Los Angeles DUI Lawyer Blog

On July 1, 2010, Governor Arnold Schwarzenegger passed a bill that sought to clarify SB 598. SB 598 applies to second and third time DUI offenders. When a person has been convicted of a DUI their license will be suspended by the DMV. The length of time their license is suspended depends on previous convictions and the specific facts of the case.

In certain situations a person might be eligible for a restricted license that allows them to drive to and from work, and Court ordered alcohol programs. In order for a person to get a restricted license, they must apply for one after they wait the legislatively established amount of time.

Under previous law, a person must wait about 12 months into their suspension before they can apply for a restricted license. Under SB 598, a second time offender could not apply after only 90 days and a third time offender could apply after six months. This shortened wait time was only available to those who installed an Ignition Interlock Device. This machine is installed into a person's vehicle and will require that the person blow into a breathalyzer before the car can start.

The new law enacted to clarify SB 598 is SB 895. It clarifies the requirements a person must meet in order to qualify for the early application time for a restricted license. The person must first and foremost demonstrate proof of enrollment in an alcohol rehabilitation program. This means the person must present a certificate of enrollment, or some sort of documented proof that they are attending classes as order by the Court. The person must also install the IID, and pay all costs associated with the installment. They must also pay for the costs in advance for oversight of the IID.

The person must also demonstrate that there is proof of insurance. The DMV must have all documents of proof, and all fines and penalties must be paid in advance for costs and installation. After all that is done the person may apply for a restricted license, then the decision will be made whether they qualify or not.

An experienced Southern California Driving Under the Influence Attorney has handled thousands of DUI cases and can explain your options to you in detail. A powerful argument and defense that is prepared on your behalf can be very persuasive to allow for a restricted license. Additionally, new law can be very confusing and complicated and will require the help of an expert that will allow for a person who is being charged to be protected and get the best deal possible. You may qualify for a reduced penalty, or a restricted license, and speaking to an attorney will get assure that you know what you are entitled to under the specific circumstances of your case.

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.

Thanks to the California Legislature, our state enacted some years ago a law commonly known as a stop and snatch law. Essentially anyone stopped on suspicion of driving under the influence of alcohol whose Bac level is a .08% or more as their license taken by the police officer and forwarded to the DMV. In its place, the officer gives the driver a pink piece of paper known affectionately as an administrative per se drivers license.

Although this important piece of paper will serve as your drivers license, it hales on its face important information regarding your rights and obligations under California law. Most importantly it informs the driver that the DMV has commenced an action to suspend your license.

These suspected DUI driver with a .08 or over is put on notice that they are required to contact DMV within 10 days of their arrest, including weekends, to request a hearing to determine whether or not a suspension is appropriate based upon sufficient probable cause to stop and arrest the driver on suspicion of driving under the influence of alcohol. The second critical issue is whether these suspected driver was operating a motor vehicle with a blood alcohol level of .08% or more.

Failure to request such a hearing and delay, or in legal terms a stay, results in a drivers license being suspended commencing on the 31st day after their arrest.

Smart and responsible drivers contacting the DMV in a timely manner within the 10 days are often caught offguard in their attempt to exercise their rights to extend their driving privileges as well as request an administrative hearing to contest the pending suspension. Our firm frequently is told by clients that representatives of the Department of Motor Vehicles have overtly told drivers not to waste their time, or it will do no good. Drivers often are dissuaded, and advised that it's better to start your suspension after the 30 days, instead of waste their time exercising their rights to such a hearing.

Seeking the advice of an attorney, who frequently deals with the DMV, and understands the value of the client and his attorney carefully reviewing all police reports for accuracy, prior to deciding how to proceed in defending their vital driving privileges against a suspension. Exercise your rights in a timely manner, to avoid the awful consequence of losing your driving privilege. Frequently, through effective defense strategies, we are able to protect our clients valuable driving privileges, regardless of the specific facts of our clients cases. None of this is possible, unless the client contacts us within the allotted time to request a DMV hearing.

Many of our DUI clients do not know that it is up to them to schedule a DMV hearing within ten days of their arrest, including weekends. If a DMV hearing is not scheduled, it can lead to automatic license suspension, without a chance to be heard.

The DMV hearing is a completely different proceeding from the Criminal court proceedings. The evidence is different, and heard by two different decision makers, and the issue that is being decided is also different.

During a criminal proceeding, the case is brought by the government, represented by a Prosecutor. The Judge is to determine whether there is enough evidence to find the driver to be driving while intoxicated. Both sides will present arguments, and evidence (usually the officer's report and the alcohol screening test reading) before the judge determines a sentence if the driver is convicted of a DUI.

A DMV hearing does not have a Judge or a Prosecutor and is an administrative hearing. The DMV hearing is with the driver and a DMV officer and can be done over the phone. The officer will review the officer's report and the Alcohol Screening test reading to determine an appropriate suspension or revocation of a person's license. The driver, or an attorney on their behalf, also has the time to present an argument and a defendant to reduce or dismiss suspension or revocation.

