No. Your attorney may obtain the breath machine calibration records and results. Your blood alcohol content may turn out to be below the legal limit or on the border line considering the margin of error and the calibration errors, because the machine used may not have been properly functioning at the time your test was given or analyzed. You may need the services of a forensic toxicologist to show contradict the breath tests.
  • Robert Hale: Can I refuse a Breathalyzer test? A: Although the answer can vary by state, in many cases such a refusal is itself a criminal violation subject to stiff penalties. In addition, if the case against you is proven anyhow, the penalties for the refusal may be above and beyond those for the drunk driving itself.
  • Guzin & Steier: DUI Conviction Is Not a Crime of Violence for Purposes of Alien Deportation The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an "aggravated felony," which can include "a crime of violence for which the term of imprisonment [is] at least one year." In line with this provision, aliens convicted of driving under the influence of alcohol (DUI) in More... DUI Laws in Every State and the Consequences of DUI Conviction Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating More...
  • Jerry Fernandez: Generally, higher BAC levels cause eye jerking at smaller angles. Law enforcement officers look for three specific HGN signs in both eyes of a DUI suspect, scoring each clue and using the total score as an indicator of impairment. Common HGN signs include: Lack of Smooth Pursuit jerky eye movements as eye tries to keep on target with a moving stimulus Distinct Nystagmus at Maximum Deviation eye appears to quickly bounce back and forth for at least four seconds at extreme lateral gaze Onset Prior to 45 Degree Gaze Angle jerking is distinct and continuous at an angle of gaze prior to extreme lateral gaze Because it measures BAC levels based on an involuntary physiological response, the HGN test has proven to be the most accurate individual component of the SFST battery for detecting BAC levels between .08% and .12%. In contrast, many DUI suspects are able to perform the WAT and OLS tests (both physical agility exercises) acceptably even when impaired. Based in part on the accuracy of scientific tests as opposed to physical agility exercises, the NHTSA recently added the Vertical Gaze Nystagmus (VGN) test to the SFST protocol. VGN occurs at maximum deviation of the eyes upward and indicates high BAC levels.
  • Todd Melnick: Prior convictions for DUI can be obtained from a variety of sources. Agencies that may have information on an individual's prior charges and convictions include: Prosecutors' Offices Law Enforcement Agencies Departments of Motor Vehicles County and Municipal Courts Probation and Corrections Offices Newspaper Archives As these agencies may have access to a DUI defendant's driving record and/or criminal history, prosecutors seeking to enhance a new charge can search the records maintained by such agencies to discover evidence of any prior convictions. However, even if a prosecutor determines that a prior conviction exists based on information obtained from one of these agencies, the records may not be sufficient for use in court.
  • Marc Legget: Evidence of a criminal defendant's prior crimes or convictions may be relevant in a proceeding for a subsequent offense. Notwithstanding the relevance of such evidence, the Federal Rules of Evidence (FRE) generally prohibits the use of evidence of prior crimes to prove the character of the person against whom it is introduced. Specifically, FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs, or acts...in order to show action in conformity therewith."
  • Sean Tabibian: If you or someone you know has been accused or arrested, you will need an aggressive, experienced, and knowledgable diverse team on your side.
  • Chris Masjedi: To preserve your right to drive in California, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days, or else the DMV must issue a stay of the suspension, so you will be able to continue driving pending the hearing. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.
  • Neil Shouse: The three most common DUI charges in California fall under the following statutes: Vehicle Code 23152(a) - Driving under the influence of either alcohol or drugs. This section of the law does not require a minimum blood alcohol concentration. You may be "under the influence" even if your blood alcohol concentration is the below .08 threshold for section (b) below. Vehicle Code 23152(b) - Driving with a blood alcohol concentration (BAC) of .08 or above. Vehicle Code 23153(a) - Driving under the influence causing injury. This offense is a felony, but can also be charged as a misdemeanor under Vehicle Code 23554.
  • Marty O'Toole: Of all of the field sobriety tests used by police officers to determine a driver's level of intoxication in DUI arrests, the Horizontal Gaze Nystagmus (HGN) test is the most popular among law enforcement officers for effectively determining evidence of a driver's blood-alcohol concentration (BAC). HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.
  • Caree Harper: In order to conduct DUI checkpoints within the limits of the Fourth Amendment, law enforcement officers should operate stops in a manner minimally intrusive on the rights of motorists. Some of the characteristics of a constitutionally permissible DUI sobriety checkpoint might include: Checkpoint locations determined by commanders or first-line supervisors Advance publicity of the checkpoint Warning signs placed along the highway to notify motorists Adequate lighting Ample room to conduct the stop at a safe location Officers in full uniform and readily identifiable
  • Raynor & Dove: Convictions and arrests can be an embarrassment and may limit options in a career, employment or education. Many state laws give persons with arrest and conviction records a remedy they may be removed or "expunged" if certain legal requirements are met.
  • Stephen Rodriguez: So much is at stake in a DUI (Driving Under the Influence) case, including loss of your driving privileges, substantial fines, and even significant jail time. It is important to hire an experienced criminal defense attorney who has handled many DUI and DWI (Driving While Intoxicated) cases in California, and who will guide you through the legal maze of the California criminal justice system and Department of Motor Vehicles (DMV).
  • Wager Law: You may be arrested for an alleged violation of civil or criminal law. A criminal arrest is most often accomplished by presenting an arrest warrant but any one can exercise their right to make a "citizen's arrest" without a warrant if they witness you committing an alleged felony. Please note that you have the right to immediate counsel regardless of the circumstances surrounding your arrest.
  • Samudrala Law Offices: A misdemeanor refers to a charge where no injury or property damage is involved. The penalty for a misdemeanor is up to six months in jail. Alternately, a felony may be charged when the suspect been arrested for a criminal offense with injury. The penalty for a felony is at least one year in a state prison. Felony arrests must be based upon probable cause, or, in other words, whether or not there is sufficient evidence to support the charges against the defendant. Since no guideline or test exists to define probable cause, the police must rely on what they think is good information. In addition, if little or no serious injury is involved, the prosecutor can charge the offense as a misdemeanor instead of a felony.
  • RK Law Group:

