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Newport Beach DUI Lawyers

• Daniel Grupenhagen: The charge of driving under the influence, or DUI, sometimes called DWI, usually consists of two charges: VC 23152(a), and VC 23152(b). The difference between them is that one applies when driving is impaired by alcohol and/or drugs, and the other applies when driving occurs when your blood alcohol content is over .08. The similarity among them is that they both carry a maximum of $1,000 fine and/or 1 year in jail for a first offense. See the penalties outlined below for a more complete statement of DUI penalties. If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV. As of 2005, conviction for DUI is "priorable" for the next ten years. If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year. If you are caught driving while your license is suspended for a DUI in Orange County, the mandatory minimum jail term is 10 days.
• Bassiri & Associates: Dos & Don'ts: When You Get Arrested

  Dos & Don'ts: When You Get Arrested

  The Dos Do be polite and as courteous as possible to the police. Do not give them any reason to find you threatening. Do not give them the impression that you are hard to deal with or irritating. Do ask for the police officer's name and badge number, or read it off of his or her badge. Try to remember it. Try to get a good look at the officer's face so that you can identify him or her later by that method, if necessary. Do, if you are arrested in your car, show the police officer your driver's license and registration information. In other situations, such as when you are stopped while walking down the street, you cannot be arrested for the sole reason of refusing to provide information, including your name and address, to the police. Do, if you are taken into custody, demand the right to have an attorney present before speaking to the police. Do ask if you are under arrest. If you are, you have the right to be told why. Do clearly inform the police that you will not speak to them about anything without an attorney being present. Do, as soon as you can, write down everything that happened during the course of your arrest so that you can use that writing to refresh your memory at a later date. Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible. Do remember that you do not need to answer ANY question that the police ask of you. If you answer a question which at first seems harmless, be aware that it may later come back to haunt you. The Don'ts Don't offer information to the police, no matter what tactics they use. Don't assume that the police have a search warrant just because they say that they do. If they say they have a search warrant, ask to see it. Don't get into an argument with the police, no matter how hard they may try to bait you into losing your temper. Don't initiate physical contact with the police, even if you mean them no harm. Don't place your hands where the police cannot see them. Don't run away from a police officer if you see one (or more) approaching you. Running away may give the police reason to suspect that you are hiding something from them, even if you are totally innocent. Don't interfere with or obstruct the police. If you do, you can face additional criminal charges. Don't resist arrest. Even if you think you are innocent, the time to protest comes later. If you resist arrest, you may face additional charges. Don't allow the police to listen in on any telephone call that you make to your lawyer once you have been arrested. While the police may listen in on conversations to other individuals, they cannot listen to a conversation with your lawyer because it is protected by the attorney-client privilege. Don't speak to the police about anything before you attorney arrives and talks to you first. Don't provide the police with any information other than your name and address if you are arrested unless your attorney is present and approves. Don't sign anything, no matter what it is, without an attorney being present. Don't say anything if your attorney instructs that you remain silent. Let your attorney do the talking for you, no matter how hard it may be to resist the urge to speak. Don't agree to participate in a line-up without your attorney being present. Don't lie to your attorney, or to the police if you chose to talk to them.

• Michael Bruggeman: Those accused of crimes have constitutional protections not afforded in other areas of the law. These rights include the right to an attorney of the accused's choosing, the 5th Amendment privilege against self-incrimination, the right to a jury trial within a specified time, the right to see, hear and confront all the evidence presented against them, and the right to present evidence and witnesses on their own behalf. Proof beyond a reasonable doubt must be produced to convict a person of any class of crime.
• Joseph Low: 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. It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway. It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants. 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 for one year.
• Randell Monaco: If you have been arrested for DUI offense in California, you are facing very serious charges, the possibility of mandatory jail time and maybe even the loss of your driver's license. You will need an experienced and aggressive DUI defense lawyer to immediately assist you in protecting your rights and representing you in both the criminal justice system and with the DMV. These matters are difficult, but they can be successfully defended by an experienced and aggressive criminal defense lawyer.
• John Barton: The police will send various reports to the prosecutor's office. After your case is reviewed, the prosecutor will probably file at least two charges against you: Vehicle Code 23152(a), driving under the influence, and Vehicle Code 23152(b), driving with a blood alcohol of .08% or more. Although these charges are related, each is a separate misdemeanor offense and each carries a maximum penalty of 6 months in jail and a $1000.00 fine. If you have any prior convictions for DUI, the penalties are even more severe. If there was an accident and anyone was injured, the charges could be felonies [VC 23153 (a) and (b)]. The officer will confiscate your license and give you a temporary one good for 30 days. After that, the DMV will suspend your license for four months (on a first offense), one year on a second offense, no matter what happens in court. The only way to attempt to avoid this is to immediately schedule a DMV hearing. The DMV is completely separate from the courts, and there are only a few technical issues the DMV will consider. Your chances with an experienced attorney on your side are much better.