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Search for California DUI Attorneys by County.

Oakland, Ojai, Orange, Palm Desert, Palo Alto, Pasadena DUI Lawyers

  • Oakland
    • Traback & Dubois:

      Some of the automatic penalties associated with a DUI include:

      • First DUI – Four months to one-year loss of driver’s license
      • Second DUI – One to two year loss of driver’s license
      • Third DUI – Three-year loss of driver’s license

      The maximum penalties for first time DUI offenders include:

      • Up to six months in jail – 48-hour minimum
      • $1,500 fine and penalties
      • 16-week drinking driver program
      • 3-5 years probation
      • 2 points on your driving record
    • Lawrence Ward:

      When someone is arrested by the police, a specific series of events follows.  The police must follow legal procedures during the actual arrest process, and at many other stages along the way to actually placing a suspect in jail. 

      • An arrest occurs when police take you into custody and is complete the moment you, as the suspect, are no longer free to walk away from the arresting officer.
      • In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona , that individuals who are under arrest for suspicion of having committed a crime have certain rights that must be explained to them before any questioning may occur.  The rights are designed to protect your right to be free from self-incrimination under the Fifth Amendment to the U.S. Constitution. There are five different rights, known as the “ Miranda Rights ”:            
      1.       You have the right to remain silent and to refuse to answer questions.
      2.       Anything you do say may be used against you in a court of law.
      3.       You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
      4.       If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
      5.       If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

      Note :  Miranda rights must only be read when an individual is in police custody and is under interrogation.  Therefore, if the police stop you to give you a traffic ticket, and you start explaining to them why you were speeding, you cannot later protest that you were not read your Miranda rights.  While the police may have been “interrogating” you in a certain sense, you were not in police custody.

