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Don't assume that the DMV knows that the District Attorney decided not to charge you with a DUI or that the your DUI case was dismissed. The DMV will likely suspend your driver's license anyway if you don't take action in a timely manner.
Did you know that you are usually not under arrest when the officer initially stops you. Therefore, you do not have to answer questions.
In fact there is no requirement that you take field sobriety tests. Nor are you required to take the preliminary alcohol screening (PAS) test usually offered to you at your car. YOU ARE however, REQUIRED TO TAKE THE OFFICIAL ALCOHOL SCREENING TEST (blood or breath) AS DESIGNATED BY THE DEPARTMENT OF MOTOR VEHICLES. In fact if you refuse to take the required test, your license will be suspended. Check the DMV manual.
Driving under the influence refers to driving under the influence of alcohol and or drugs.
Usually a person is charged with both driving under the influence and with driving with a blood alcohol level of .08 percent or higher.
Bear in mind, it is not illegal to drink and drive. That in mind, there are many defenses to the charges. Were you driving? If so, were you stopped for a lawful reason? Did you lawfully consent to alcohol testing? Was the lab examining the results properly licensed? Was the technician who analyzed the sample properly licensed? Was the machine used for the breath test in proper working condition? Was the person operating the machine qualified? Did the operator follow the proper procedure? Since your blood alcohol was not tested at the time of your driving, what was your actual blood alcohol level while driving?
The answers to all of these questions and more help me to get the best result for you. Don't throw in the towel just because you had a drink and got behind the wheel. These cases must be properly defended because they have serious consequences. The more DUI cases in your past, the more serious the consequences. They can involve months in jail and sometimes, state prison time.
Convictions usually result in some jail time, probation, driver's license restriction/suspension, fine, restitution and a drinking driver program. We have successfully defended these cases by preventing the filing of the case, obtaining a dismissal or getting the case reduced to a lesser offense.
We can also represent you at the DMV hearing to try and save your driving privilege. You should request the hearing immediately. DO NOT WAIT UNTIL YOUR COURT DATE TO CONTACT THE DMV FOR A HEARING. Call me once you're arrested. I can fax the request to the DMV for you. Remember, you can always change your mind about contesting DMV action, but you must preserve your right to the hearing first.
DUI cases are far from simple. In my opinion, they should not be tackled without good legal representation.
- Spanish Interpreter
- The services of a spanish interpreter are available free of charge.
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- Competitive Fees
- Our fees are competitive. Payment arrangements are available on a case by case basis. You are generally given a flat fee for specific stages of the proceedings. In misdemeanor cases there is a flat fee prior to trial and a separate fee if the case goes to trial. In felony cases you will be given a flat fee for attorney work through and including the preliminary hearing and a separate fee for work following the preliminary hearing and including trial. That keeps your costs down. If your case doesn't go to trial you don't pay for trial.
- Private Investigator
- The services of a private investigator are also available for a separate fee, should one be necessary.