    Drunk Driving In California

    A drunk driving conviction in California, which is sometimes referred to as driving under the influence (DUI) or driving while intoxicated (DWI), affects a person and his or her family in a number of different ways including:

    • Ability to obtain financial aid if your are a student
    • Alcohol assessment and treatment
    • Community service and probation
    • Criminal record
    • Fines and increased insurance rates
    • Job loss
    • Mandatory jail or prison sentence
    • Suspension or revocation of driver license
    • Vehicle immobilization or forfeiture

    DMV LICENSE SUSPENSIONS

    In almost every DUI-DWI case, a driver has two cases to contend with. A DUI-DWI arrest results in both criminal charges and a civil proceeding against the arrested driver'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 or she either refuses to submit to breath or blood testing, or fails a breath or blood test. Issues involved in a DMV license suspension hearing include:

    • Whether the police had reasonable suspicion to stop the driver
    • Whether the police had probable cause to arrest the driver for drunk driving
    • Whether the police complied with California implied consent law
    • Whether the driver refused to provide a specimen of blood or breath, or failed a breath or blood test
  • Craig Miriam: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses -- but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
  • Hoffman & Associates: One of the most common mistakes made is driving a car after consuming too much alcohol. The law sets a numeric standard and makes it illegal to drive when your blood alcohol level (SAC) is .08 or over. It also looks more at this number than guessing at an individual¹s level of impairment.
  • Mobasseri & Namvar: runk driving, or DUI, is one of the most serious traffic offenses you can be charged with. A DUI conviction can result in more serious consequences than most other traffic offenses. If you are convicted of DUI, some of the consequences you could be facing include: € Large Fines € Loss of Your Driver¹s License € Court Costs € Court-Ordered Alcohol Treatment € Probation € Jail Time A DUI charge must be taken seriously and you must be defended seriously.
  • Jon Artz: 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.
  • Michael Grodsky: Although the machinery used for breath-alcohol measurement is quite accurate in a laboratory environment, your test was likely done in a police station rather than a lab. The responsible official was some cop, not a lab assistant. Often the cops don't remember just how the machine works.
  • Jonathan Kelman: If you have been charged with driving under the influence in the State of California you may face stiff fines and penalties including license suspension and jail. You need to seek the advice of an experienced and aggressive criminal attorney immediately. The Law Offices of Jonathan I. Kelman can provide you with the knowledge and experience that is crucial in your defense against DUI charges.
  • Lee, Kim, Porta & Fields: DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
  • Los Angeles Criminal Defense: Chances are you came into contact with the police in one of three ways: by being pulled over, sobriety checkpoints, or in response to an accident. Whether you know it or not, you were asked incriminating questions, probably without your Miranda rights advisement and without any right to consult with an attorney. You were "asked" to do a series of "field sobriety tests" under emotionally stressfull conditions. These field "sobriety" tests are nearly impossible for most to pass while sober. You may have been given a hand-held "PAS" (preliminary alcohol screening) breath test. You probably didn't know that the officer probably did not read the advisement that you dont have to take that test (unless you are under 21). After your arrest, you were then required to submit to breath or blood testing, usually at the police station, again, without any right to speak with an attorney. Contrary to popular belief, the breath machines used by the police are inaccurate and highly unreliable, and many officers administering them are unfamiliar with proper procedures. If you refuse, or if the police feel you are not cooperating to the officers satisfaction, blood can be forceably drawn. Whether blood is drawn or not, a refusal will trigger a mandatory jail sentence and a one-year license suspension. If the breath test is over .08%, or if there is a blood sample withdrawn or a refusal reported, the police will confiscate the suspect's license and issue him a notice of suspension and 30-day temporary license (the 8 1/2 x 11 pink paper).
