Los Angeles DUI Lawyer Blog

Do I Need a Los Angeles DUI Lawyer if I plan to Plead Guilty to DUI?

Fri, 27 Jan 2012 14:47:34 -0800

Many of our clients make the mistake of thinking that because they meet the elements of a DUI that they will be found guilty and do not need to expend the money on a Los Angeles DUI Specialist. The first mistake people make is thinking that because they were drinking and have a higher Blood Alcohol Content (BAC) they will surely be found guilty.

The second is that they plead guilty at their first Court appearance, known as the Arraignment. They are then sentenced and proceed to serve their sentence which will usually involve a fine, license suspension and jail time if it is a second or severe offense.
We advise all of our clients and potential clients that this is a bad idea without consulting with an attorney. Regardless of whether you have a high BAC, or even one over .08, you do not know the requisite elements of a DUI case.

The prosecutor must prove two elements beyond a reasonable doubt. They must prove that you were intoxicated at the time you were driving, and that you were driving. Additionally, an officer cannot pull you over on hunch alone, there must be a valid reason to stop you as you are driving. Prosecution must present evidence and testimony that would prove that there is no other reasonable explanation, other than you were driving while intoxicated.

Even in situations where the government can easily meet the standards of a DUI, the sentence is subjective. The sentence imposed is based on a legislative range. The Judge will consider the facts of the case and the person's prior criminal history, and determine a sentence that would be appropriate for the case. The good thing about this, is that it is up for negotiation. A knowledgeable Criminal Defense lawyer would present positive evidence and testimony that would persuade the Judge to impose a lesser sentence that does not involve jail time and manageable fines.

Furthermore, there is always a DMV hearing when a person has been charged with DUI to determine the length of time a license will be suspended or revoked. The driver has the right to have an attorney represent them at the DMV hearing. An experienced attorney has handled thousands of DMV hearings and s familiar with the hearing officer's habits and usual mannerisms. Taking this experience into account, they can prepare a defense and your testimony so that the officer is inclined to only suspend the driver's license for a minimal amount of time.

A person who thinks they are guilty merely because they were intoxicated while driving makes the mistake of pleading prematurely. By pleading guilty, they are leaving the final sentence into the hands of the Judge, without any argument or subjective reasons for a minimal sentence. That is why the help of a Los Angeles Criminal Defense lawyer can go a long way in either having the case dismissed, or in the situation the person is found guilty, to have the most minimal sentence imposed.

What is SB 598 and How Does it Affect Los Angeles DUI Cases?

Fri, 30 Dec 2011 15:17:24 -0800

When a person has been convicted of a Los Angeles driving under the influence charge, there are certain penalties that will be imposed. One of the most serious penalties that the person will face, is a drivers license suspension. For a first offense DUI, a person's license may be suspended for up to 4 months, for a second time offense, the license may be suspended for up to a year.

Having your license suspended is a significant restriction on a person's daily activities. It prohibits you from driving to work, social activities and other important places. If a person chooses to drive on a suspended license in Los Angeles, they can be charged with an additional charge. A driving on a suspended license conviction is very serious, it can lead to jail time and penalties. It may even lead to an extension of a person's probation.

There are options for a restricted license. When a person's license has been suspended, they can ask the DMV for a restricted license which allows them to drive to and from work. A restricted license is granted sparingly, and under certain specific circumstances. An experienced Los Angeles County DUI attorney can successfully persuade the Court to allow for a restricted license, which prevent taking away driving privileges completely.

Under the previous law, a person who has been convicted of a second time DUI must wait 12 months before they can apply for a restricted license. Under new law, SB 598, that went into effect July 10, 2010 a person can apply for a restricted license after just 90 days.

Third time offenders under previous law could not apply for a restricted license until 12 months into their 3 year suspension. Under the new law they can apply after 6 months.
However, there is a caveat to applying for a restricted license earlier under the new law, the person must install an Ignition Interlock Device. An Ignition Interlock Device is a device that is installed on a person's steering wheel that does not allow the car to start until the driver breathes into the machine so that it can check for blood alcohol content.

Having your license suspended adds to the difficult situation you are already facing with a DUI. There are usually fines and jail time associated with driving under the influence charges. When you are unable to drive anywhere it makes even going to work an obstacle, and causes you to rely on your friends and family. It is crucial for a person who finds themselves about to get their license suspended that they consult with a Southern California DUI specialist to learn about their defenses and options.

