Author: DUI Attorney

DUI Attorney | Why you should choose a DUI Attorney

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FOUR REASONS YOU WANT A DUI SPECIALIST TO REPRESENT YOU

1. Complete assessment of your case with all possible defenses explored:

  1. In every case the DUI Attorney/ Specialist will assess the effect of the DUI on you, your family, your job and your future.
  2. In every case all aspects of the case from 24 hours before the stop through the present will be explored by the DUI specialist.
  3. In every case your complete criminal history will be explored in order to assess the best and worst sentencing options. Continue reading →

DUI Evidence | The DUI evidence is not as strong as it seems!

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The California DUI case against you may not be as strong as it seems

Were you given a chemical test for drugs or alcohol? California DUI chemical testing is not foolproof. For example, did you know that right now there is an issue with a Riverside crime lab analyst that calls into question literally everything that he touched? A good California DUI lawyer will be on top of all of the latest issues that might benefit your case. If you are not represented, or if you choose the wrong lawyer, you may never learn about scandals within police departments, evidence contamination issues, breath machine failures, missing, disciplined, injured or retired police officers, and many other things that could literally make the difference between your conviction and acquittal or dismissal.

DUI Evidence | Chemical Testing in California DUI Cases

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Chemical Testing in California Drunk Driving Cases

In California, all three chemical tests are used (blood, breath,and urine). Urine testing is used to determine drug levels present in a DUI suspect’s system.  A person arrested for DUI has the choice of whether they will submit to a breath test or a blood test if suspected of impairment by alcohol, or blood or urine if suspected of impairment by drugs.

Independent testing: A DUI suspect is permitted to have an independent test performed at his/her own expense, or have an additional test be performed at his/her own expense.

Breath testing: Both portable breath testing as well as evidentiary breath testing is done in California.  Several different evidentiary breath testing machines are used in California.  Which machine will be used in your case will depend on where you are pulled over for DUI, and which police station you are taken to.  The following machines are used in California:  The BAC DataMaster (Los Angeles County), the Intox EC/IR (Los Angeles), the Draeger Alcotest 7110 (San Bernardino and Riverside County), the Draeger Alcotest 7410 (Orange County), the Intoxilizer 5000 (Long Beach), the Intoxilizer 8000 (San Diego).  All breath testing machines work basically the same way – a suspect will blow into the machine and a reading printout indicating the suspect’s BAC will be provided.  Breath testing is the most commonly used chemical test in DUI cases, but it is also the most unreliable way to measure BAC.  Experienced DUI defense attorneys know how to attack the credibility of the machine’s results.  If you have been arrested for DUI and you provided a breath sample, contact one of our pre-screened DUI defense attorney’s in your area.

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DUI HotLine | DUI Attorney who focuses on Second DUI offenses

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Do You Want A Lawyer Who Specifically Focuses on Second DUI and Multiple DUI Offenses?

When arrested for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney or second DUI Lawyer to help keep you working, driving, and out of jail.  Know that a 2nd DUI, 3rd DUI, or 4th DUI – Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney, you can stay out of jail and keep your license even while facing your 2nd DUI.

While your first DUI arrest may have been embarrassing, your 2nd DUI arrest will be a life altering event. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:

  •   1-2 Years Driver License Suspension
  •   96 Hours up to 1 year jail.
  •   Court Fines in Excess of $2,500.00 +
  •   18 Month Alcohol School
  •   In Patient/Out-Patient Rehab
  •   MADD Victim Impact Panel
  •   Morgue Program
  •   Community Service
  •   3-5 years Probation, Formal or Informal

 Your DMV Hearing is the Most Important Tool To Fight Your 2nd DUI

For most 2nd DUI cases, your DMV hearing is the most important tool to help fight your Second DUI.  The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.

Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd DUI conviction.

DUI Penalties | Why you need a DUI Attorney

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DUI Penalties

Defendants who have been arrested for driving under the influence face a multitude of penalties if convicted. The penalties that a defendant receives depend on the specific aspects of the defendant’s unique case. However, individuals who are convicted of a misdemeanor or felony DUI face the possibility of severe consequences, including:

  • Jail or prison time
  • Extensive fines
  • Alcohol treatment programs
  • Probation
  • Ignition interlock device requirements
  • License suspensions or revocations
  • Insurance cancellation or increase

If a person has had one or more prior DUI convictions within the last 10 years, was traveling at an excessive rate of speed, traveling with a minor under 14 years of age, refused to take a chemical test as mandated by the implied consent law, or had a blood alcohol content level of .15 percent or higher, he or she is facing harsher penalties. If the person was involved in a multi-car accident and/or left the scene and/or caused injury to any passengers, he or she may face more severe penalties. If convicted of a felony DUI, the sentence can also include substantial time in state prison. If you have been charged with a DUI, our DUI defense attorneys can help. The lawyers at 888-DUI-HOTLine understand the seriousness of being arrested for DUI and are committed to helping individuals in need.

DUI HotLine | DMV Administrative Hearings vs Criminal Court Trials

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How is the DMV hearing different from the court trial for DUI?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

If you took a blood or breath or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
  • Were you placed under lawful arrest?
  • Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

DUI Hotline | Why should you get a DUI Attorney?

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DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI attorney.

Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver’s license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities.

Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a difference in the outcome of your case. This is why it is important to use 888-DUI-HOTLine to locate a qualified DUI Lawyer in your area.

DUI Hotline | Driving under the influence | DUI

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Driving under the influence (DUI), driving while intoxicated (DWI), drunken driving, drunk driving, drink driving, operating under the influence, drinking and driving, or impaired driving is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit (“Blood Alcohol Content”, or “BAC”). Similar regulations cover driving or operating certain types of machinery while affected by drinking alcohol or taking other drugs. This is a criminal offense in most countries. Convictions do not necessarily involve actual driving of the vehicle.