  • Lewin & Associates: WARNING! IF YOU DON'T ACT QUICKLY, YOUR DRIVER'S LICENSE MAY BE TAKEN AWAY FROM YOU If you have been arrested for Drunk Driving, you MUST request a D.M.V. hearing within 10 days of your arrest to contest any suspension of your license. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked 30 days after your arrest. When you are arrested for a DUI, there are really TWO SEPARATE CASES being prosecuted against you, and two cases that you have to defend: 1. The D.M.V. case, where your driver's license can be taken away and suspended; and 2. The criminal case, where the result can be probation, jail, fines, alcohol education classes, an ignition interlock device being installed in your car, community service, Cal-Trans, vehicle impound, increased automobile insurance, depending upon the facts of your case. BOTH OF THESE CASES CAN BE SUCCESSFULLY DEFENDED BY AN EXPERIENCED, KNOWLEDGEABLE DEFENSE ATTORNEY! DUI cases are unique. To successfully defend these cases, the attorney you hire must be experienced in fighting the D.M.V. Administrative Per Se hearings, and must thoroughly know DUI law. We have successfully handled hundreds of DUI's and D.M.V. hearings! To learn more about DUI law and how we can help you, you may click on all of the links on the left side of this page under the DUI/Drunk Driving heading.
  • Fay Arfa:

    YOUR CONSTITUTIONAL RIGHTS

    Right To An Attorney

    You have the right to be represented by an attorney throughout all criminal proceedings.

    Right To A Jury Trial

    You have the right to a speedy, public jury trial. At the trial, you would be presumed innocent, and you could not be convicted unless 12 impartial jurors were convinced of your guilt beyond a reasonable doubt.

    Right To Confront Witnesses

    You have the right to confront and cross-examine all witnesses testifying against you.

    Right Against Self-Incrimination

    You have the right to remain silent and not incriminate yourself and the right to testify on your own behalf.

    Right To Produce Evidence

    You have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to you at no cost.

  • Myles L. Berman: Being arrested for "Driving Under the Influence" doesn't have to be a devastating experience.
  • Takakjian, Sowers & Sitkoff: Not seeking the advice of experienced attorneys could lead you to make a costly mistake.
  • William Kroger: A DUI is both a criminal offense and a civil matter. When a driver is caught with illegally high alcohol levels in their blood or breath or if he refuses to take a chemical test, he will be prosecuted in court for the criminal offense of DUI or refusal. A DUI also subjects the offender to licensing action by the DMV for the civil offenses of driving in excess of the fixed alcohol limit or refusing a chemical test.
  • James D. Clark: Your driving privileges are at stake. Your license could be suspended or revoked. Time is important. You need to know where you stand.
  • Diamond, Burt & Akhkashian: if you wish to challenge the reason for being stopped, the accuracy of the blood or breath test, or even other circumstances involved, an attorney is essential.
  • Sun Han: Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 7 years from the violation date and are designated as 2 points.
  • Ledger & Associates: The government enjoys many advantages in any criminal prosecution - not the least of which is virtually unlimited resources in money and manpower. When the government arrests one of its citizens, the experience can be terrifying. The vast majority of DUI defendants are not "criminals"; rather, they are ordinary hard working and law-abiding citizens caught up in the criminal justice system.
  • Jonas & Driscol: DUI Penalties
  • Lawrence Wolf: Crimes due to drug and alcohol abuse may need more than just legal answers.
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