|
|
|
Driving Under
The Influence (DUI) / Driving While Intoxicated (DWI)
If you have ever been arrested for a DUI, it can be quite frightening
and scary. For many individuals, this will be the first crime in which
they have ever been charged. DUI charges are made against approximately
1.5 million drivers each year.
The penalties for driving under the influence in California are harsh.
Even for a first offense, the penalties are quite severe; including
license suspension, fines of almost $ 2,000.00, mandatory attendance
at a State or DMV approved alcohol program, and even potential jail
time. In addition, a DUI conviction stays on your DMV record for at
least 10 years, which may result in higher insurance premiums. If
you have a professional license from the State of California, the
consequences can include a suspension, revocation or having to be
placed on probation. These penalties will also depend on whether or
not the individual has prior criminal convictions.
It is important to contact an attorney immediately. Given that so
much is at stake in a DUI case and because DUI defense is a technically
and highly specialized field involving medical terminology, etc.,
it is important to hire an experienced criminal defense attorney who
has handled many DUI cases, and who can guide you through the criminal
justice system and the Admin Per Se Hearing of the Department of Motor
Vehicles (DMV).
The penalties you will receive will often be based upon the skill
of your attorney. The prosecution has many years of legal training
and you need someone who has the skills to adequately and zealously
represent you. An attorney who has the skills, knowledge, and experience
regarding DUI's will have the best chance of receiving alternative
or lessened sentencing, lesser charges or avoiding the conviction
altogether.
DUI DEFENSES
Often times, individuals hear that there is not much to do for a DUI.
There are many viable defenses available to an individual who is facing
a DUI charge, whether it is their first or fourth DUI. Below is a
list of some viable defenses to a DUI charge:
• UNRELIABLE BREATH TEST
• INAPPROPRIATE BREATH TEST
• INCONSISTENT BREATH TEST
• INCONSISTENCIES SHOWN BY VIDEO TAPE&/or INDEPENDENT WITNESS
• INADMISSIBLE BLOOD TEST RESULTS
• MISTAKES BY ARRESTING OFFICER
• ILLEGAL ARREST BY LAW ENFORCEMENT OFFICER
• HEARTBURN
• MEDICAL CONDITIONS
• RISING ALCOHOL THEORY
People do not burn alcohol at the same rate! There are many viable
defenses to a DUI charge and many factors that can affect the results
of a breathalyzer and/or blood test.
DMV AND THE CRIMINAL COURT PROCESS
When a person is arrested for a DUI, the individual must fight the
DMV hearing (Administrative Per Se Hearing), and the Criminal Court
process.
Unlike the Criminal Court process, the Administrative Per Se Hearing
of the Department of Motor Vehicles is a civil matter. It is critical
that an individual charged with a DUI call the California Department
of Mother Vehicles within 10 DAYS to request a hearing to contest
the suspension. Failure to do so will result in the suspension of
their license, taking effect 30 days after the arrest.
The issues presented at a DMV hearing are limited to 3 issues:
1. Did the arresting officer have reasonable cause to believe that
you were driving under the influence?
2. Was the arrest lawful, and;
3. Was your blood alcohol 0.08% or higher at the time of driving?
The DMV hearing is completely separate from the Criminal Court process,
and a "set aside" of the suspension from the DMV has no
relation to the outcome in the Criminal Court, and vise versa.
In addition to the DMV Administrative Per Se Hearing, an individual
must also deal with the Criminal Courts. In Court, an individual charged
with a DUI will often face hefty fines, probation, AA and/or DUI classes,
penitential high insurance premiums, and even jail time.
Because you have to win both the DMV Administrative Per Se Hearing
and in Criminal Court in order to prevent your license from being
suspended, you need an attorney who is qualified to handle DUI cases.
Jimmy Cha has tried numerous DUI cases as a defense attorney and is
a member of the California DUI Lawyers Association. He has extensive
knowledge about DUI's and the criminal court process. If you have
been arrested for a DUI, Jimmy Cha can help.
| DISCLAIMER: The information on this website
is for general information purposes only. Nothing on this or
associated pages, documents, comments, answers, emails, or other
communications should be taken as legal advice for any individual
case or situation, as every case is different. The receipt or
viewing of the information on this website is not intended to
create an attorney client relationship. In addition, we are
not responsible for statute changes, applicability or suitability
of the content contained in this site as it pertains to your
legal matter. You should consult an attorney for individual
advice regarding your own situation. |
|
