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Santa Ana DUI Lawyers

• Wilson & Associates: CRIMINAL DEFENSE Previous Page | Home Guilty? Not guilty? Felony? Misdemeanor? Not sure? What to do if the state unleashes its awsome power against you in a prosecution for DUI or any other crime, whether you're guilty or not: KEEP QUIET! You have a constitutional right to remain silent, so don't talk to the police or anyone else other than your attorney.
• Joseph Smith: When your rights and future are at stake, you need the very best, aggressive representation you can find. You have no time to waste since time is of the essence. Finding someone who knows the law from both sides is an important benefit when it comes to legal issues.
• Glew & Kim:

  TO PROTECT YOUR RIGHTS YOU MUST KNOW YOUR RIGHTS

  1. You have the right to remain silent- USE IT!

  2. The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4^th amendment rights. This gives the police the discretion to invade your privacy.

  3. You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.

  4. You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas.

  5. You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.

• Will Bruzzo: Driving under the influence charges (DUI) can be filed as a misdemeanor or felony. If the case involves serious injury to a person or the client is charged with a fourth misdemeanor conviction within 7 years of three previous convictions then the fourth case can be filed as a felony. A person can be charged with the crime of DUI if they have a 0.08 blood alcohol level in their system OR if they have any amount of alcohol in their system and it effects their driving. In addition, a person can be charged with driving under the influence even if no alcohol is present but they have ingested some other mind-altering substance to include prescription drugs. Defenses to DUI charges include: a bad stop, meaning the police officer did not have a good reason to initiate contact with the client; the arrest was unlawful or lacked probable cause; the client burped, vomited or regurgitated prior to giving a breathe test; there is a chain of custody issue with a blood sample; the blood sample was somehow compromised and other defenses. The client can choose either a blood or breathe test or can choose to take both. A urine test is no longer an option.
• Lewis Crouse: 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 states which characterize a DUI conviction as a crime of violence have been subjected to automatic deportation, even if they have been legally residing in the U.S. for years. However, the U.S. Supreme Court recently barred deportation of an alien convicted of DUI pursuant to the aforementioned INA provision. In November 2004, the Court held in Leocal v. Ashcroft that state DUI offenses that do not require proof of any mental state, or require only a showing that an individual acted negligently in operating the vehicle, are not crimes of violence for purposes of expedited alien deportation.  
• Gilbert & Marlowe: Depending on whether the defendant is granted probation, restitution has two, possibly three, purposes: To rehabilitate the defendant If probation is conditioned on payment of restitution to the victim, the primary purpose is rehabilitation To compensate the victim If the defendant is merely required to pay restitution, the purpose of restitution is to compensate the victim for any loss resulting from the crime (usually in fraud cases) To eliminate the need for a civil proceeding Restitution helps the victim avoid the cost of pursuing a lawsuit in a civil court for damages related to the crime.
• Paula Drake: Be sure to call within 10 days of the arrest date in order to stay the automatic license suspension and to schedule and hearing to save your license.
• Will Bruzzo: There are several different occasions when a DMV hearing may occur but the most common event is as a result of the driver being stopped for driving with a blood alcohol level of 0.08 or above.
• Ricardo Nichol: 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.
• Rizio & Nelson: Whether or not you hire an attorney, you MUST request an Administrative Per Se hearing from the DMV within 10 days from the date of your DUI and request a "stay" on your license, or you will lose your driving privileges for up to 6 months. Once a hearing is set, your license will automatically be stayed (which means the suspension will stop) pending the outcome of your hearing. You must request this hearing in order to contest the suspension of your license. This hearing is SEPARATE from the court date you received on your citation. A commercial driver's license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or class B driver's license.
• Perez & Perez: Consequences of a DUI can be harsh:
   
  • Custody time in jail for first-time misdemeanor and up to 3 years in state prison for a felony DUI.
  • Formal or Informal Probation
  • Ignition Interlock Device on your vehicle
  • Fines from $1,200 - $2,500.
  • DUI alcohol programs
  • Vehicle impoundment or permanent vehicle forfeiture
  • Driver's license: suspension, restriction or revocation.
  • Auto insurance increase or cancelled.
  • Require an SR-22 with the DMV
    PLEASE CALL THE DMV WITHIN 10 DAYS OF ARREST TO STOP THE AUTOMATIC DRIVERS LICENSE SUSPENSION!
• John Montano: If you have been arrested for Driving Under the Influence of Alcohol or Drugs, you must request a D.M.V. hearing within 10 days of your arrest. 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.
• David Beresford: DUI Penalties
• Hartmann & Miller: If you are charged with a crime, or drunk driving, or have a juvenile case, you are best served by an attorney specializing in that field. Other attorneys who do not specialize in these areas may miss an opportunity to help you.
• Fakhimi & Associates: One of the more complicated and often overlooked areas of law is the driving under the influence field. Those accused of operating a vehicle under the influence of either alcohol or a drug can not only loose their freedom, and be fined, in addition, the Department of Motor Vehicles can revoke or restrict their driving privileges. That is why it is imperative to contact an attorney and seek her/his help immediately after arrest. Remember: you have only ten days to request a hearing with the DMV, which may save your license.
• Michael Sheldon: One of the most frequently charged crimes these days is driving under the influence. The ramifications from an instance of bad judgement can mean Jail, huge fines, and a drivers license suspension. Cases involving prior convictions or accidents with injuries are treated even more severely.