INVESTIGATION
A DUI investigation is about more than just the police reports. We look at the entire body of evidence available on each case so that we can appropriately advise our clients.
Should we hire an expert? Have we obtained all of the evidence? Can we obtain a portion of any blood sample for our own analysis? Should we engage our investigator? Was the police officer properly trained to use the testing equipment? Is the license for the crime lab current? Did the police officer and/or criminal analyst follow the operating manual for the testing machine? How many people were testing at or near the time as our client? Do we have the maintenance records available for the testing apparatus to make sure the machine was even working properly? Do we need to go to the scene for a more thorough inspection? Are there any witnesses to interview? What is recorded on the police dispatch tapes? Do we need a mechanical inspection of the vehicle? If there was an accident, do we need to consult with an accident reconstructionist?
A DUI case is about more than just being pulled over by the police. We take the time to uncover all of the information available to help guide you through the process.
DMV HEARING
From the date of arrest, you have 10 days to contact the Department of Motor Vehicles Office of Driver Safety and schedule an administrative hearing. Typically we will contact the DMV and schedule the hearing the very same day you retain our firm. Once we have scheduled you hearing, the suspension will be “stayed” until we have a chance to contest the allegations. It is not uncommon for the DMV to extend your hearing well past the initial 30 days.
The DMV hearing officer acts as the prosecutor, judge, and jury, ultimately making the final determination regarding the outcome of the hearing. Additionally, if it is determined that you willfully refuse to submit to a chemical test, the DMV will automatically suspend your driving privilege for 1 year.
Both sides can offer witness testimony, documents, lab reports, and the opinions of experts. If the DMV hearing officer rules against you, you must appeal the decision to the DMV in Sacramento or in some cases file a writ with the Superior Court.
If the appeal process is not successful, the other way to have the DMV hearing result set aside is by an acquittal or a finding of actual innocence on the criminal charge directly related to driving with a .08% or above.
It is imperative that you contact us immediately so that we may schedule your hearing before it’s too late. If you wait too long, the DMV will automatically suspend your driver’s license for a four month period.
FIRST OFFENSE
A first offense DUI conviction is punishable by a minimum of 96-hours in jail and up to 6-months. Additionally, there is a fine in the minimum amount of $390 and up to $1000. Your license to operate a motor vehicle will be suspended between 4 to 6 months and the DMV will not reinstate your license until you provide proof that you have completed an alcohol treatment program. You may be entitled to receive a restricted license so long as you provide proof to the DMV that you have insurance, have enrolled in an approved alcohol program and pay a re-issue fee.
If your blood alcohol was .20% or greater, you will be required to participate in an alcohol education program for a minimum of 9 months. If it is determined that you willfully refused to submit to a chemical test, your punishment will be enhanced by an additional 48 hours in jail. If you have a commercial driver’s license, it will be suspended for a period of 1 year for a first time DUI conviction. If you are under 18 years old, the term of the revocation shall last until you reach the age of 18 or for 1 year, whichever is longer.
SECOND OFFENSE
Jail: Up to 1 year in county jail.
Fine: Not less than $390 nor more the $1000 plus additional penalties and assessments.
Treatment Program: Level II: 18-month long program
Drivers License: Suspended for 2 years.
Restricted License: Available after 12 months of suspension.
Vehicle Impoundment: 30 days at owner’s expense.
Refusal: 1 additional year suspension.
Commercial License: Lifetime revocation.
Ignition interlock device must be installed for issuance of a restricted license.
THIRD OFFENSE
Jail: Not less than 120 days nor more than 1 year.
Fine: Not less than $390 nor more the $1000.
Treatment: 18 month or 30 month program
Driver’s License: Revoked for 3 years.
Restricted License: Eligible for non-commercial privilege after 12 months.
FELONY DUI
Jail: Up to 3 years in state prison.
Fine: Up to $10,000 and some additional court fees/fines.
Driver’s License: Revoked for 4 years.
Ignition interlock device must be installed for issuance of a restricted license.
Designated a habitual traffic offender for a period of 3 years.
DUI WITH INJURY/VEHICULAR MANSLAUGHTER
Cases involving death or injury are some of the most difficult cases to handle. The victims are always innocent strangers or close friends with the accused which greatly increases the anger and degree of tragedy which the district attorney in turn focuses upon the defendant. This type of offense impacts the community unlike any other. Under some circumstances the driver may even be charged with second degree murder, thus invoking a 15-year to life state prison sentence.
We have the necessary experience to handle these types of cases for our clients. Call us today to discuss your case. Timing is crucial and the sooner we can get started the greater your chances of a positive outcome.