Everyone should have a knowledgeable attorney to represent them at the DMV hearing as well as the Criminal case. An attorney can also prepare a strong argument that may allow for the person being charged to have a restricted license under specific circumstances. A persuasive argument can make a huge difference in regards to a potential sentence and license suspension.

What is SB 895 and How Does it Affect my Los Angeles DUI Case?

Fri, 23 Dec 2011 16:08:09 -0800

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.

Insufficient Blood Alcohol Test Samples in a Los Angeles DUI Case

Fri, 16 Dec 2011 14:04:19 -0800

When a person is stopped on suspicion for driving under the influence, they will be asked to take a blood alcohol test. When a person is issued a driver's license in California, they give their implied consent to submit to a blood alcohol test when asked to do so by officers. Officers will ask a person who is stopped to take a BAC test at the scene of the stop, but the driver is not required by law to do so at that time. This is referred to a preliminary blood alcohol screening test.

The driver will be asked to take a second BAC test, either blood or breath, at the station. This is a required test, and if the person refuses, there will be more severe consequences if the person is convicted. When the person refuses to take any BAC test, it is referred to as a refusal and dealt more severely with Courts.

In many situations, however, a person genuinely attempts to take the BAC test and is unable to do so, regardless, the Court will treat the case as a refusal. It is up to the person being charged and their Los Angeles DUI Defense Lawyer to prepare a strong argument that demonstrates the person's full faith effort to cooperate with officer's requests.

The arresting officer will prepare a report that states the person did not sufficiently provide a sample. There are many reasons a person fails to do so. With a breath test, they may not be able to blow properly, especially if they have asthma or are nervous. A person may not be able to take a blood test if they are scared of needles, or the person gathering the sample is unable to get a measurable sample of blood.

The officer will create a scenario that indicates the driver was uncooperative, that the person was not cooperative and purposely would not provide a sufficient sample. The criminal defense attorney will have to present the facts to the court that proves that it was not the case.

The Los Angeles County DUI specialist will demonstrate that the person provided several samples when asked, regardless of the fact that they were insufficient. The attorney will also show that the person is an upstanding citizen of the community who has always followed the law and has been cooperative with legal obligations. In essence, they must prepare a powerful defense that the person did their best to cooperate with the BAC test, and were unable to do so.

If a person is convicted of a DUI refusal, the consequences are significantly more severe than a DUI without a refusal. The help of a knowledgeable Los Angeles DUI lawyer will assure that the Judge is aware of your full faith effort to comply with officers and that the charge should not have the added enhancement of a refusal. Be sure that you have an experienced attorney to fight for your rights, and assure that you see the most favorable outcome for your case.

The Consequences of a California DUI for an Out of State Resident

Fri, 09 Dec 2011 15:14:31 -0800

Many of our clients are in California on business or vacation and find themselves in some legal trouble. If you are stopped on suspicion of driving under the influence in California, but do not have a California driver's license, you may still face suspension or revocation in your home state.

In 1963, California joined the Drivers License Compact (DLC). The DLC is an interstate compact that essentially proclaims that each person has one driving record and one license. The idea is that any violation that occurs out of state, will be treated in the home state as if it were committed in the home state. The home state, must however, have an equivalent statute otherwise the person cannot be charged.

For example, let's say Dan is on business in California and is driving back to his hotel at night after a business meeting. He is stopped and arrested on suspicion of driving under the influence. The next day, Dan goes back to New York, where he lives and has a New York driver's license. The state of New York, also a member for DLC, will prosecute and try Dan as if the offense was committed in New York, under New York law.

Since then, the United States has adopted the Driver's License Agreement (DLA), although there are only a few members thus far. The goals of DLA are to ensure that each state honors the license issues by other member states. Under DLA, each state is required to:

Require each state to report traffic convictions to the licensing state

Prohibit a member state from confiscating an out of state driver's license

Prohibit jailing an out of state driver for a minor violation

Require each state to maintain a complete driver's history

Many people who live in Los Angeles are not residents of California and are here for school, work or an extended period of time. In these types of situations, their cases will be heard in California. It makes the situation more complicated if the California DMV hearing officer of the criminal judge considers the laws of the state in which the driver is a resident.

