California DUI Defense Lawyers - DUI Law and Legal Information

• California DUI and DMV Case
•  › Free DUI Case Evaluation
•  › What To Do First
•  › Elements of the Offense
•  › California Highway Patrol
•  › California DUI Investigation
•  › Chemical Testing
•  › BAC Calculator
•  › California DMV Hearing
•  › Misdemeanor DUI Case
•  › Criminal Jury Trial
•  › Criminal Court Punishment
•  › Alternative Sentencing
•  › Refusal Cases
•  › Felony DUI Case
•  › Medication Cases
•  › Drug Cases
•  › Federal DUI Case
•  › Out-of-State Drivers
•  › Drowsy Driving
•  › Post-Conviction Relief
•  › Ignition Interlock Devices
•  › Accident Investigation
•  › Accident Reconstruction
•  › Motorcycles, Boats, Planes
•  › California DUI Resources
•  

With the advent of scientific tests to determine blood alcohol concentration (BAC), enforcement regimes now include assigning criminal DUI culpability for the offense of driving while having more than a prescribed amount of alcohol in the blood or breath. Notably, this does not preclude the simultaneous criminal prosecution and conviction of the older subjective test of driving under the influence. Blood alcohol concentration is measured as grams of alcohol per 100 milliliters of blood, while breath alcohol concentration is measured as grams of alcohol per 210 liters of breath. Interestingly, the volume of an individual's lungs is almost always less than one percent of the volume to which the breath is converted for reporting purposes. Moreover, the sample chamber of DUI breath test machines measures approximately 90 cubic centimeters and is less than ten percent of the lung capacity of any human being old enough to drive an automobile.

California Highway Patrol officers zealously enforce provisions of the California Vehicle and Penal Codes, which include the laws applied to those who are suspected, arrested and charged with driving under the influence (DUI) of alcohol, medication or drugs and all related offenses. Additionally, local law enforcement officers of California cities and counties are authorized and encouraged to enforce the laws relating to driving under the influence. In fact, it is fair to say that these highly motivated California law enforcement officers and their supervisors have a zero tolerance when it comes to arresting those suspected of driving under the influence. Notably, driving while consuming an alcoholic beverage is also illegal in California. Additionally, it is also illegal in California for an open container of an alcoholic beverage to be present in the passenger compartment of an automobile.

Also part of the law enforcement team are California county prosecutors who are referred cases by county sheriff's deputies, local police and California Highway Patrol officers. A California prosecutor's primary duty is to charge and prosecute those arrested or suspected of having committed criminal offenses such as driving under the influence within the geographic boundaries of the State of California. County prosecutors are primarily responsible for prosecuting cases stemming from arrests or incidents alleged to have occurred within the geographic boundaries of the county which employs them. Similarly, federal prosecutors are responsible for prosecuting those arrested on federal property in California, such as the Presidio National Park in San Francisco or Moffett Field in Santa Clara County.

In addition to the criminal punishment of a person for driving under the influence, a local police officer, county deputy sheriff or California Highway Patrol officer will seize the driver’s license of a person arrested for DUI. This occurs when the person has a blood alcohol level (BAC) of .08% or greater or refuses to submit to a blood or breath alcohol test. In California, the suspension will begin thirty days after the arrest unless the person requests a hearing with the California Department of Motor Vehicles Driver Safety Office within ten (10) days of the arrest. The length of the suspension will depend upon whether the driver had any prior convictions within ten years of the present arrest or whether the driver arrested for DUI refused a chemical test. At a minimum, the license suspension will last for four months, but may extend to two or more years. If a person licensed to drive by another state was arrested in California, the privilege of that person to drive within the State of California will be suspended thirty days from the date of the DUI arrest. To prevent or delay the license suspension, a driver arrested for driving under the influence or driving with a blood alcohol level of .08% or greater must request a DMV hearing within ten days of the DUI arrest.

In order for a person whose driver license has been administratively suspended to regain their California driver license following a DMV suspension, the driver must enroll in a licensed DUI school, submit an SR-22 issued by an insurance company and pay a $125 license reissue fee to the California Department of Motor Vehicles. If the driver fails to complete the DUI school, the DMV will reinstitute the license suspension. The California Department of Motor Vehicles will also reinstitute the DUI license suspension if the driver fails to have their insurance company file the SR-22 form every six months for three years.

When a driver requests an SR-22 form from their insurance company, it will be known that the insured has probably suffered a DUI conviction because the most common reason the DMV requires an SR-22 filing is that a driver has been arrested or convicted of driving under the influence (DUI) or driving while intoxicated (DWI). The SR-22 filing provides a guarantee to the California Department of Motor Vehicles that an insurance company has issued at least minimum liability coverage for the driver and that the insurance company will notify the DMV should the insurance lapse for any reason.

Penalties for driving under the influence commonly include jail or community service, probation, fines, driver's license suspension or revocation, and mandatory attendance at driving under the influence schools. In some cases, a person convicted of driving under the influence will be required to install an ignition interlock device in their car which will prevent the car from being started if the driver has any measurable amount of alcohol on their breath. Notably, some jurisdictions may require a person convicted of DUI to forfeit or sell their automobile.

Accordingly, if you or someone you know is suspected, being investigated or has been arrested in California for driving under the influence or driving with a blood alcohol level at or above the legal limit, you need a highly trained California DUI attorney who specializes in defending those accused of driving under the influence in criminal courts and before the California Department of Motor Vehicles. Without such assistance, it is almost certain that a serious misdemeanor or felony DUI conviction and driver license suspension will follow.

Additionally, a person arrested or convicted of driving under the influence may suffer serious collateral consequences which can flow to non-citizens, those holding professional licenses, and those who work in specific occupations involving public trust or requiring security clearances.

In response to law enforcement and prosecutorial fervor, a small number of California attorneys and law firms specialize in defending those accused of driving under the influence or driving with a blood alcohol level at or above the legal limit before California and federal courts and the California Department of Motor Vehicles (DMV). Many well intending lawyers having no understanding whatsoever of this complicated area of the law, have sought and continue to seek to represent the uninformed public. Accordingly, it is critical that a person in need of a lawyer to represent them in a criminal DUI and California Department of Motor Vehicles DUI case ensure the attorney or law firm being considered is competent in this field.

In addition to being competent, it is important to confirm that attorney or law firm regularly takes driving under the influence cases to trial. There are law firms and attorneys in California who merely accompany a client to court to plead guilty. Additionally, it is important to confirm that the attorney or attorneys at a DUI law firm are members of professional organizations and regularly attend seminars focusing on training lawyers in the latest developments in DUI defense. Finally, it is wise for an individual considering hiring an attorney or law firm to represent them in a DUI case to actually visit the office and meet the attorneys, investigators and staff.

The attorneys and staff of this office invite you to read additional information contained on this website and welcome you to call our office, speak with and meet members of our firm.

 « Previous |