    • Daniel Horowitz: You deserve a lawyer who can deliver in the courtroom.
    • Kristina Kliszewski: Drunk Driving: Traffic violations have serious criminal consequences especially when a driver is accused of drunk driving or driving under the influence. A DUI conviction my result in fines, driveršs license suspension, and possibly jail time. Also, your insurance company my increase your rates to an unmanageable level. In defending against a DUI charge, you have many rights as a criminal defendant, including the right to cross-examination the witnesses against you (even police officers).
    • Byers, Bell & Warrick: Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
    • David Bryden: The officer will ask you to get out of the car and take a few routine tests. Tell the officer that you would like to cooperate, however, a lawyer has instructed you not to take any field sobriety tests. The officer may threaten to arrest you if you do no. IGNORE THE THREAT. There is probably less reason to take you into custody before taking the field test then after taking the field test. Many police have developed routines to make you look drunk and fail the test. If arrested you must take a blood, urine, or breath test at the police station, you do not need to take a field sobriety test.
  • Ojai
    • Blatz, Pyfrom & Associates: The law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized and the officer will issue you a temporary driver's license and as your notice of suspension. However, you may request a review of the driver's license suspension by the department of motor vehicles within 10 days following your arrest. It is very important that a review is requested because many times we are able to save your license for you.
  • Orange (County)
    • John Brower: In recent years, California has experienced sharp declines in vehicular accidents involving drinking and driving. Many attribute this to the statešs laws that apply to driving under the influence (DUI), which are some of the strictest in the nation. The California Vehicle Code includes two basic drunk-driving laws, sections 23152(a) and 23152(b). Under the first, it is a misdemeanor to drive under the influence of alcohol and/or drugs. Under the second, it is a misdemeanor to drive with .08% or more of alcohol in your blood. The law provides that a defendant Driving under the influence is both a criminal and civil matter. Drivers caught with alcohol levels in their blood or breath that exceed legal levels, or those who refuse to take (and complete) a chemical test, are dealt with in two ways: First, they are prosecuted for the criminal offense of DUI or refusal. Criminal penalties can include jail and prison, fines, treatment, probation and license suspension. Second, they are subject to licensing action by the Department of Motor Vehicles. One result of the continued toughening of California's DUI laws is that they have become increasingly complex ­ a good reason for you to contact the Law Offices of Ronald G. Brower if you or a loved one is accused of violations under this code. An even better reason is the success rate wešve enjoyed with our aggressive defense of individuals charged under Californiašs drunk-driving statutes.
    • Jake Brower: In recent years, California has experienced sharp declines in vehicular accidents involving drinking and driving. Many attribute this to the statešs laws that apply to driving under the influence (DUI), which are some of the strictest in the nation. The California Vehicle Code includes two basic drunk-driving laws, sections 23152(a) and 23152(b). Under the first, it is a misdemeanor to drive under the influence of alcohol and/or drugs. Under the second, it is a misdemeanor to drive with .08% or more of alcohol in your blood. The law provides that a defendant Driving under the influence is both a criminal and civil matter. Drivers caught with alcohol levels in their blood or breath that exceed legal levels, or those who refuse to take (and complete) a chemical test, are dealt with in two ways: First, they are prosecuted for the criminal offense of DUI or refusal. Criminal penalties can include jail and prison, fines, treatment, probation and license suspension. Second, they are subject to licensing action by the Department of Motor Vehicles.
    • Daryl Thompson: A DUI arrest can happen to anyone.
    • Joshua Stein: DUI and other suspension hearing sometimes require quick response on your part, so that you many obtain a right to a hearing, regarding the possible suspension of your license. This is mandatory under DUI and other alcohol and drug related cases.
    • Ronald Brower: In recent years, California has experienced sharp declines in vehicular accidents involving drinking and driving. Many attribute this to the statešs laws that apply to driving under the influence (DUI), which are some of the strictest in the nation. The California Vehicle Code includes two basic drunk-driving laws, sections 23152(a) and 23152(b). Under the first, it is a misdemeanor to drive under the influence of alcohol and/or drugs. Under the second, it is a misdemeanor to drive with .08% or more of alcohol in your blood. The law provides that a defendant Driving under the influence is both a criminal and civil matter. Drivers caught with alcohol levels in their blood or breath that exceed legal levels, or those who refuse to take (and complete) a chemical test, are dealt with in two ways: First, they are prosecuted for the criminal offense of DUI or refusal. Criminal penalties can include jail and prison, fines, treatment, probation and license suspension. Second, they are subject to licensing action by the Department of Motor Vehicles.
  • Palm Desert
      Dale Gribow:
      10 THINGS TO KNOW ABOUT A DUI:
      1. To save your California drivers license or privileges, you must request a DMV hearing within 10 days.
      2. The 10 day time limit begins running from the issuance date of the order of suspension/temporary drivers license endorsement: i.e. administrative per se form.
      3. The administrative per se/order of suspension/temporary drivers license endorsement is the 8x10 piece of paper that the officer gave you when he took your license. It is a white or pink DMV form PS360 that gives you the right to drive for 30 days before your license is suspended for 4 months.
      4. Even if the officer did not snatch your license under the stop and snatch law and give you this form, DMV will probably automatically take action against your drivers license.
      5. If you are from another state and the officer did not take your license, that state may also take action against your drivers license.
      6. This temporary drivers license endorsement is good for only 30 days from the issue date. (If the DMV hearing is requested within 10 days, your driving privileges will be extended, there will be a delay of any suspension until the outcome of your DMV hearing).
      7. Please note that a driving under the influence creates 2 separate proceedings that you must address. One is the court date and the other is the DMV hearing. The outcome of one does not necessarily affect the other.
      8. There are only 3 issues at the hearing if you completed a blood or breath test. They are set forth on the back of the DMV paper. The main issue is if the officer had probable cause to stop or contact you and whether the chemical test is beatable.
      9. The DMV has the burden of proof on all 3 issues and they must win all 3 issues to take your license away. However, the DMV does not use the same rules of evidence as the courts and usually wins 98% of these cases.
      10. At a DMV hearing, your attorney has to knock out one DMV issue to save your license and for you to avoid any reissue fee and/or proof of insurance (SR22 filing).
  • Palo Alto
    • Evans Prieston: Hiring the right lawyer promptly makes a huge difference in criminal cases. An attorney is an important investment in protecting your rights. Of course, you need a lawyer if you plan to try your case. But even if you do not plan on taking your case to trial you still need an experienced criminal defense lawyer to help you.
    • Harvey Ziff: If you are charged with a crime, whether in state or federal court, the government will work hard to convict you. You need an attorney who will work hard to defend you.
  • Pasadena
    • Paul Geller: Driving Under the Influence (DUI) charges consists of three basic charges: Driving Under the Influence of Drugs and/or Alcohol, Driving Under the Influence with greater than a .08 BAC, DUI causing injuries. Of course, there are tools that the prosecutors use to enhance the penalties, such as having a BAC over .20, driving recklessly, refusing to provide a blood or breath sample, causing injuries to multiple victims, etc. Whatever the case may be, your driver's license can be restricted, suspended, or even revoked, notwithstanding the fact that you could be looking at jail or prison time as well as large fines.
    • Matthew Cargal: 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.
    • Tom Medrano: Retain an experienced DUI defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.
    • Criminal Defense Group: These are some of the things that we will investigate
      • Should the evidence against you be suppressed?
      • Did the police lawfully stop you?
      • Was the officer justified in forcing you to perform the field sobriety test?
      • Did the officer conduct his investigation according to law enforcement guidelines?
      • After his investigation, was the officer justified in arresting you?
      • If you submitted to a blood, breath, or urine test, did the officer correctly inform you of your rights before doing so?
      • Can the law enforcement agency prove that the chemical testing device was accurate and working properly at the time of arrest?
      • Even if your blood alcohol level was greater than the legal limit at the time of the chemical test, was it greater than the legal limit while you were actually driving your car?
      • Were you legally under the influence of alcohol while your were actually driving you car?
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