An experienced Southern California DUI Specialist has handled many cases in which the clients are not residents of California. It is a common occurrence in Los Angeles, where people are often moving in and out of the state for school and business.

The DUI Lawyer is familiar with the different agreements and compacts between states that will help determine what law will dictate the ultimate outcome of the case. It is beneficial for the driver to have representation by a person who is well versed and familiar with the different laws so that they can argue in favor of an outcome that allows for the lowest penalty possible.

Involuntary Intoxication as a Los Angeles DUI Defense

Wed, 12 Oct 2011 12:32:32 -0800

Many of our clients who are charged with DUIs are certain they do not know how they became so intoxicated. Many do not know how they have such a high blood alcohol level, and many often claim that someone gave them a date rape drug or the like.

The concern many have is if this is a valid defense against being intoxicated. The general requirement for most criminal charges is the element of Mens Rea. Mens Rea means that there was a mental component to the crime and the person who is being charged knowingly committed the crime. In cases of involuntary intoxication, the person does not know they are committing the crime.

The answer to the inquiry is not as simple as one would like. It involves a lot of subjective area, and above all, concrete evidence. The obstacle most commonly found in an involuntary intoxication defense is solid proof that the person did not know they were intoxicated.

Lets say that Danielle goes out with her friends one night and has a drink at the bar that a guy bought for her. The last memory she has is taking the drink and then being arrested on the corner of the street. She claims that she has been giving a date rape drug, because she had nothing more to drink than that one glass, and by itself that glass would not cause her to be as intoxicated as she was.

The problem with Danielle's argument is that it will be difficult to prove. Unless she went and got tested specifically for the date rape drug in her blood system, she will not be able to prove that she was involuntarily intoxicated. If she had submitted herself for a drug test, or a blood alcohol test by having her blood drawn, then there may be a chance that a date rape drug could be detected and introduced into evidence.

Many people often claim adamantly that they had nothing more to drink than a glass of alcohol and there is no way they could have such a high blood alcohol content. Unfortunately, in many cases people do not realize how much they drank, and without proof the Court is very unlikely to take it into consideration.

When a person drinks a drink that brings them to the point of intoxication, they often forget how many drinks they consume. This makes it difficult to separate those that were actually given a drug that caused them to be intoxicated, and those that merely blanked out on the amount of drinks they consumed.

If you believe that you were involuntarily intoxicated, it may be a defense for your case. This type of defense is very difficult to argue but it is worth consulting a Los Angeles DUI Defense attorney to determine how strong of a defense it may be, and what other options you may have. An experienced attorney has dealt with many cases of involuntary intoxication and is familiar with the Judges and Prosecutors in Southern California. They will be the best person to ask about your case.

Los Angeles DUI arrest..What Are my legal Obligations And What is Optional ?

Mon, 10 Oct 2011 21:12:35 -0800

California law requires any person, as a condition of obtaining a California drivers license, to submit to their choice of a chemical test, either breath or blood it stopped by the police on suspicion of driving under the influence of alcohol and/or drugs.

When this law when it was enacted many years ago was talking about a breath test subsequent to a driver's arrest on suspicion of driving under the influence of alcohol or drugs or the combined influence.at that time, for instance, there was only a breath test administered at the police department. Now, drivers are frequently asked at the scene of their stop, too blow into a preliminary alcohol screening device, commonly known as a PAS TEST. This screening device, currently being used by the majority of police departments in Los Angeles has been determined by Los Angeles DUI defense lawyers to lack the accuracy it purports to have.

This test is not required by law, and is used by law enforcement to screen once blood-alcohol level prior to the test at the station, or a blood test typically drawn at a local hospital. Officers rarely, accurately advise drivers stops for DUIs that this test is optional, and not required by law.

Failure to submit this to a preliminary alcohol screening test, has no negative legal consequences, compared to failing to submit to a breath or blood test which includes mandatory jail time and substantially increased license suspension potential.

Another example of commonly misunderstood legal requirements are the field sobriety tests for coordination which are administered two suspected drunk drivers to determine their level of impairment by their performance on a series of coordination and mental acuity. All police officers are trained at the Academy to instruct and evaluate suspected DUI drivers. It's interesting to note since our firm has specialized in DUI defense for over 30 years, that after reading thousands of arrest reports, that they were here to be similar line which like red watery eyes, slurred speech, present in nearly all of these reports.

