Yes, you can beat a DUI charge, regardless of your test results and the legal limit. Legal motions, objections and arguments are a great way to beat a DUI. There are strict rules that control how a DUI case must be handled in court, and, if the rules are broken, a judge can dismiss your case. California DUI laws can be complex and confusing.
In this section, our lawyers break down the rules and explain the process. A good dui lawyer may be able to get the license suspension reduced, or even avoided altogether California DUI cases are rarely hopeless. Breathalyzers and blood tests are prone to error. Medical conditions cause BAC readings to be falsely high.
Good DUI defense attorneys capitalize on these issues to win cases. Most people arrested on a California DUI charge assume that the evidence against them is insurmountable. Our team of California DUI lawyers consists of former drunk driving prosecutors, former DUI enforcement officers, and former police toxicologists. We defend clients throughout the state, including the San Francisco Bay Area, Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange counties.
We handle cases ranging from simple misdemeanor DUI to DUI causing injury, felony DUI, vehicular manslaughter and gross vehicular manslaughter. Regardless of the type of case, we visit the scene, study the training and background of the arresting officers, re-analyze blood samples, examine the maintenance history of breathalyzers, subpoena and question officers at live DMV hearings, and deconstruct the case to find the problems and issues that lead to a successful DUI defense. Motorists typically do not lose their license immediately after a DUI. Instead, they get a temporary license that will give way to a suspended license unless they ultimately win their DMV hearing.
Generally your California DUI lawyer conducts the hearing on your behalf. You may or may not be asked to attend. Your lawyer's main goal is to convince the DMV not to suspend your driving licence. But your attorney can also use the DMV hearing as an opportunity to gather evidence that may be helpful in court.
If you sustain a driver's license suspension, you can usually get a restricted license within 30 days. This allows you to drive to and from work-related activities and any alcohol program imposed by the court or DMV. Sometimes we can arrange to get you a restricted license right away. But you should pay attention to the suspension while it is in effect.
Driving on a suspended license in California is a crime and can lead to jail time, a probation violation and a longer license suspension. If a plea agreement is reached that involves you pleading guilty to a DUI or misdemeanor charge, this can be completed in two ways. You can come to court and plead in person before the judge. Or in many cases, your California DUI lawyer can have you sign notarized documents (called a Thal waiver) outside of court.
Your attorney can then bring the documents to court and execute the plea on your behalf. Every DUI conviction carries a driving licence suspension. But it is generally possible for DUI defendants to continue driving without restrictions if they agree to have an ignition interlock device (IID) installed in their vehicles. To learn about Nevada DUI laws, go to our Nevada DUI laws information page.
Please attach all citations, log sheets, police reports or other pertinent documents, Attach another file if necessary, Attach another file if necessary, Attach another file if necessary, Attach another file if necessary. Vehicle Code 23152a, Vehicle Code 23152b, Vehicle Code 23152(e), chemical test refusals, drug DUI, commercial drivers, carpoolers, out-of-state drivers, underage drivers, prosecution, plea bargaining DUI penalties by county, 1st offense, 2nd offense, 3rd offense, DUI school, probation, ignition interlock devices, SCRAM devices, child in car, speeding, wet reckless, dry reckless, exhibition of speed, immigration consequences, California DUI and travel to Canada Breathalyzer blood tests, preliminary alcohol tests (PAS), field sobriety tests, DUI driving patterns, DUI checkpoints Top 20 DUI defenses, mouth alcohol, blood alcohol spiking, GERD, low carb diets, diabetes, police errors, no probable cause, Miranda violations, the "no DUI causing injury defense, 4th time DUI, vehicular manslaughter, gross vehicular manslaughter, DUI charged as murder Xanax is a drug that can be legally prescribed in California. If a person has a legal prescription for Xanax, it is legal for them to drive after taking the drug, if taken as a medication. However, it is illegal under California Vehicle Code 23152(f) for a motorist to drive under the influence of drugs.
It is often possible to get DUI charges reduced or dismissed. Our California dui lawyers are here to keep you out of jail, and to protect your record and your license. Please complete the form below and we will contact you shortly. The timing of establishing a specific legal defense to the arrest cannot be emphasized enough, as it is essential to retaining the ultimate odds of winning a DUI case of any kind today.
Also, some type of public notification is generally required to inform the public about one of these scheduled DUI checkpoints. The immediate issue that a detention review will address is to mitigate the first DUI, DWI consequences that will occur within days after a detention, pointing out an expert legal defense remedy to avoid a first license suspension for the DUI offense in the time before the DMV license hearing. He had also had a couple of Coronas and several non-alcoholic beers over the course of the day, which explains the odor on his breath - but it wasn't nearly enough alcohol to make him "under the influence for purposes of California DUI law. DUI experts have found that impairment from alcohol and drug use will always first appear as mental impairment.
The initial reason for the traffic stop or arrest of an individual was illegal, prior to being charged with DUI. Today, repeat DUI offenders can expect to face these same penalties and possibly even harsher punishments. The attorney who will review the arrest information presented will use their strong attention to detail to discuss with you how they can defend against the DUI charges and fight to get the case dismissed whenever possible. If you have been charged with a DUI, don't just accept your situation - fight using the best legal defense that works with the best odds of winning in court for your specific arrest scenario.
This should help you have the charges reduced to something less serious, such as reckless driving, have some of the penalties eliminated or reduced and, in the best cases, have the DUI charge dismissed altogether. With proper examination of the facts, such as the time of last drink, how much alcohol a person had, and what DUI tests were used along with other details, it may be possible to prove that a driver was not actually over the legal limit at the exact time they were stopped by an officer. For this reason, no attorney can give an exact percentage of the likelihood that someone will be able to overcome a first DUI offense and keep a license, until they can first review the details of the arrest to find legal problems with the traffic stop or police paperwork. On the other hand, you will also be required to attend an in-person alcohol education program known as "DUI school" for a period of three to 30 months.
While the consequences of the 1st DUI offense listed above may not at first seem that serious, it is important to keep in mind the residual effects today's DUI penalties can have on an individual's life.
