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Santa Clara, Santa Cruz, Santa Monica, Santa Rosa DUI Lawyers

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J. P. Lavallee-Santa Cruz

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How You May Be Able To Beat Your DUI

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.

Santa Cruz DUI Drunk Driving Defense Information

Search for California DUI Attorneys by County.

Santa Clara, Santa Cruz, Santa Monica, Santa Rosa DUI Lawyers

  • Santa Clara
    • Dennis Lempert: Being convicted for driving under the influence of alcohol and / or drugs has significant impact on the accused. Immediate loss of license, impounding of your vehicle, substantial increase in insurance rates, jail and court fines.
  • Santa Cruz
    • J. P. Lavallee:     Using the evidence that has been gathered, at the scene and at the police station, the District Attorney is building a case against you. You are now a defendant in a criminal trial. Words like "felony", "misdemeanor", "arraignment", "trial" may now relate directly to your life! Just because you are arrested and accused, you are not a criminal.     But you must defend yourself.
    • Paul Sanford: If you have been arrested for DUI in California, you will be prosecuted twice - by the DMV which will try to suspend your license and by the District Attorney for the criminal case in Superior Court. The fact that you were arrested does not mean that you are guilty of a crime. Even if the evidence against you appears to be strong, an experienced DUI attorney can often make a major difference in the outcome of your case, both in court and with the DMV. Being represented by an aggressive, professional attorney is the best way to ensure that you will be treated fairly by the system. If you hire an attorney, you will probably never have to appear in court. The potential penalties for even a first DUI conviction are extremely harsh, including jail time, heavy fines, probation and driver's license suspension. It is never a good idea to plead guilty at the first court appearance. Please note that jail time is not always mandatory. Alternative sentencing options, such as community service, treatment programs and home confinement, are often available. An experienced DUI attorney can often convince the judge and the D.A. that the imposition of a jail sentence would benefit neither you nor society. You wouldn't allow a divorce lawyer to prepare your will, would you? Hiring an attorney who is not knowledgeable and experienced in the complexities of DUI/DMV law is a major mistake. Only an experienced DUI/DMV attorney can best protect your legal rights.
    • Mary Conn: Do I have to submit to a breath, blood, or urine test? No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will take the test.
    • Donald Kelly: If you have been stopped for drunk driving, or driving under the influence, your driver's license may be at risk.  You need to act quickly to preserve your driving privileges.  Department of Motor Vehicle (DMV) rules state that if you do not request a hearing to contest the loss of your driver's license within ten days, your license will be gone.
    • Benjamin Rice: Unfortunately, the way our laws are going, even if you have had only small amount of alcohol and you are not impaired, as long as you smell like alcohol, your chances of being arrested are very high. However, being arreseted for DUI does not automatically result in a conviction or loss of your drivers license. Protect your rights and save your license.
    • John Thornton: 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.
  • Santa Monica
    • Cliff Nichols: ... people who are accused of a crime are worried about losing their driving privilege, their employment or even their freedom.
    • Susanne Griffin: When choosing an attorney, the most important factors are competence, legal expertise, experience and dedication to the client. In addition, an attorney should be empathetic, involved, must care about the clients problem.
    • Jeff Voll: The DMV hearing is a very technical hearing. The DMV reviews only limited issues and they are difficult for non-attorneys to understand. The hearing officers, who are not attorneys and who feel it is their purpose to keep you off the road, will not be sympathetic to you because they view anyone who drinks and drives as a menace. Therefore, it is essential for you to have an attorney at a DMV hearing to properly defend your rights.
    • Devitt & Chelburg: Unlike other criminal charges, people charged with drunk driving often think they must plead guilty just because the "breathalyzer" read a certain blood alcohol level. This is not true
    • Steven Mandell: Every year approximately 250,000 people in California get arrested for driving under the influence of alcohol (DUI). The arrest is usually terrifying, bewildering, humiliating and obnoxious. But it is just the beginning of a dizzying series of procedures which will unfold over the next two to six months, carrying with it an astounding number of consequences and penalties. The consequences of the arrest begin almost immediately. At the time of the arrest, the police officer will take your driver's license and give you a suspension notice and a temporary license.
    • Cron, Israels & Stark: ...individuals and families confronting drunk driving charges in California are probably feeling angry, confused, and frightened about what has happened. Those feelings are natural because the consequences of a drunk driving conviction in California are serious. Potential sanctions include:

      • Alcohol highway safety school
      • Arrest and alcohol treatment costs
      • Cancellation of insurance
      • Community service
      • Criminal record
      • Fines and forfeitures
      • Increased insurance rates
      • Jail time
      • Job loss
      • Prison sentence
      • Probation
      • Suspension or loss of driver's license
      • Vehicle forfeiture or loss

      While the DUI-DWI arrest results in criminal charges and potential penalties listed above, most drivers do not realize that a drunk driving arrest also initiates a civil proceeding against their driving privileges, which is 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.

  • Santa Rosa
    • Steve Spiegelman: State and federal procedures in a criminal trial must protect a defendant's due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant's due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.
    • Richard Sax: A conviction on DUI or 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.
    • Ray Estabrook: If you are stopped for driving under the influence, you are legally required to show your driver's license, car registration, and proof of insurance.
    • John Thompson: Just because you failed a sobriety test does not mean you will be convicted of a DUI. With proper representation you can avoid DUI convictions or minimize the negative effects a DUI can have on your life.
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