Drivers are commonly told, that if they pass these fields writing tests they will be free to go. The majority of suspected DUI drivers thinking they are not there submit to these tests, and ultimately build evidence against themselves, since rarely have I seen a driver pass.

It may surprise you, that these field sobriety tests are not mandatory, but are completely optional. There are no negative legal consequences for refusing these tests.

The Benefits of Creative And Skillful Plea Bargaining in a Los Angeles DUI Case

Mon, 03 Oct 2011 20:42:45 -0800

Plea bargaining is simply a negotiation between your attorney and the prosecutor to dismiss or reduce the charges that may be pending against you. These type of negotiations can also be very effective at obtaining dismissals, reductions in penalties like eliminating jail time, in exchange for community service. For example, in a recent DUI case although the prosecutor was demanding jail time, we were able to persuade the Judge to allow our client to be placed on electronic monitoring in lieu of serving time in a jail cell.

In addition, when there are aggravating circumstances presence, the terms that the prosecutor, Judge or legislature dictates, can still be modified by the negotiation and skill of an experienced DUI lawyer to trade-off harsh consequences.

Many new clients, and those potential clients seeking advice on how our firm can assist them view DUI penalties as if they were a specific, set in stone formula, with no room for alteration or modification. People not familiar with this area of the law are very surprised to find out that every legal offense from a DUI case to a manslaughter offense are quoted in ranges, rather than specific finite penalties.

For example, clients are greatly surprised that I may first offense driving under the influence of alcohol, that this misdemeanor carries with it between no time in jail, and six months in jail. It should be obvious by this example that inexperienced Los Angeles DUI attorney has substantial room to negotiate on his client's behalf. Clearly, it is every attorneys priority to maintain his client's freedom and good record at all costs.

Many clients oversimplify the law that they frequently don't fully understand,by making assumptions about the consequences of their case. For example, clients frequently assume that one's blood-alcohol level does not impact the length of a state-mandated alcohol program for anyone convicted of a driving under the influence offense in California. Nothing could be further from the truth.. Programs on first offense is range from three months to nine months. Typically, a three-month alcohol program is ordered for those people with blood-alcohol levels of .14 or under. A nine-month program is frequently requested by the prosecutor if one's blood-alcohol is .15 or more.

Frequently, by strategically having our clients attend Alcoholics Anonymous meetings and obtaining a written sign in sheet prior to negotiating a plea bargain, prosecutors frequently are willing to trade off these meetings and allow our clients to do the short alcohol program which saves our clients hundreds of hours of time, not to mention a lot of money.

Reducing a DUI charge in Los Angeles to a lesser offense through effective plea-bargaining can also avoid the expense and embarrassment of the dreaded ignition interlock device which was ordered on all people convicted of a DUI, and who own the vehicle after July 1, 2010.

Our attorneys frequently hear clients say, is there any difference between being represented by an experienced DUI defense lawyer, a public defender, or just going in on your own in pleading guilty. The answer is clear. Clients always benefit, from the experience and courtroom skill by recognizing the weakness in evidence, the value of strategic building of rehabilitative efforts voluntarily commenced,and the power of effective plea-bargaining with prosecutors who now see our clients not just his case numbers but as real people with much more positive aspects that appears on the pages of an arrest report.

What Constitutional Rights do I give up When I sign a Los Angeles DUI Advisement of Rights

Wed, 07 Sep 2011 23:08:14 -0800

When a person is stopped on suspicion of driving under the influence in Southern California, they will be required to appear before the Criminal judge on a given date to plead their case. If a Los Angeles DUI attorney has been hired, the attorney may appear on behalf of the client as long as it is a misdemeanor DUI.

The first court appearance is called an Arraignment. During the arraignment, the Judge will ask the person being charged if they wish to enter a plea regarding the allegation of driving under the influence. There are three potential pleas that may be entered; guilty, not guilty and no contest.

Anytime a person chooses to enter a plea of guilty or no contest a DUI Advisement of Rights, Waiver and Plea form will be read to them and ultimately signed. On the form there is a section of Constitutional Rights which you must initial as having understood and waiving any of the rights listed.

The first right is the Right to a Jury Trial. The form informs the signer that they are entitled to a fair and speedy trial in which they are presumed innocent until proven guilty beyond a reasonable doubt by a jury of 12 peers. However, when a person pleads guilty or no contest, they are forfeiting this right.

