DUI

The consequences of a DUI conviction are very serious and the penalty for a DUI can be very severe, even if it is the first DUI. If you or anyone you know has been accused of drunk driving, it is important to be represented by a qualified DUI defense attorney that understands the complex DUI laws in California.

The prosecution must prove that at the time of driving, you were under the influence or above the legal limit of 0.08% BAC.

A California DUI / DUI arrest actually generates two separate cases – a Department of Motor Vehicles case and a court case. An individual facing a driving while intoxicated charge has only 10 days from the date of arrest – including weekends and holidays – to request a DMV hearing, or risk having his or her license automatically suspended.

A California drunk driving court case begins with arraignment. The driver will be asked to enter a plea of guilty or not guilty. Every experienced criminal defense attorney will advise his or her client to plead not guilty at arraignment until the facts of the case can be examined and an appropriate defense strategy established.

There are many proven defense strategies available to effectively fight a drinking and driving charge, and many good reasons to fight a drunk driving charge in court. Some drivers fear that a DUI / DWI arrest means an automatic conviction, but that’s simply not true. It’s possible to fight and win a drunk driving case with the help of experienced legal counsel.

It’s possible to win both in court and at the DMV hearing to determine driver’s license status, but these procedures are extremely complex, and the cost of losing is high. An experienced California DUI / DWI criminal defense attorney can develop an aggressive strategy to attack both the court case and the DMV action.

Attacking the Field Sobriety Tests

Many times, police officers fail to conduct proper investigations. These tests are performed by the side of uneven roads, at night, in busy traffic, by a nervous person unfamiliar with the process. Therefore, it is vital to attack the field sobriety tests.

Blood and Breath Evidence in DUI Cases

Blood and breath evidence is collected by police officers after you have been arrested. There are not any tests that are 100 percent accurate, and even if the test is close to accurate, it cannot tell what the alcohol level is at the time of driving, only at the time of the test.

DUI Enhancements

You could receive additional punishment if you have enhancements attached to your DUI, especially a high blood alcohol concentration level, speeding, or children in the vehicle. If you refused a chemical test or have multiple DUIs, the Court will increase the punishment. You may be required to install an Ignition Interlock Device on your vehicle, and a long suspension will result.

DMV Hearings

If you are accused of a DUI, the Officer is required by law to give you an Order of Suspension and/or Revocation. If you are arrested for a DUI, the police officer will issue you an Administrative Per Se Driver’s License (pink form). When you receive this notice, you must request a hearing within 10 days . Failure to do so will usually result in a suspended license.

Felony DUI Cases.

There are different circumstances where a DUI can be a felony. If someone is injured or killed as a result of drunk driving, you may be charged with a felony. You can be charged with a felony if you have multiple DUIs in a 10 year period. Additionally, if you were previously convicted of a felony DUI, the District Attorney will most likely charge you with another felony, even if there are no aggravating factors.

DUI Accidents and Hit & Run .​

When a person is involved in a vehicle collision, he or she is required to stop. If an accident occurred as a result of a DUI, the prosecutor can charge the driver with felony DUI if there is injury or death.

Retain an Experienced DUI Law Firm.​

When an important decision to hire an experienced DUI and Criminal Defense Lawyer is required, make sure you make the right choice by retaining the Law Office of Glen T. Neal to defend you. We will make sure all your questions are answered and do our best to obtain the most favorable results for your case. Contact us for a free consultation.