If you have been charged with driving under the influence (DUI), even if you believe you are guilty, it is important you call an experience attorney to represent you. Our firm will aggressively defend you and explore every possible argument and defense against a driving under the influence (DUI) charge.
DUI or driving under the influence is a very serious charge that can have life altering effects. In California, driving under the influence is generally charged in two ways; PC 23152 (a) driving while under the influence of drugs and/or alcohol and PC 23152 (b) driving with a BAC of .08 or greater. There are additional allegations and enhancements that can also be charged with the DUI which increase the potential penalties if convicted of the charges. These allegations can include prior DUIs, DUI causing great bodily injury (GBI), and DUI causing an accident, to name a few. Our law offices understand the consequences associated with a DUI and the best defenses against them.
It is important you are aware you have 10 days to request a hearing with the DMV or you forfeit that right. This means your license will automatically be suspended. If you miss the 10 day deadline, it is still possible to get a hearing, and we know what needs to be done to protect your driving privileges. We will represent you at your DMV hearing and have had success in the past in protecting our client’s driver’s license.
Checkpoints are often used during certain holiday seasons. The Supreme Court of California rendered a decision on the premiere California roadblock case, Ingersoll v. Palmer, in 1987. This decision established 8 factors that must be evaluated and can determine if the checkpoint stop violated your rights. It is important your attorney understands these factors and how to evaluate them to provide you with the best chance of challenging an unfair checkpoint.
If you are under the age of 21 and are charged with driving under the influence, the court and DMV may impose additional punishments, such as a 1 year license suspension, or additional charges. It is important you have an attorney who understands the consequences of these punishments and ways to minimize the effect on your livelihood.
Field Sobriety Tests
If you are 21 years of age or older, you do not have to submit to roadside field sobriety tests, handheld portable breath testing devices, or any questioning outside of establishing your identity, registration, and insurance. Providing your address falls under identity, so you must provide your current place of residence.