Los Angeles DUI Lawyer Blog

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
When a plea of guilty or no contest is entered, a DUI Advisement of Rights, Waivers and Pleas form will be read to you and initialed. It goes into the record as proof that you were informed of the rights you were giving up by pleading guilty or no contest and what the potential consequences may be.

A section in the form lists all the consequences of your plea of guilty or no contest. Each of those will be read to you and you will be asked to initial and indicate that you understand the statements.

A chart of potential statutory are explained to the driver and they must indicate that they understand the maximum and minimum penalties for the offense(s) they are being charged with. They must then acknowledge that in addition to the fine, the Court will add assessments that will significantly increase the amount. For example, a fine of $600 can easily be closer to $1,500-$2,000 once all assessments have been calculated. In addition to the fine, with assessments, they will be asked to possibly pay a fine for restitution between $100 to $1,000 unless the Court finds a compelling and extraordinary reason not to do so.

A small section in the explanation of consequences pertains to those that were found driving under the influence while underage. If a person is under the age of 21 when arrested for a DUI, their license will be suspended for a year and their license will have to be suspended to the Court. In situations where the driver does not have a California Driver's license, the Court will order that the DMV suspend the driver's license for a year after they become eligible to drive.

Furthermore, the Court asks the person being charged to understand that their vehicle may be impounded for up to 30 days at their expense. Also, the court may require that an Ignition Interlock Device (IID) be installed into their car for up to three days. An IID is a device that requires a person blow into a breathalyzer before the vehicle can be started. It ensures that a person does not driving while under the influence.

The consequences of pleading guilty or no contest can be harsh. If a person enters a plea without first consulting a DUI lawyer, they may be agreeing to consequences that could be reduced with the help of an attorney. Before you enter a plea, be sure to consult with an expert and discuss the many different options and possible outcomes of your case. A DUI on your permanent record could affect many aspects of your life.

Many of our clients believe that because they have refused to take a Blood Alcohol Test during the time of their DUI arrest, there will not be enough evidence to find them guilty of a DUI. This, however, is not true. A person may be found guilty of a DUI based on the arresting officer's observations and any statements made by the driver.

When a person has been charged with a criminal offense, they have the option to accept a plea bargain made by the prosecutor. A plea bargain is an offer for the person being tried to plead guilty for a charge and in exchange receive a lower penalty. If a plea bargain is taken, the person charged will plead guilty to a charge before the criminal Judge and will be given a lowered sentence. If the charged person does not accept the plea bargain, further negotiations may be made. If there is no agreement, the case proceeds to trial.

Lets say David has been charged with a DUI where he has refused to take any BAC test. Officer's observed him as slurring, smelling of alcohol and weaving in and out of lanes. David believe that because he refused to take the BAC they will have no proof as to his intoxication and the case will be dismissed. Prosecutors offer David a plea bargain. They explain to him that if he pleads to a misdemeanor DUI, they will drop any enhanced penalties because of the refusal, and give him the lower end of the legislative penalty for Driving while intoxicated in California. If David takes the offer, he will go before a Criminal Judge and plead guilty to a DUI, be sentenced and his case is closed. However, if David decided he absolutely believes he is innocent, or that there is not enough evidence to find him guilty, he will proceed to trial.

The mistake many people make in a DUI case is that they believe there is not enough evidence to find them guilty of a DUI when they have refused to take a BAC test. Consequently, they do not take a plea bargain and opt to go to trial instead so that the court can make a finding. When there is a trial for a DUI in which the driver has refused to take a BAC test, the jury receives special instructions when determining a verdict. You can use the refusal as an admission of guilt if the person refused to submit for a BAC test after they were given an admonishment of rights. This assumption may only be used if it was given AFTER the admonishment of rights were read and if they were read properly so that the person understood which rights they were giving up.

Due to the fact that there is an assumption of guilt associated with a refusal in trial, it is in the best interest of a person who is charged with a DUI to retain an experienced San Diego DUI attorney. A knowledgeable DUI specialist will be able to provide a thorough analysis of the facts and determine which course of action and possible defenses will be best for the outcome of the case.