A Los Angeles criminal defense attorney is able to represent you in both types of hearing. An experienced Los Angeles DUI attorney has represented thousands of clients in DMV hearings as well as Criminal court proceedings. They can fight for your rights and protect your driving privileges and help keep your criminal record clean.

When driving privileges are suspended in California, the DMV is required to provide notice to the driver. When a person is charged with a Driving on a Suspended License, one of the required elements that government must prove is that there was knowledge of the suspended license. If the driver had no knowledge that their license was suspended, the charged may be dismissed.

Whereas the DMV must inform you of any changes to your driving privileges, they are not required to keep your residential or mailing address current in their records. It is the driver's responsibility to inform the DMV of any changes in address, and to do so promptly and efficiently. If mail is sent to the wrong address, it will not be forwarded. This may lead to some serious problems with the courts and the DMV.

One of our clients had moved but had forgotten to notify the DMV of the change in address. Additionally, he had accrued a few minor traffic tickets which he was not aware of due to the change in address. As a result, his license was suspended. While driving he was stopped for a routine broken taillight but when officers ran his license they found that he required to attend court and left with the hassle of cleaning up his record, which could have easily been avoided by notifying the DMV.

An experienced Los Angeles Criminal Defense attorney has dealt with thousands of Suspended License cases and knows the proper defense and options. They have handled many cases in their career that deals with a lack of knowledge about the suspended license. The attorneys at Hoffman and Associates help prepare a powerful defense that shows the Judge that a case is more than a number, but a person with positive attributes and a contributing member of society.

With the costs and expenses associated with a DUI, it is a natural concern to have questions regarding how it will affect your auto insurance. Not only can a Criminal Defense attorney specializing in DUI answer any questions you may have, but can also use their experience and knowledge to fight hard to keep the costs as low as possible.

There are many potential consequences to your auto insurance depending on the final decision of the officer at your DMV hearing and the company you use for your coverage. It is common to lose your auto insurance after being convicted of a DUI. Your driver's license may also be suspended by the DMV, and therefore being covered by your auto insurance company may not be an immediate concern. With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license.

Additionally, many auto insurance companies maintain that they do not cancel your insurance on a first time offense, but do deal with it in a harsh manner. You can assume that your insurance premium will be increased. Whether it is increased by a significant amount, or something more manageable will depend on your specific insurance provider.

In the state of California you are also required to file an SR-22 insurance form with the DMV to reinstate your driving privileges after you have been convicted of a DUI. An SR-22 is a vehicle liability insurance document which provides proof that the driver has the minimum liability coverage required for California.

Once charged with a DUI, the costs of legal help, court fees, and fines start adding up. The last thing you need is additional costs to your auto insurance. An experienced DUI specialist, like Ronald Hoffman, not only provides you with reasonable rates and a payment plan that works for you, but also fights hard to get you the best possible outcome at your DMV hearing. Such results can only come with over thirty years of experience and a solid reputation among the criminal courts in Southern California. Contact our office today for your free consultation with one of our highly trained attorneys!

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.

Anyone been arrested for a driving under the influence case is never happy to be in that circumstance. For members of our armed forces including those serving in the Marines or Navy in San Diego County face even greater challenges and potential penalties. It becomes very clear that the service, regardless of which one treats any DUI arrest very harshly, and starts its sanctions even before any court date, or prosecution by the state has begun.

Although it feels like double jeopardy, that persons in the service are punished twice, once by the military and once by the criminal justice system for the same offense, it is not. Federal jurisdiction over the military empowers it independently to punish soldiers for offenses that they commit on or off a military base. A drunk driving arrest, even prior to any court proceeding or conviction can result in a serviceman being confined to base for 2 to 3 months, have their rank reduced, have their pay cut in half, and often required to complete an alcohol education program on base.

By comparison, a civilian charged with suspicion of driving under the influence of alcohol, is considered to be innocent until that person pleads guilty, or is found guilty after a jury trial. It is only after that finding of guilt that penalties are imposed. Both military persons and civilians being convicted of a DUI are placed on summary or unsupervised probation, required to pay fines in excess of $1500, complete a minimum of 12 weeks of alcohol education and in some circumstances serve jail time.

San Diego Marine and Navy personnel arrested for a DUI may also face penalties from the Department of Motor Vehicles in the form of a driving privilege suspension. What makes this problem more challenging is that most service people in San Diego have drivers licenses issued him other states. Those individuals found to be driving with a .08% of alcohol may have their California driving privileges suspended between four months and one year after a hearing before the DMV. It should be noted that California only has jurisdiction over a person's privilege to drive in California, regardless of where that person arrested holds a drivers license. The California DMV cannot suspend any other states drivers license.

Our firm of DUI Defense Specialists has helped hundreds of local service men and women sort out and minimize the effects of a DUI arrest on those special people serving our country in the military. Consulting an attorney immediately after a DUI arrests can minimize some of the potential complications by not missing critical deadlines created by one's arrest.

An experience DUI attorney can also under most circumstances be able to appear in court on behalf of the soldier thus also avoiding further problems in the military.

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

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.

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.