Free DUI Lawyer In California

Reader’s Question:

I’m afraid I’ll lose my license after being charged with DUI here in Downey. How can I avoid losing my license and driving privileges after getting a DUI?

Darren

Downey, CA

A DUI charge in Downey, California would have serious consequences and the penalties if convicted often include losing your driver’s license. The state of California would take away your license on the spot after failing the blood alcohol test during a DUI stop or refusing to submit to it. Whatever the situation is in your DUI case, you will need to find good legal representation. A DUI defense lawyer would the law and your rights.

You have to decide what and your DUI lawyer would argue regarding your need to have your license. Depending on the number of prior DUI convictions, a limited or restricted driver’s permit could be issued. This would allow you to drive to and from work, and sometimes to appointments that are absolutely necessary. You would have to confer with your DUI lawyer as to your best approach. You can also ask the lawyer how you could minimize the effect of a DUI conviction so that your future finances and employment will be affected as little as possible. The DUI lawyer can also give you tips on how to deal with your auto insurance after being charged with DUI and especially if you get convicted.

Reader’s Question:

After being caught drunk driving in Westminster, California, I know that my first concern would be the DMV hearing. What are the issues that are being raised in a DMV hearing that could help me save my license?

Chad

Westminster, CA

After your DUI charge in Westminster, California, the administrative driver’s license suspension began after the police officer took your license away and when you were given a pink piece of paper. The police officer would typically, but not always, check the box for the reason for taking your driver’s license. Usually the reason officer gives would be his belief that you were driving with a blood alcohol content (BAC) level of 0.08, you refused a blood alcohol test or there was a forced blood draw.

The very first issue that is being raised in a DMV hearing is if the officer had a reasonable cause to believe that you were driving a motor vehicle while having a BAC of 0.08% or more. Second is if the arrest or the detention lawful and if you refuse to take the blood alcohol test. It would be important to be realistic about your chances at winning at the DMV hearing because at this hearing, the DMV hearing officer is both a judge and prosecutor. Remember that if the police officer testifies at the DMV hearing, it would be an opportunity to question the officer without him/her being prepared by the prosecutor.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.