During a Los Angeles DMV hearing, the burden is on the driver to prove that they were not intoxicated while driving at the time of the arrest. If an attorney has been hired on the case, then it is the job of the attorney to present a case that demonstrates that there was little or no blood alcohol content. This is completed through testimony, casting doubt on the credibility of the arresting officer's report and any additional witnesses or documents that are necessary.

During the routine DMV hearing the DMV officer will determine whether there was reasonable suspcicion of the arresting officer to stop the driver, whether a blood alcohol content test was taken, and whether the results of that test were over .08. For most DMV hearings, the issues addressed will be these. However, when no BAC test was taken, the DMV hearing will follow an alternate path.

When there is a refusal, the officer will address the issues pertaining to the refusal. They will ask what the reasons were for refusing to take any of the tests offered and whether the person was read an admonishment of rights regarding the refusal.

Anytime a person has refused to take a BAC test, for any reason, the officer must read them an admonishment of rights verbatim. It informs the arrested person that refusing to cooperate and take a test may result in added penalties if they are convicted. If an admonishment is not read properly or at all to the arrested driver, the additional penalties may not be included with the final sentence.

The DMV hearing officer must determine whether there was a refusal, and if there was a refusal, if an admonishment was properly given. This will determine the proper standards in which they can suspend or restrict a license, and the appropriate length if found guilty. When there has not been a refusal, the DMV officer will not go into the issue of admonishment of rights. It is irrelevant.

For example, Daisy has been arrested for a DUI. She was stopped for not stopping before taking a right turn at a red light. Officers believed she may be intoxicated and asked to take a blood alcohol test. She agreed and allowed the officers to take her blood. During her DMV hearing, the officer questioned Daisy about the right turn at a red light. The officer assessed whether this was what had happened using Daisy's testimony and the arresting officer's report. After having made a determination, she asked about the BAC test, which Daisy agreed to having taken. The officer ruled out any refusal issues, and then determined the outcome of the blood test.

In comparison, lets say that Daisy had refused to take the BAC test. The DMV hearing officer would still address the issue of whether Daisy had in fact failed to stop at a red light before making a right turn, and whether this constituted enough probable cause for the officer to stop her. However, the DMV officer will then ask why Daisy had refused to take the BAC test, and whether she had properly been read an admonishment of rights. Even if Daisy had attempted to take both tests, but was unable to do so, it will be considered a refusal.

When there is a refusal there are different issues to be addressed at a DMV hearing. There are also additional consequences to be considered. Many people believe that the DMV hearing is not as significant as the criminal court proceedings, but that is in fact not true. There should be a Los Angeles Criminal Defense lawyer representing a person's rights and interests at both types of hearings in order to keep penalties at a minimum and increase any chances of the case being dismissed.

When a person is arrested on suspicion on a DUI, they will have to appear before a criminal judge and at a DMV hearing. The criminal court will determine if there is enough evidence to demonstrate beyond a reasonable doubt that her person was intoxicated while driving. If they are found guilty, the court will determine an appropriate penalty that will involve a fine, probation and potential jail time. The DMV hearing will determine whether the person was driving while intoxicated as well, but if found guilty will only determine the consequences to driving privileges. The two are separate findings, one does not influence the other
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During a DMV hearing, the hearing officer will introduce the police report that was prepared by the arresting officer. This will include a description of the events and any observations made by the officer. Also in the report will be the result of any blood alcohol content tests that were taken at the station the night of the arrest. The observations and accounts of the event made by the officer are generally taken with high credibility, and if challenged will required a significant amount of proof.

The driver is allowed to have a Los Angeles DUI Attorney be present at a DMV hearing and make an argument on their behalf. The attorney will often question the driver with the hearing officer present so that the person being charged can present their side of the story and have it go on record. This testimony will then be considered by the officer when making a decision.

Additionally, if the attorney advises that the blood alcohol test may have been corrupted, records may be collected regarding the maintenance and accuracy of the test. If it is a blood test, the results may be questioned and the lab may be asked to provide documents demonstrating their procedures to maintain the accuracy of the blood sample. If a breath test was taken , an attorney might request that documents be presented showing the maintenance and calibration of the breathalyzer to ensure that it produces accurate results.

