Los Angeles DUI Lawyer Blog

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

After being a Traffic Court Attorney and DMV specialist for over 30 years, I am regularly consulted by potential clients after they have received a letter from the Department of Motor Vehicles notifying them that their driving privileges will be suspended due to excessive violations. This resulting in an excessive point count hitting their driving record resulting in a license suspension.

DMV law provides for a six-month suspension which essentially means no driving at all for those drivers pleading guilty to or been convicted of infraction violations which add up to four points within a 12 month period or six points within a 24 month period of driving.

Typical moving violations are one point each if they are an infraction. Misdemeanor violations like driving under the influence carry with it two points. Also violations like misdemeanor hit-and-run also carry two points.

California licensed drivers are entitled to a hearing in front of the Department of Motor Vehicles to contest the suspension of their driving privilege. It is crucial to realize that once the DMV has sent a driver a notice of an impending suspension that they only have 14 days to respond. The time starts to run, not from the receipt of the notice, but from the mailing date on the DMV letter. The purpose of this request is to contest the suspension from taking place. Unless a written or telephonic request is received by the DMV within 14 days from the date of mailing , the driver is not entitled to a hearing and essentially waives his right to contest a six-month suspension of their driving privilege.

At a negligent Driver Hearing, a representative of the DMV called a hearing officer (who is not an attorney, but an employee of the DMV) will examine the driving record and carefully review the source of each violation or point counts received which is the basis for the impending suspension. Patterns of violations and poor driving, like excessive speeding or other violations cause great concern to the DMV, that continued poor and unsafe driving creates hazards to all other drivers on the road.

Considering the critical need for most people living in Los Angeles, or surrounding counties to have a driving privilege, and the importance of this decision it would seem advisable to immediatley seek the counsel and advice of an experienced traffic Court attorney. Experienced legal counsel can assist you in avoiding a six-month suspension of your drivers license by presenting sufficient facts and evidence to the DMV of your rehabilitation, excessive miles driven, and change in attitude about the importance of obeying all of the traffic laws and not receiving any further violations.

Another very effective strategy our firm has used over many years to prevent our clients from having their license suspended is seeking to reopen previous cases and withdraw pleas of guilty, And either contesting the charge on the merits or seek to qualify the driver to have the point removed from his record through the successful completion of traffic school. By successfully removing the point from the drivers record avoids the threshold Point count which require the DMV to consider a suspension.

Driving is a privilege, not a right ,and it is important to protect this right by being aware of the frequency of your moving violations received and the correlated point counts that could result in a license suspension. Most importantly, consider making the necessary adjustments in your driving habits to avoid moving violations which ultimately could result in a loss of your freedom to drive.

For all of the 30+ years that I have represented clients facing DUI charges, the County of Los Angeles has used a number of jail free alternatives to reduce the severe overcrowding in our jails.

Los Angeles judges and courts struggle to strike a balance between the legal requirements of incarceration for certain DUI cases. Major considerations include issues of public safety, and the increasing demands for space in our jails.

Programs like work-release, which allow those convicted of multiple DUI offenses to avoid jail time by working their own jobs during the day and sleeping in a dormitory type setting at night, were always very popular alternative to incarceration. Although used extensively for many years , this program was lost to budget cuts several years ago and never replaced by the County of Los Angeles

Electronic surveillance, although still used by the courts as an alternative sentence to jail, is commonly not approved by many judges and is viewed as not sufficient punishment , since people are allowed electronically monitored freedom to work their jobs and sleep in their own bed at night.

The newest program SCRAM uses a secured ankle bracelet with a sensor to detect the presence of alcohol being used by the person wearing it

This experimental program is being used by an increasing number of courts in Los Angeles
and is getting good reviews. SCRAM, the latest alternative sentencing program is growing in popularity among judges to punish, supervise and keep the jail space available for the most dangerous people who really need it.

I am frequently asked by clients and people I meet if it is advisable to refuse to take a chemical test either breath or blood is stopped on suspicion of driving under the influence of alcohol or drugs (DUI). In my practice as a DUI specialist for over 30 years, I am frequently told that people think that it is better to refuse to submit to a chemical test after drinking to keep the police from having any physical evidence of those suspected of having a .08 % or over (the legal limit in California).

