DUI Legal help

You only have 10 days to request a DMV hearing after your arrest

Therefore, it is extremely important that you consult an experienced attorney after your arrest, so that immediate steps can be taken to preserve your right to a DMV hearing and to prepare a defense against DUI charges.

WHY should you hire an attorney?

• Save driving privileges
• Reduce fines
• Reduce charges
• Avoid Jail or prison
• Avoid public work service

How can the DUI attorney help?
An experienced attorney can do many things to challenge and disprove the evidence against drivers facing DUI charges such as drunk driving and car accidents.

1. Review the calibration and maintenance records of the machine. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, every time, is like believing your car will never break down. Machines don’t always work properly.
2. File pretrial motions to suppress the evidence. These motions, when argued successfully, almost always result in the DUI case being dismissed.
3. Retest the blood by a private lab.
4. Hire an analyst to determine if the driver’s blood alcohol concentration (BAC) was rising. This defense may prove that the driver’s blood was actually less than California’s .08 % limit, at the time of driving.
5. Photograph the scene the arrest. This may be helpful in showing that the ground was not level when the driver was performing the field coordination tests.
6. Effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.

What can the attorney do?
The attorney can represent the driver in COURT. The goal should always be to get either a reduced charge in a plea bargain, or take the case to trial. Of course, the client always makes the final decision whether to accept the plea bargain or not.
The attorney can also represent the driver at the DMV. In California, a driver will suffer a period of suspension for at least 30 days, and possibly more. Only an understanding of the law, and administrative procedure, will adequately defend the driver with the DMV.

DMV Consequences
Loss of driving privilege at least 30 days. There is no “drive to work” license for the period of suspension. A DMV suspension allows no driving for any purpose. A qualified attorney can represent you before the Department of Motor Vehicles to fight the suspension.

OTHER Consequences
Loss of job, if driving is necessary for employment
Increased insurance premiums—can increase 2 to 3 times.

DRIVING UNDER THE INFLUENCE (DUI) DEFINED by California state law:
California Vehicle Code §23152 (a)—It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
California Vehicle Code §23152 (b)—It is unlawful for any person who has a 0.08 percent or more by weight, of alcohol in his or her blood to drive a vehicle.
"UNDER THE INFLUENCE"—A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.