If a lawyer presents a strong enough argument that casts doubt on the officer's report or reduces credibility, the DMV hearing officer may continue the hearing and schedule a date upon which the arresting officer can be present to testify. After all evidence has been collected and the DMV hearing officer has heard all testimony that is relevant to the case, he or she will make a decision regarding driving privileges.

The DMV hearing is as significant to the person's life as is the Criminal proceeding. The hearing is conducted in a manner which allows for evidence to be presented just as it is in criminal court. Many people believe the DMV hearing does not need an attorney and can be handled on their own. However, if an experienced Los Angeles DUI lawyer is present to make the proper arguments and present the right evidence, it may make a difference between having a restricted license, or a suspended license.

In a San Diego driving under the influence charge the Prosecutor has the burden of proving that the driver was intoxicated at the time of the arrest. To prove their case the Prosecutor will use several different types of evidence and must show proof beyond a reasonable doubt.

If the driver took a blood alcohol content test, the reading will be a part of the evidence presented by the government. A blood alcohol test is administered at the station following the arrest and may be a blood or breath test. If a person is unable to take one of the tests, they must take the other. For example, if a person has severe asthma and cannot take a breath test, they must take a blood test. If the person is unable to take either test, it will be considered a refusal by law. A refusal, regardless of the reasons for not taking either test, there may result in further penalties in addition to those of a DUI.
The final BAC reading will be entered into evidence as an exhibit whether it is over a .08 or not. California Vehicle Code § 23152 and 23153 does not state that the intoxication level for a DUI must only be .08 or higher. The code section also states that anybody found driving under the influence of alcohol and/or drugs may be found guilty of a DUI, whether it is at a .08 or not.

The Prosecutors will also introduce the arresting officer's report as evidence of intoxication. The report will generally include observations made by the officer as well as the reason the driver was stopped and later questioned. The officer's report will also include any statements made by the driver. The credibility of an officer is generally presumed to be pretty high in comparison to that of the charged driver and so to contest statements in the officer's report is difficult, but can be done.

Observations in the statement will include things like slurred speech, blurred vision and results of any field sobriety test. Additionally, the officer will ask the driver if they had been drinking, how long they had been drinking and if they had anything to eat. The officer does not have to read a person their Miranda rights before asking these questions, and the driver is not required to answer. If the driver has answered, the officer will make a note of the statements and include them in his report.

When Prosecution attempts to prove intoxication in a Criminal Court, there will be a presumed credibility to the statements of the officer and the reading of any BAC test. An experienced San Diego DUI lawyer has represented thousands of clients in DUI cases and knows precisely what to expect from the government as far as evidence and potential arguments. The attorney will prepare a powerful defense that will be specific to the facts of each case and will properly cast doubt or reduce the credibility of evidence presented by the Prosecution.

Contrary to what some people may think, a DUI case against a person is not dismissed based simply on the fact that there is no blood alcohol content (BAC) reading. Many people think that if they refuse to take a BAC test, then there is no evidence or proof against them that they were intoxicated while driving. Not only is this not the case, but it may lead to additional penalties if the person is found guilty.

When granted driving privileges in California, a person agrees to comply with authorities if stopped or questioned for a DUI. This implied consent is a silent acceptance when a person is issued a California driver's license. When a person refuses to take a BAC test it is a violation of the implied consent and is taken into serious consideration by legislation and the Courts.

This BAC test refusal does not lead to a dismissal of a case due to lack of evidence. There are other types of evidence that will be introduced in court by Prosecution that could lead to a conviction. The officer's report is considered evidence. It contains the arresting officer's observations and account of the night of the arrest. This is referred to as discovery. Observations made by the officer are held with high credibility and will be taken into consideration by the Judge as strong evidence of the driver's intoxication.

Officer's will note things such as slurred speech, the smell of alcohol, blurred vision, failure to properly comprehend instructions and statements made by the driver. Also included in the police report will be the reason the person was stopped and questioned for a DUI. An officer needs reasonable cause to pull someone over. This is usually a traffic violation; speeding, illegal u-turn, weaving between lanes, etc. It can also be a check in good faith if someone is pulled over at the side of the road. The circumstances for stopping or questioning a driver will be included in the report, and may be strong evidence of intoxication.