While that would seem true to many people, the DUI laws regarding refusals have legislated serious consequences for those failing to complete a chemical test to determine the alcohol content in their blood.

California state law requires that those persons stopped on suspicion of driving under the influence are required to submit to a breath or blood test when requested to do so by a police officer after a vehicle stop. Failure to comply with the officer's request mandates 48 hours in jail and a one-year license suspension. These severe consequence are for first offender DUI cases. The penalties for second and third offense cases is substantially greater.

In addition to the use serious penalties, the legislature all has also authorized the Department of Motor Vehicles to suspend one's driver's license for a minimum of one year if it is been determined that a DUI refusal has occurred. All of alleged DUI drivers should retain the services of a skilled and aggressive attorney to challenge these refusal allegations by requesting a timely hearing within 10 days after their client's arrest. Failure to request such a hearing will waive your right to contest this issue and the DMV will impose this serious sanction

Therefore, with the valuable experience of representing thousands of clients faced with this additional aggravating circumstance, We pass out this valuable piece of advice. We recommend that those clients faced with this choice should submit to a chemical test regardless of how high or low you perceive your alcohol level to be and abide by this law to avoid substantially higher potential penalties for refusing to commit to a chemical test.

Beware of the presence of the Los Angeles Police Department using hundreds of DUI checkpoints this New Years Eve throughout the city of Los Angeles.

Over the past 10 years since the random checkpoints were first introduced, the police have extended these checkpoints throughout the city at locations focusing on intersections selected for their high incidents of traffic accidents and perceived DUI drivers.

DUI checkpoints do not require the police to justify any vehicle stop. This is an exception to the legal requirement of probable cause (i.e. violation of any vehicle code section) to make the stop of a vehicle lawful and valid.

While DUI checkpoints have been upheld as legal by the Supreme Court of the State of California, controversy stills swirls about the fairness of these stops. Beware this New Years Eve after drinking if you are stopped that you should not admit to drinking any alcohol regardless of what the police officer thinks. Also, don't agree to submit to any field sobriety tests (coordination test done at scene). These FST's although commonly requested by the police when a driver has been stopped under suspicion of driving under the influence, these tests are not required by law.

The law does require any driver suspected of driving under the influence of alcohol and /or drugs to submit to a breath or blood test to determine the alcohol or drug content present.
Therefore, do not refuse to submit to a breath or blood test. The penalties are much harsher for refusals than they are for drivers taking a breath or blood test, even if the results are much higher than the legal limit. Such penalties may include mandatory jail sentences and lengthy license suspensions.

Remember, be safe this New Years Eve and don't help the police build a case against you if you find yourself stuck at a DUI checkpoint.

If you are facing a criminal case, then the first thing you should do is consult with a criminal defense attorney to learn about your options and what the best way to defend your case will be. Criminal defense law firms across the state provide thousands of individuals with assistance with the defense of criminal charges every year. Criminal defense attorneys are skilled in handling many different types of criminal cases, from theft cases to California drunk driving cases, and can help you decide what the most effective defense options will be based on the circumstances of your particular case.

Criminal defense attorneys often specialize in specific types of criminal cases so that they can focus their energy on learning the best methods and procedures for defending those particular cases. For example, the defense of California DUI cases requires that the attorney understand the science behind the chemical testing procedures, have in-depth knowledge of the applicable administrative and criminal laws, and be familiar with common field sobriety tests used by police officers during DUI traffic stops. Acquiring this knowledge takes many years of practice and new rules and regulations are being introduced regularly which have to be taken into consideration for any DUI defense.

Criminal defense attorneys also know the best way to present evidence of extenuating circumstances to get criminal charges reduced or dismissed. In some cases, the tiniest element of a case can be the most significant case against a criminal conviction for the defendant, but without adequate representation by a competent criminal defense attorney, the defendant would not have known the importance of that evidence. The attorney will also know the legal procedures that can be used to get certain types of evidence excluded from consideration during the trial. There are many different ways that criminal defense attorneys can help you with the defense of a criminal case.