The second right is a Right to Confront a Witness. This gives the person, or a representing attorney, the right to confront as well as cross examine a witness that is testifying as to the accounts from the arrest.

Thirdly, they will be giving up a Right against Self Incrimination. Each person that is arrested on suspsicion of commiiting a crime has the right to remain silent. They have the right to not incriminate themselves.

For example, let's assume that David has been arrested on the suspicion of driving under the influence. The officer asks David if he has been drinking that evening. David has a right to remain silent. He does not have to answer the question. If he were to say that he had drank a couple cocktails, the statements will be used against him court when he is being tried for a DUI case. Instead, David can exercise his right to remain silent and not make incriminating statements.

However, when a person pleads guilty or no contest, they are waiving the Right against Self Incrimination because they are conceding to the fact that they are guilty or do not wish to argue against the charges.

The last right listed on the DUI Advisement of Rights, Waivers and Plea form is the Right to Produce Evidence. The person charged has the right to bring in any witnesses that they wish to testify, as well as any evidence they feel is favorable to their case. However, when pleading guilty or no contest, they are giving up this Constitutional right.
The form will ask that the person understand what the right entails, and that they are giving up this right. All of the form must be read and initialed indicating acceptance of its terms.

If a person feels that they were forced to sign the form, or that they signed the form without understand what rights they were giving up, there may be a weakness in Prosecution's case. Consult an experienced Los Angeles Criminal Defense lawyer to understand your rights, and if they have been violated.

Right to an Attorney when Pleading Guilty or No Contest to a Los Angeles DUI Case

Mon, 05 Sep 2011 12:18:49 -0800

When you have been arrested for suspicion of driving under the influence, you will be given a court date to appear before a Criminal Judge. The law presumes that you are innocent until you are proven guilty beyond a reasonable doubt and it will be the Prosecutor's job to prove that you were intoxicated while driving.

The first appearance made before the Criminal Judge is called an Arraignment. During the arraignment the Judge will read you the charges and will ask if you would like to plead guilty, not guilty, or no contest. If you plead guilty or no contest, you will be read a DUI Advisement of Rights, Waiver and Plea form. You must read this form carefully and initial each statement.

In the form, there is an explanation as to your Right to an attorney. It explains that you have a right to an attorney to represent you throughout the proceedings. This is a right granted to you by the Sixth Amendment of the United States Constitution. This right ensures that each person is protected and properly represented before the Judge when they are being tried for criminal charges. It helps avoid any wrongful judgments being entered because the person being tried improperly handled their case or proceedings.
It is a right that is taken very seriously, and therefore must be read to the person standing before the Judge and they must fully indicate that they understand they are giving up this right.

If a person cannot afford an attorney, an attorney will be appointed to them. Public Defenders working in the courthouse help represent clients who cannot afford to hire a private defense attorney. However, public defenders have a high volume of cases and can only do their best in giving the attention necessary to each one. A private attorney does not have to take every case that comes into their office, they may take on only the amount of cases they can competently handle and provide the best possible representation for.

The DUI Advisement of Rights, Waiver and Plea form also explains that if the person is giving up their right to an attorney and is pleading guilty or no contest, they understand that there "are dangers and disadvantages to giving up [their] right to an attorney, and that it is almost always unwise to represent [themselves]".

This statement is very accurate. Entering a plea before retaining or even consulting with a criminal defense attorney may take away your constitutionally protected rights. A knowledgeable Los Angeles Criminal Defense lawyer has handled thousands of DUI cases and will be able to tell you if entering a guilty or no contest plea is the best option for you. There are many available defenses as well as negotiations that may reduce your penalties or possibly even help dismiss your case.

What is a Los Angeles DUI Advisement of Rights, Waiver and Plea Form?

Fri, 02 Sep 2011 13:02:51 -0800

It is each person's right to be heard by a court of law, and be given a fair trial before they are found guilty of a criminal charge. In interest of these rights, when a person is arrested and charged with a potential DUI, they are ordered to appear before a criminal judge. They will not be found guilty of any criminal charge unless prosecutors can prove that there is guilty beyond a reasonable doubt.

The first appearance is called an Arraignment. During the arraignment the Judge will read the charges and ask if the person being tried would like to enter a plea. You can plead guilty, not guilty or no contest. If you plead guilty or no contest, you will be given a DUI Advisement of Rights, Waiver and Plea form. You will be asked to read over each provision carefully and initial by each statement.

