I was arrested for a DUI, what do I do now?

With qualified legal representation, there are various DUI defense options for you including the pursuit of case dismissal, plea bargain negotiation, and trying the case in court.

How do I choose the right attorney to represent me?

Various types of lawyers work on DUI cases including public defenders, general practitioners, criminal defense lawyers, and specialist DUI attorneys.

A public defender is an attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private attorney. Most counties do not offer public defenders services unless you are unemployed or significantly under-employed.

Is it possible for me to win my case?

Yes, we will fight for you.  In California, it is not only possible to get DUI charges reduced, but in some cases we are able to get them dismissed entirely. A number of DUI defenses have proven successful in prior cases including arguing constitutional violations and challenging blood alcohol concentration measurements. We also review police reports for inconsistencies and lapses in procedure. We also request complete disclosure regarding the device used to test your blood alcohol level, the personnel involved in the maintenance and operation of the device, and the lab certification.

What are the penalties for a DUI conviction?

California DUI penalties may include:

·    Incarceration from a few days in county jail to many years in state prison

·    Probation, either formal (with a probation officer) or informal

·    Monetary damages in the form of fines, penalties, and restitution

·    Restriction, suspension or revocation of your California Driver License

·    Mandatory attendance at treatment programs

·    Car impoundment

·    Installation of ignition interlock device

·    Increase in insurance premiums

The severity of these various DUI penalties varies depending on whether this is your first DUI or whether there are prior DUI convictions.  Additionally, the circumstances of the current case will be considered.


 

Must I contact the California DMV within 10 days of my arrest?

After being arrested for a California DUI, you are facing two different proceedings – criminal charges against you in court and the hearing/s with the DMV regarding your driving privileges. You must contact the California DMV to request an Administrative Hearing within 10 days to protect your driving privileges. Temporary driver licenses issued to DUI defendants expire after 30 days, but driving privileges will be extended until a DMV hearing has been held and decision rendered.

If you win the California DMV hearing, your driving privileges will be protected until the courts render a decision.

Can I win my DMV Hearing?

Yes!  In order to restrict your California driving privilege, the DMV Hearing Officer must make three determinations:

·         Who was driving the vehicle

·         Whether the police officer had "reasonable cause" to pull over and arrest the driver (a complicated legal question)

·         Whether the driver had a blood alcohol concentration of .08 or above (which is open to many challenges)

A vigorous and knowledgeable defense possibly including expert witnesses can raise serious questions about one or more of these criteria.

What happens at court?

On your ticket, or somewhere else in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time.

At some point the judge will ask you to enter a plea to the charges. At this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights, including your right to a speedy jury trial.

If you plead guilty, the judge will likely pass sentence immediately. Depending on the charges you face, the county you are charged in, and the specific judge, this sentence will vary. Most DUI crimes entail, at minimum, some time in jail or a program that counts as jail, a drinking driver program, a substantial fine, and probation.

How long will this process take?

Unless you are willing to plead guilty at your first court hearing, a DUI defense may take several months. More complicated DUI cases can easily last six months to a year as they wind their way through the court and DMV systems. Felony DUI cases (ones involving accidents) or cases with multiple priors may well endure for several years. You will be given an estimate of the time after we review your case at your FREE initial consultation.  

How much will this cost me?

There are a number of potential costs involved with a DUI including court costs, fines, attorneys fees, expert witnesses, DUI traffic school, and increased insurance premiums.

We offer all our clients a flat fee that varies depending on the circumstances of the case. We will review your case with you at your initial consultation, which will allow you to know exactly what your attorney fees will be before retaining us.