When charged with a DUI in the state of California, it is very important that you know what defense options are available to you and the best way to discover what these defense options are is to hire a criminal defense law firm to represent you during your court hearings. Criminal defense attorneys in the state of California argue thousands of California DUI cases each year and understand the methods and procedures used to mount an effective DUI defense. Because DUI defense is a complex field, involving scientific issues, administrative laws, and various criminal penalties, criminal defense attorneys are considered to be most experienced attorneys to handle these types of cases.

One defense option that may be feasible in certain California DUI cases is calling into question the validity of chemical testing in the case. Many people do not realize that there is a potential for errors and false readings using the testing techniques that are common in most California drunk driving cases. These testing methods are highly sensitive to a number of different elements and if any of these elements are present when a person is being tested, then the accuracy of the entire test can be disputed. Without this evidence, it is difficult to obtain a conviction for a California DUI.

Another defense option used in California DUI cases is to question the observation evidence submitted by the arresting officer in the case. This evidence often includes descriptions of observed driving violations, personal observations about the person's behavior, and the results of any field sobriety tests issued. Because these tests are not given uniformly and the results are subject to interpretation, a skilled criminal defense attorney may be able to have this evidence dismissed from consideration during the trial. There are a number of different defense options that a criminal defense law firm can use to get California DUI charges reduced and a skilled criminal defense attorney is your best chance for the effective defense of your case.

The standard procedure for a Los Angeles DUI stop follows a specific set of steps that the police officer will use to determine whether the person that they have stopped is under the influence of alcohol and/or drugs. The first step in the procedure is driving observation, which is often what brings the police officer's attention to a specific vehicle. During the driving observation, the police officer may notice actions such as weaving, erratic braking, or swerving that leads them to believe that the driver is driving under the influence of an intoxicating substance and warrants stopping the vehicle for further investigation.

When a police officer stops an individual for a California DUI, they pay very close attention to the person's mannerisms and physical appearance for additional signs that the person may be driving under the influence. These include an odor of alcohol on the person, slurred speech, flushing, or impaired coordination, among other signs. If any of these signs are present, the police officer will ask the person to perform a few field sobriety tests to confirm their suspicions.

If the person fails the field sobriety tests or give the police officer any further reason to suspect a California DUI, the person will be placed under arrest and transported to a secure location for blood-alcohol testing. Depending on the results of the blood-alcohol testing, the police officer will charge the person with the crimes that they have allegedly committed. After being informed of the charges, the person may choose to hire a criminal defense attorney to argue their case in court to get the charges against them reduced or dismissed. The majority of Los Angeles DUI stops follow these steps exactly and knowing what to expect during a California DUI stop will reduce the risk that you will err through ignorance and make the situation worse than it should be.

One of the questions asked most often regarding a DUI charge in California is whether a San Diego criminal defense attorney can get DUI charges reduced. The criminal defense attorneys that handle DUI cases in California often defend more than 100 DUI cases per year, giving them a wealth of experience in how to best argue your case for a reduction of charges. Although there is no guarantee that the criminal defense attorney will be able to get the DUI charges dismissed, there is a great chance that they will be able to get the charges and penalties reduced by a significant amount by arguing your case effectively.

California drunk driving laws allow the judge to exercise a considerable amount of discretion when it comes to sentencing for a DUI conviction. For example, the recommended jail sentence for a first time DUI conviction ranges from 4 days to 6 months. Having a San Diego criminal defense attorney arguing your case in front of the judge increases the chances that the judge will be persuaded to hand down a lighter sentence. Criminal defense attorneys are skilled in the presentation of evidence and the explanation of extenuating circumstances to reduce the apparent severity of a DUI arrest.

In some cases, criminal defense attorneys have been able to successfully argue against the reliability of certain tests that are commonly used by police officers in the field to determine the sobriety of an individual during a DUI arrest. Field sobriety tests, chemical testing, and breathalyzer machines do not always produce accurate results and if the attorney is able to shed doubt on the validity of the testing used to justify the DUI charges, then the charges may be reduced or dismissed by the judge presiding over the case. There are a number of different methods that can be used to get California DUI charges reduced and a good San Diego criminal defense attorney will know all of them.

Drunk driving and driving under the influence cases are becoming the most common offenses in the court system today, with thousands of individuals in the state of California being charged with these offenses every year. Although what happens during the traffic stop that resulted in the California DUI charge dictates what charges are ultimately brought against you, what happens after a California DUI charge is just as critical to the eventual outcome of the situation. It is important for you to know what your options are for minimizing the impact of a California drunk driving charge on your life.

