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
should you hire an attorney?
- Save driving privileges
- Reduce fines
- Reduce charges
- Avoid Jail or prison
- Avoid public work service
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
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.
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.
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.
Loss of job, if driving is necessary for employment
Increased insurance premiums—can increase 2 to 3 times.
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.