April 5, 2018


DUI – Call (866) 665-2451  (866) No-Jail-1


Driving under the influence (DUI)

When asked what I do for a living, I always get the same reaction. I’m a criminal defense attorney, I respond. Then, without exception, the person that made the inquiry will take a step back, and say essentially the following:
“I am not a criminal so I will not need your services.”

It amazes me how the majority of people think that only hardcore criminals need defense attorneys. This is a common fallacy because not everyone that gets in trouble with the law is a criminal. In fact, you have a better chance of getting a DUI/DWI, than winning the lottery. DUI/DWI is the most common criminal charge brought against people like you and me. If you have been accused of a DUI/DWI in California, the decisions you make now can seriously affect your life. The strength of your defense should be assessed by an attorney who understands the unique facts of your case and knows how the law applies to your circumstances.

If you are pulled over for suspicion of DUI/DWI, you will generally be asked to submit to certain tests at the scene. You will be asked to perform standardized field sobriety tests and also blow into the PAS (Preliminary Alcohol Screening) test. Once you are at the station, you will need to either submit to a blood, breath or urine test.
If you are over the age of 21, you do not have to submit to the standardized field sobriety tests or PAS test. You must submit to either a breath, blood or urine test at the station. Failure to do so will result in an automatic 1 year suspension of your driver’s license as a result of your refusal.

If you are under 21, you do not need to submit to the standardized field sobriety tests; however, you must submit the PAS test. You will also have to submit to either a breath, blood or urine test at the station.

There are some additional things you need to know about a DUI/DWI accusation. A charge of DUI/DWI in California has two different aspects. First, there is the criminal case you must deal with in court. Second, there is the case the DMV will build against you for the DUI/DWI charge. That is, you are facing both criminal and civil charges. That is why you need an attorney that will handle both aspects of your DUI/DWI.

In order for a police officer to stop you, the officer must have probable cause. Probable cause can be enough as a simple vehicle violation like speeding. The right attorney will review all of the evidence the prosecution has against you and determine whether the stop was legal. If I don’t believe that the officer had probable cause to stop you, then I will file a motion in court to suppress the evidence and seek to have your case dismissed.

Things to know about the new 2010 California DUI Laws:
The new laws go into effect January 1st, 2010
After 2009 first time DUI offenders in Los Angeles will get :
Mandatory jail sentences, which will vary from 96 to 6 months in county jail.
A DMV license suspension of up to 6 months.
Monetary fines from approx 400 to 1000, in addition, a penalty assessment may triple the fine.
Mandatory installation of an ignition interlock device (IID) to any car they drive.
Must attend a level one program
3 Years Probation

The actions by the DMV and the Courts are separate cases. It is important more than ever to get the proper representation to defend your rights.