Los Angeles DUI Lawyer Blog

A DMV hearing is a hearing held before the DMV regarding your driving privileges. It helps to determine how long your license will be suspended or revoked. The DMV hearing is held separately from your DUI hearing before the judge so as to ensure that you are not deprived of your rights without having been heard. The DMV hearing is an administrative hearing and will not determine whether or not you were guilty of a criminal act and is independent from your case in front of the judge in the criminal court.

At the DMV hearing the issues that will be raised will depend on whether or not you took a test at the time of your arrest. If you took a blood, breath or urine test the issues decided upon at the time of the DMV hearing will focus on the factors driving the arrest. The officer will discuss whether the officer had reasonable cause to believe that you were driving in violation of appropriate vehicle code sections, whether it was a lawful arrest, and if you were driving with .08% or more alcohol in your blood by weight.

If you refused to take a test at the time of arrest the issues discussed at the hearing will be similar for the most part. The officer will consider whether the officer had reasonable cause to believe you were driving in violation of appropriate sections of the vehicle code and whether it was a lawful arrest. In addition, it will be determined if you refused to take the test after you were asked to do so by an officer and when refusing you were informed that a refusal or failure to complete a test will result in your license being suspended for a year or revoked for two to three years when you refused to take the test.

A DMV hearing is not required, and is done at the request of the defendant. The request must be made promptly and in a timely manner as dictated by law, otherwise the right to a hearing is lost. Due to the urgency of the situation it is best to consult a California DUI lawyer immediately following your arrest so you don't miss the opportunity to be heard.

The hearing will determine where you stand with your driving privileges. During a DMV hearing, the officer has the power to set aside a suspension or revocation and in certain situations a restricted license may be granted. Therefore, a strong argument and defense must be prepared in order to ensure the least possible suspension or in certain cases revocation. Experience in dealing with DMV officers and administrative hearings is valuable when it comes to something as significant as your driving rights. Go into the hearing well equipped with all the facts and a strong defense and after consulting someone who has the knowledge and skill to help you keep your license.

Information taken from:
California DMV

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.

As a DUI specialist with over 30 years of daily courtroom experience defending thousands of cases I am always dealing with clients' concerns over their "out of state prior DUI convictions."

For many years those clients who were convicted of DUI's in other states, were "lucky" because California rarely saw these "out of state DUI convictions." With the advent of the internet, states frequently now have information they never had before regarding prior convictions. The California Department of Motor Vehicles (DMV) has become part of an Interstate compact having mutal access to other states driving records.

California also shares its driving records with most other states. This recent change has created issues for some of our clients who have been arrested for DUI's in California, but who have previously been convicted of DUI's in another state. When prosecutors become aware of these "out of state priors" they have the discretion to alledge these as prior convictions. The purpose of doing this is to enhance and increase penalties for the current California DUI charge.

Secondly, clients may face enhanced license suspension problems in California (even for those with out of states licenses), as a result of prior DUI convictions in other states.

This new policy of interstate reciprocity, although not universally accepted, can cause some drivers who have been arrested for a DUI in California to face increased sanctions in the Court, as well as longer possible periods of driver's license suspension.

Our firm specializes in representing drivers who have been arrested for drunk driving charges. Many of our clients run into legal trouble when visiting California for business or pleasure.

A skillful lawyer with an understanding of these potential issues and consequences of out of state priors and out of state driver's licenses, can minimize or eliminate these often unpleasant surprises when handling a DUI case.

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

Being arrested is a painful and traumatic experience. Unfortunately, if you've been arrested for a driving under the influence case you now have to navigate your way in an unfamiliar and complicated maze of laws and procedures in the court and at the DMV. Our firm of experience attorneys specialize in representing Clients for over 30 years facing the same challenges as you. There is no substitute for experience in a Courtroom.

A DUI specialists has studied the specific laws pertaining to the offense of DUI cases.Just as important we know know the legal procedures and Courtroom etiquette required to successfully navigate your case through the legal system.

Clients benefit from being represented by experienced courtroom lawyers who spend much more time in a court room than they do in an office The average attorney spends most of the day in an office...not us..

The benefit of being represented by an experienced courtroom attorney is that their years of experience have solidified strong relationships with prosecutors and judges which lay a valuable foundation for a successful resolution of any legal problem.

DUI Specialist, like those in our firm, have the ability to read the feelings and probable slant or attitude of the prosecutor or judge towards a particular clients case way in advance of a client's first court date. This allows for beginning to start developement a defense strategy, instead of waiting for a Court date and loosing valuable time.

A DUI attorney is trained to look for errors, specifically in DUI cases. Arrest reports,breath and blood tests (to determine the alcoholic content of your blood) are frequent sources of procedural and scientific errors which can form the basis of dismissals and reduced charges. Common errors, are not only present on the surface but many are beneath the surface and not obvious to an untrained eye. Beyond finding errors, it is crucial that the attorney representing you knows how to effectively use these errors to benefit their clients by getting cases dismissed and reduced.

Most new clients of our firm are surprised by the complexity of issues arising out of a DUI arrests and the potential harshness of the legislative range of penalties facing those persons facing prosecution..

It is important that all drivers who find themselves in the unfortunate situation of being arrested for a DUI, choose the protection of being represented by a skilled and experienced counsel who can minimize or eliminate the harsh effects of a DUI conviction.

The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.

Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.

Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.

The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.

The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.

Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.

When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.

Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.

Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!

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 throughout the City of Los Angeles.

Over the past 10 years since these 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 of their possible presence after drinking. if you are stopped, 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 on suspicion of Driving under the influence.Tthese 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 and don't help the police build a case against you if you find yourself stuck at a DUI Checkpoint.

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.