The advisement assures that you are aware of the rights you will be relinquishing when you plead guilty or no contest. It also confirms that you have been advised of the potential consequences you may face as someone who has been found guilty or have not contested driving under the influence charges against you.

The Advisement first and foremost explains to the signer that they have a right to an attorney. If they cannot afford an attorney, a public defender will be provided to them by the government. It also informs the signer that representing oneself has many disadvantages and that it is highly recommended that an attorney represent them.

The second section discusses the different types of charges pertaining to a DUI and the signer is asked to review the charge and the code section and initial in agreement. The Advisement continues to discuss the Constitutional rights a person gives up when they plead guilty or no contest. They relinquish rights to a trial by jury, and they will not have the right to confront a witness. Additionally, by pleading guilty or no contest without any findings from the court, they are giving up their right to self incrimination. And they waive their right to produce evidence so that the facts and evidence can be heard before the court makes a decision.

The form also explains the statutory penalties for each charge relating to a DUI, including reckless driving. It goes through the penalties and consequences so that the court can assure the person pleading has fully understood their rights and the possible penalties.

The Advisement form is a simple 4 page form, but carries with it a heavy forfeiture of rights. Although the Judge will explain each statement in detail, you will not fully understand the consequences that you may face. It is important to consult with a DUI specialist who can provide you with a detailed explanation and discuss with you how to reduce the potential penalties.

What are the DMV Consequences of a Los Angeles DUI Plea of Guilty or No Contest?

Wed, 31 Aug 2011 17:30:21 -0800

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.

What are the DMV Consequences of a Los Angeles DUI Plea of Guilty or No Contest?

Wed, 31 Aug 2011 17:30:21 -0800

What are the Consequences of a San Diego DUI Plea of Guilty or No Contest?

Wed, 31 Aug 2011 17:05:56 -0800

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.

How Does a Refusal Affect my San Diego DUI Case During Trial?

Fri, 19 Aug 2011 18:37:18 -0800

Many of our clients believe that because they have refused to take a Blood Alcohol Test during the time of their DUI arrest, there will not be enough evidence to find them guilty of a DUI. This, however, is not true. A person may be found guilty of a DUI based on the arresting officer's observations and any statements made by the driver.

When a person has been charged with a criminal offense, they have the option to accept a plea bargain made by the prosecutor. A plea bargain is an offer for the person being tried to plead guilty for a charge and in exchange receive a lower penalty. If a plea bargain is taken, the person charged will plead guilty to a charge before the criminal Judge and will be given a lowered sentence. If the charged person does not accept the plea bargain, further negotiations may be made. If there is no agreement, the case proceeds to trial.

Lets say David has been charged with a DUI where he has refused to take any BAC test. Officer's observed him as slurring, smelling of alcohol and weaving in and out of lanes. David believe that because he refused to take the BAC they will have no proof as to his intoxication and the case will be dismissed. Prosecutors offer David a plea bargain. They explain to him that if he pleads to a misdemeanor DUI, they will drop any enhanced penalties because of the refusal, and give him the lower end of the legislative penalty for Driving while intoxicated in California. If David takes the offer, he will go before a Criminal Judge and plead guilty to a DUI, be sentenced and his case is closed. However, if David decided he absolutely believes he is innocent, or that there is not enough evidence to find him guilty, he will proceed to trial.

The mistake many people make in a DUI case is that they believe there is not enough evidence to find them guilty of a DUI when they have refused to take a BAC test. Consequently, they do not take a plea bargain and opt to go to trial instead so that the court can make a finding. When there is a trial for a DUI in which the driver has refused to take a BAC test, the jury receives special instructions when determining a verdict. You can use the refusal as an admission of guilt if the person refused to submit for a BAC test after they were given an admonishment of rights. This assumption may only be used if it was given AFTER the admonishment of rights were read and if they were read properly so that the person understood which rights they were giving up.

Due to the fact that there is an assumption of guilt associated with a refusal in trial, it is in the best interest of a person who is charged with a DUI to retain an experienced San Diego DUI attorney. A knowledgeable DUI specialist will be able to provide a thorough analysis of the facts and determine which course of action and possible defenses will be best for the outcome of the case.