The first thing that you should do after a California DUI is to contact a criminal defense attorney that specializes in California DUI defense. These attorneys handle hundreds of DUI cases every year and are your best resource for exploring your options for defending yourself against the DUI charges levied against you. Because the evidentiary and procedural aspects of DUI defense have become complex over the last decade, it is recommended that you choose an experienced DUI defense lawyer to ensure an effective defense.

During the trial to determine whether a DUI conviction is warranted, the judge will review the evidence in the case, including the results of any field sobriety tests issued during the original traffic stop, statements from the arresting officer, the results of any breath or chemical testing, and whether there were any special circumstances surrounding the arrest. The criminal defense lawyer will have a chance to speak on your behalf and offer any evidence that could reduce or dismiss the charges against you. If the judge determines that a conviction is warranted, then they will issue the judgment along with the penalties that are required by law after a conviction for a California DUI.

If you are a driver in the state of California, it is very important for you to know and understand California drunk driving laws. Although many of the laws on the books in California follow federal guidelines and are similar to the drunk driving laws of other states, it is important to know what the laws in California are instead of assuming that all drunk driving laws are the same.

Under California drunk driving laws, a person is considered to be under the influence of alcohol if the alcohol content of their breath or blood is higher than 0.08%. The measurement of the alcohol content can be done by using a breathalyzer machine or a simple chemical test to determine the person's level of intoxication. In nearly all cases, these tests are performed after the person has failed several field sobriety tests and have been transported to a specific, police-controlled location for testing.

If a person is arrested under California drunk driving laws, they then have the option of pleading guilty to the charges or hiring California DUI lawyers to attempt to prove their innocence. The person will appear before a judge who, after hearing all of the evidence, will determine if a conviction is warranted and the punishment that will accompany the conviction. Although California drunk driving laws including sentencing guidelines for the offense, the judge often has some leeway in sentencing and will make the determination based on the extenuating circumstances surrounding the drunk driving arrest.

There are a number of penalties that can be assessed after a conviction for a California DUI. The person will have to serve a mandatory jail sentence and will be fined a hefty amount for breaking the law. They will also have their driving privileges suspended and their driver's license revoked for a period of time set by the judge. Other penalties include mandatory attendance at a state drunk driving school, community service requirements, the installation of an ignition interlock device on the vehicle, and a probationary period of up to three years. California drunk driving laws are clear about the consequences of driving under the influence in the state.

Although you may think that the most horrible elements of getting a California DUI is the actual arrest and the humiliation of having to go to court to plead your case, in actuality the negative effects that result from a California drunk driving conviction can be much worse than you realize. The effects of a conviction can last for a significant length of time after the conviction and may still be affecting your life for many years after the conviction has occurred.

The immediate after effects of a California drunk driving conviction are predictable. The person will lose their driving license and have their driving privileges suspended for a period of time ranging between 6 months and 1 year. Being convicted of a California DUI will also result in a jail sentence of 4 days to 6 months depending on the circumstances surrounding the arrest. The judge may require the convicted to attend a state approved DUI school for a period of at least three months, install an ignition interlock device on their vehicle, or serve community service during the probation period after the conviction.

The lesser known effects of a California drunk driving conviction often occur long after the actual conviction. Because of the DUI listed in your driving records, many car insurance companies may refuse to issue insurance to you or may require you to purchase high risk insurance that can cost more than 3 times the amount that you would have paid without the DUI on your record. A DUI conviction can also result in the loss of a job or difficulty finding employment in certain fields, especially those that require driving as part of the employment duties. There are many negative effects that can arise out of a California drunk driving conviction, so it is very important to consult with a criminal defense attorney as soon as possible after the arrest so that you can explore your options and create a plan of defense.

Being arrested for a DUI in California can be a troubling experience and what happens after the arrest can be just as important as what happened during the arrest. The actions that you take after a California DUI arrest will determine what path the situation will take and what the ultimate outcome of the California DUI defense will be. There are several steps that you should take after a DUI arrest in California and taking these steps will make the rest of the process much easier for you.

