Driving Under the Influence- DUI

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.   more

If you have been arrested in California for driving under the influence of alcohol or drugs, (commonly called drunk driving, 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 DUI cases, and to inform you that although you are charged with a criminal offense, you do have options and defenses available.

Bob Ehrle represents our DUI Clients.

DUI is a serious criminal charge, and we recommend that no one represent themselves in such a matter.

Often, the DUI defendant need never appear in court if represented by an experienced Criminal Attorney; this includes out of State and International drivers.

Please see below for Trial results in DUI cases. Even if you decide against retaining our services for your drunk driving matter, Please seek legal counsel experienced in DUI cases for advice.

Under California DUI 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 driving under the influence of alcohol and/or drugs 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 DUI 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 DUI 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.

DUI RESULTS

• DUI- Motion to Suppress evidence granted and case dismissed after our traffic expert established unlawful stop by sheriff's deputy;

• DUI- 3rd Offense; Dismissed after Motion alleging violation of "speedy trial" rights granted.

• DUI -chemical test refused; Jury Trial; Not Guilty of DUI; guilty of driving on a suspended license.

• DUI, Racing, Under the Influence of Drugs; Client deemed "Factually Innocent" of DUI and drug influence, Racing charges dismissed, Plea to speeding, fine only.

• DUI (3^rd Offense)- Previous Attorney negotiated guilty plea with 180 days in jail - Plea withdrawn - Dismissed on day of trial.

• DUI- Client pled guilty to running a red light, DUI dismissed

• DUI- Second offense; Reduced to reckless driving, no jail, no license loss;

• DUI- Client pled guilty to unsafe lane change, DUI dismissed.

• DUI- "No Contest"  Plea to non-alcohol traffic offense after discovery revealed problems with blood sample.

• DUI- Jury Trial; Case dismissed after Arresting Officer's testimony.

As you are no doubt aware, public opinion has turned against persons charged with DUI over the past years. Prosecutors are under pressure to "get tough" with DUI defendants, but juries will acquit DUI 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.