DRUNK DRIVING DEFENSE
909 482-1274 427 Yale
Ave, Claremont CA 91711
CAUTION! YOU (OR YOUR ATTORNEY) MUST CONTACT CALIFORNIA DMV
WITHIN 10 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO CHALLENGE
DMV'S SUSPENSION OF YOUR LICENSE FOR DRUNK DRIVING.
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We are experienced Drunk
Driving Defense Lawyers.
If you have been arrested in
California for Drunk Driving (commonly called DUI or DWI ) you have
undergone a very unpleasant and confusing experience. This site is
to help you understand some of the issues involved in Drunk Driving
cases, and to inform you that although you are charged with a
criminal offense, you do have options and defenses available.
Drunk Driving is a
serious criminal charge, and we recommend that no one represent
themselves in such a matter.
Often, the Drunk
Driving defendant need never appear in court if represented by an
experienced Criminal Attorney; this includes out of State and
International drivers.
Please see our
Criminal Law
page for Trial results in Drunk Driving cases and check Attorney
Doug Allen's
unique background. Even if you decide against
retaining our services for your drunk driving matter, Please
seek legal counsel experienced in Drunk Driving cases for advice.
Under California Drunk
Driving law, a person is presumed to be under the influence of
alcohol for driving a motor vehicle if their blood alcohol test
shows a level of .08% or greater. This blood alcohol level for most
people is not an indication they were drunk. Whether or not you
personally are impaired at this level is not material to proving the
charge.
Proving a driving
under the influence case, on the surface, is not a difficult one for
the prosecuting attorney. A prosecuting attorney must prove (1) you
were driving a motor vehicle, and (2) your blood alcohol level was
at .08% or greater, or, (3) that you were impaired.
Allen & Ehrle
has represented hundreds of clients charged with Drunk Driving in
Southern California and the Inland Empire. We are familiar with the
court systems, judges, prosecutors and policies throughout the
area.
PENALTIES
A conviction of Drunk
Driving for a first offender carries the possibility of up to six
(6) months in jail, a $1,000 fine, or both.
Additionally, probation is usually required, as well as an alcohol
education program which is required as a condition of probation. A
license restriction may be imposed by the Court, and your car can be
ordered impounded. Your insurance rates will increase dramatically,
or you may be "cancelled". If you drive for a living, you may lose
your job.
For second and
third offenders, the situation is much more serious. Depending
upon the county in which you are arrested, convicted second
offenders can expect to spend time in jail. Often the jail sentence
can be negotiated to be on week-ends to allow a person to continue
their job. Alternatives to actual confinement, such as working on
public works projects, or the "house arrest" program, are possible.
The Department of Motor Vehicles will automatically suspend your
license if they have evidence you were driving under the influence
of alcohol. No doubt the police have taken your license and given
you a DMV form that acts as a temporary license and "explains" the
hearing process. For the first offender, this mandatory DMV
suspension is 120 days, but can be reduced by entering an Alcohol
Education Program.
If you refused a chemical test, or have been previously convicted of
driving under the influence within the past seven (7) years, the DMV
will suspend your license for at least one (1) year. The DMV
proceeding is separate and apart from the Court proceeding. Our
office provides complete representation at all DMV proceedings and
will aggressively seek to protect your driver's license. Please see
our DMV page
for more
detailed information.
WHAT WE DO
Every Drunk Driving
case is unique, and each has its own facts. In order to thoroughly
defend each of our Clients, in every case we:
-
Carefully review
police reports for errors, omissions and inaccuracies;
-
Examine all "search
and seizure" issues- Was the stop of your car lawful? Was the
detention lawful? Were you detained too long before arrest? Was
there probable cause to arrest you?
-
Determine if the
chemical test was properly administered in compliance with
California law;
-
Subpoena the
maintenance and calibration records of breath test machines used
in your case;
-
Subpoena the
officer's training records to ensure he or she has been properly
trained in the use of the breath test machine;
-
Obtain an
independent Lab test of any blood sample to be sure the test
result provided by the police is accurate, that the sample is
properly preserved, and that it has not been contaminated;
-
Fully advise you as
to all issues listed above, and determine if a trial or negotiated
settlement makes most sense in your case.
As you are no doubt
aware, public opinion has turned against persons charged with Drunk
Driving over the past years. Prosecutors are under pressure to "get
tough" with DUI defendants, but juries will acquit Drunk
Driving defendants under proper circumstances.
This Web page is in no way meant to give legal advice or substitute
for your consultation with me or another Attorney. It is to help you
understand the general implications of the offense in which you are
charged, and to explain that the Court proceeding is separate and
apart from the DMV proceeding.
Please consult an
experienced Lawyer for your DUI case. Do NOT plead guilty without
good legal advice and a complete investigation of your case.
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