The first thing that you should do after a California DUI arrest is to stay calm and take stock of your situation. Becoming hot headed and argumentative has never solved any problem and may make it much harder to mount an effective defense in court to prove your innocence or get the charges reduced. No matter how angry you are or how unfair you believe the arresting officer, refrain from committing any action at that point or before your case goes to trial that would hinder your ability to be defended in court.

The next step you should take is to secure a California criminal defense lawyer to discuss your options with you and defend your case in court. Many of the people that choose to defend themselves in a California DUI case make their situation worse by erring through ignorance of the laws of California or have no experience in criminal defense law so they do not know the proper way to handle the myriad court rules that must be followed for a California DUI defense. Criminal defense attorneys in California are some of the most experienced attorneys for defending DUI cases because they often handle hundreds of these cases each year.

The interstate highways in California are prone to accidents. Mostly, these accidents are brought about by drunk drivers. Drunk driving, if not a major offense, puts people in high risk of getting injured.

California drunk driving laws are found in the Vehicle Code section 23152. The first section is the misdemeanor to drive under the influence of alcohol and drugs while the second section is the misdemeanor to drive with 0.08% or more of alcohol is your blood. Unfortunately, in most cases, people convicted on either section will be charged under the California DUI laws.

However, before an individual is convicted to drunk driving, the process usually begins when a driver is being pulled over by an officer. Interrogation follows and the individual is oftentimes asked to make incriminating statements that will be later used against him even without being given the Miranda procedure or a right to an attorney. The officer may also request a breath test using a hand held PAS (preliminary alcohol screening) device. By now, the offender was already placed under much stress already. To make matters worse, the driver will be asked to do a field sobriety test which is a physical exercise that even sober individuals might have hard time completing. In most cases too, the police officer will neglect to inform the offender that these field sobriety tests are usually not required by the law.

In cases such as these, the offender will be subjected to a chemical test such as a blood or breath test which is often done in the police station. During this time, an attorney is still not present. If, however, the offender refuses to undergo such testing, then the law imposes an automatic one year license suspension and a jail service.

After the offender's release, the individual has two separate proceedings to deal with. The first proceeding is the administrative license suspension. This suspension begins 30 days after the arrest for first time offenders and one year for second time offenders. It is followed by a second proceeding that involves the criminal prosecution of the offender in court. However, both the suspensions and the criminal prosecution can be successfully challenged by a good DUI California criminal attorney.

Getting help from a DUI California criminal attorney can help you iron out your criminal and administrative license suspension with more reliability and confidence.

One of the most asked questions regarding a Los Angeles DUI is what are the criminal penalties associated with a California drunk driving arrest. The penalties that are associated with the Los Angeles DUI will depend on the criminal charges that are filed in the case. In most cases, these criminal charges will be 'driving under the influence of alcohol' and 'driving with .08% or higher blood alcohol concentration'.

The penalties for both of these charges are similar. Under the current law in California, there are multiple penalties that can be assessed for a Los Angeles DUI. The actual penalty will depend on the circumstances surrounding the DUI arrest and the discretion of the judge that is hearing the case.

A first offense DUI in California is punishable by a minimum of 4 days to a maximum of 6 months of incarceration. The fees and fines associated with a DUI conviction can easily top $1500 and that does not include the cost of hiring California criminal defense attorneys to represent you in court. In many cases, the judge will require that the offender attend a state-approved DUI school for a minimum of three months and may even require a longer duration if the person has a high blood alcohol level at the time of the DUI arrest.

Other penalties that may be imposed after a DUI conviction include community service requirements, probation for up to three years, and/or the required installation of an ignition interlock device on the offender's vehicle. A driver's license suspension may also be imposed by the Court or the Bureau of Motor Vehicles for a period of up to six months.

In the event of special circumstances, or 'enhancements', in the DUI case against the defendant, harsher penalties are called for. One of these special circumstances is refusing to submit to chemical testing, which is punishable by a one year driver's license suspension and eliminates the possibility of getting a work-restricted license. Another special circumstance that routinely appears in these cases is speeding in excess of 30 mph on the highway or 20 mph on city streets, which is punishable by a minimum 60 day jail sentence. Prior DUI convictions carry longer jail sentences and license suspensions as well.