This may seem circumstantial and difficult to use in proving a DUI case, but in many cases can be enough. For example, Jill is weaving in and out of lanes, nearly missing cars and is pulled over by an officer. Upon arriving at Jill's window, the officer smells a strong odor of alcohol. He asks Jill if she has been drinking, and Jill responds with slurred speech that she only had a few Gin and Tonics at dinner. Jill is arrested and taken into custody where she refuses to take any BAC test and is properly read an admonishment of rights. Because Jill refuses to take a BAC test, there is no blood alcohol reading with which Prosecutors can prove her intoxication. However, the observations made by the officer and the statements made by Jill are strong and will likely lead to a conviction.

In comparison, Jack is pulled over for running a red light. Officers approach Jack and ask him if he has been drinking. Jack replies that he has not been drinking, apologizes and said that he had not slept in a few days and was in a hurry to get home. Officers do not smell any alcohol but Jack seems to be fidgety and his eyes look tired, and his vision is blurred. Officers ask Jack to take a field sobriety test which he refuses and is arrested. At the station the officers ask Jack to take a BAC test, which again he refuses. He is properly read his admonishment of rights for refusing. Although officer's stopped Jack for running a red light, that may be the only thing he will be found guilty of. The officer's observations may point to an intoxicated driver, but it isn't strong enough to provide enough evidence for a DUI.

Do not make the mistake of thinking that because there is no BAC reading, the DUI will be dismissed. Consult a knowledgeable Los Angeles attorney to review the police report and discuss the strengths and weaknesses of your case.

During a routine DUI stop in Southern California, the officers will ask the driver to submit themselves for a field sobriety test. This is usually a breathalyzer test administered at the site of the stop and gives officers a preliminary idea regarding the person's blood alcohol content (BAC). This BAC test is not mandatory, and if completed, is completed as a courtesy and in an effort to cooperate with officers.

If a driver is taken into a police station on suspicion of the DUI, they will be offered a second BAC test, either blood or breath. The second test administered at the station is mandatory and refusal to do so can result in added penalties and consequences. When a driver is issued a California driver's license they agree to comply and cooperate with officers during any DUI stop. This includes submitting to a blood or breath test so that officers may collect an accurate reading for the person's blood alcohol content. This implied consent is an agreement between anyone with a valid driver's license and the State of California and if violated warrants significant consideration.

When a driver refuses to take a BAC test at the station, it is considered an enhancement to the DUI charge. An enhancement results in penalties in addition to those of a DUI without refusal. This includes a longer suspension of driving privileges, additional fines and mandatory jail time.

Due to the fact that there are additional penalties officers are required to read an admonishment of rights to any person who refuses to take a BAC test. An admonishment of rights advises the driver that there will be added penalties if they are found guilty of a DUI and advises them that they are required by law to take a test, and failing to do so is a violation of implied consent.

The admonishment of rights has to be read word for word and at a time when the arrested person fully understands what potential consequences may be for refusing to take a BAC test. Any failure on the part of authorities to inform a driver of their rights and the consequences of relinquishing these rights will be taken seriously by the court in the interest of protecting rights and the notion of justice.

If it is proven in court that an officer failed to properly read a driver an admonishment of their rights in refusing to take a BAC test, the refusal will not result in added penalties. For example, Dan is arrested on suspicion of a DUI and taken to a station. At the station he refuses to take any kind of BAC test, adamant that he has not drank anything and the officer's are wasting his time. Officers get busy with other inmates and in the meantime Dan falls asleep. The officers, meanwhile, read Dan an admonishment of his rights in refusing to take the BAC test and since he is asleep, skim most of the words and paraphrase. If Dan is found guilty of a DUI there will be no additional penalties due to a refusal because he was not properly read an admonishment of his rights.

Anytime there is a refusal in a DUI case, there is a potential for mandatory jail time. An experienced Los Angeles DUI lawyer has handled many refusals and successfully reduced any additional penalties as well as mandatory jail time. If you are facing a refusal, it is important to speak to a knowledgeable attorney that can help protect your rights and prepare a powerful defense.