Free DUI Lawyer In California

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Reader’s Question:

My teenage daughter has been charged with DUI here in California and this is actually already her second arrest. The first charges were actually dropped but we know that it’s not always gonna be the case. If she gets convicted, what are the possible penalties that she could have?

Izza

Anaheim, CA

The penalties for minors (under the age of 21) who are convicted for DUI are stiffer. The State of California strictly implements its zero tolerance law wherein a blood alcohol content (BAC) of 0.01% for a minor would get him/her arrested for DUI. Because of your daughter’s DUI in California, if she gets convicted, her driver’s license would be suspended for a period of one year and this would be before the court penalties would be imposed upon conviction, but she could get a temporary license for 30 days. She is entitled to request for a hearing at the Department of Motor Vehicles (DMV) to see if the evidence would confirm that her BAC has been at least 0.01% at the time of driving.

Since this would still be considered as her first DUI if she gets convicted, she would have a mandatory alcohol education that would be ordered by the court. If she gets enrolled with the program, she could apply for a restricted license that would allow her to drive to and from work and to and from her DUI program classes.

Reader’s Question:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.

Reader’s Question:

I have been driving for a long time and this is the first time that I was charged with a criminal traffic offense that’s why a DUI charge is very new to me. What do you think is the first thing that I would so after being arrested for DUI in California?

Daisy

El Monte, CA

One of the fundamental rules that you should do after being arrested for DUI in  California is to request for an administrative hearing with the Department of Motor Vehicles (DMV) within 10 days upon your arrest. If you miss to request for the DMV hearing, you could lose your driver’s license for four months or so after 30 days. What’s even worse news is that the DMV hearing is entirely different from the criminal court trial. There would be no prosecutor at a DMV hearing and it is more often easier to “win” the defense at the DMV hearing than at the court trial.

With the knowledgeable guidance of a highly experienced DUI defense lawyer, you would be taken through the complicated process of a DUI case step by step. I tell you that you would not miss the deadline by which you must request the DMV hearing wherein you could risk losing your driving privileges for a certain period of time. Also, you would actually know when, where and how to file the required SR22 form from your insurance company.

Reader’s Question:

Is it true that having even just a glass of wine or a bottle of beer and then driving afterward can already have you arrested for DUI in California?

Mill

Concord, CA

It depends in if you are a minor and under what state you are in. In your case there in Concord, California the answer is yes, it is possible for you to be convicted of DUI even if you have consumed (in your opinion) a small amount of alcohol. It all depends on the result of the Blood Alcohol Content (BAC) test and the level of suspicion of the police officer who have pulled you over. California has one of the strictest laws in the nation governing underage drinking, so anyone caught under 21 and has had a BAC result of 0.01% or greater will face a DUI charge. If you resulted with a 0.05% or greater then you can be arrested and be subjected to two charges, one for underage and a regular DUI charges as well.

To put things in perspective, for most people drinking a 12-ounce beer or one 4-ounce glass of wine or one 1.25-ounce of liquor will already tip your BAC result to over 0.01% to near 0.05%. If this happens to you, you are looking at a one year driver’s license suspension and any subsequent violations and convictions will lead to even more sever punishments, including fines up to the thousands and even jail time. Similarly, individuals who refuse to be tested will mean an automatic suspension of his or her license as well. In some cases, however, if you are 18 or over and have had no prior convictions, you may be able to just attend a 12-hour class regarding safety and alcohol or drug abuse.

Reader’s Question:

It would seem fortunate that even though I have risked drunk driving so many times, I have never been caught by a police officer here in California. I try so much not to do it but it seems unavoidable and maybe I would still keep on doing it until I get caught. If I will be stopped for a DUI suspicion, what are the things that I would have to keep in mind?

Marty

East San Gabriel Valley, CA

If you get arrested for DUI in California, the worst thing you can do is aggravate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

You have to keep in mind that you should discuss your case with the arresting officer and limit the information you give to what is necessary. This would include your name, permanent address, birthday, etc. Don’t answer any questions related to the arrest and don’t tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have to exercise your right so remember that you have the right to speak to an attorney before you say anything to the police.

Stay calm and don’t resist even if you think you are innocent because everything that you say or do can be used against you. Don’t attempt to run and always keep your hands where the arresting officer can see them. Contrary to popular belief, you can actually refuse to take any chemical test (blood alcohol content or BAC test) until you have spoken to your attorney. You also have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

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.

Reader’s Question:

My boyfriend was recently charged with DUI here in Pasadena California. They say that breathalyzer does not give an accurate readings all the time. If I will be pulled over for a DUI suspicion, do I have a choice in the matter of taking a chemical test?

Angelina

Pasadena, CA

In the state of California, the two most commonly administered chemical tests are blood and breath tests. Although that accuracy of the breath test is being challenged by many scientists because of may determinant factors. If breath and blood samples are unavailable, or if the arresting officer is suspicious of drug use, a urine test can be taken. A significant fact that many officers fail to inform the suspect is the option to have a blood test taken after the breath test. The reason for this is that the breath test sample will not be available for the defense later on.

Among these three chemical tests, blood samples are typically the most precise. The technology used for breath tests are notorious for errors and flaws that cause unreliable test results. The least trustworthy of the three is urinalysis.

Reader’s Question:

My son was arrested for DUI in California for the 2nd time and I am determined to do anything to keep him out of jail. My main concern is the fees for legal representation. How much does it cost to get a lawyer who would defend my son?

Christine

Oakland, CA

The cost of a DUI lawyer in California will differ much between the amount of experience, the reputation, and the location of their practice. It is usually true that the more experienced and bigger the city is, the higher the costs of the lawyer.

The fees range from $500 to $15,000 or more, of course, all depending on the details of the lawyer and the case. If a lawyer is located in a smaller, less populated community, the charge could be $500 to $1000. Generally, an experienced DUI lawyer in California with a good reputation charges $5000 to $8000. Although this fee does include the DMV license hearing.

The overall fee also varies by few other factors such as:

• Expenses like service of subpoenas, independent blood analysis, expert witness fees, and other such evidence might be extra.
• Administrative license suspension procedures can also be included as extra fees.
• If the offense is a felony or simply a misdemeanor can affect the charges.
• If your son has been allegedly convicted of previous crimes, the additional procedures involved in taking care of these charges may have extra fees.

The lawyer may request a retainer in advance or or just charge a fixed fee, which includes all expenses. You may ask for a written agreement that will document all fees. It is very significant that you follow all of the terms the lawyer requests of you before you make any decisions.

The cost of DUI in California is enough to give you a heart attack. After you have forked over the money for your bail, your attorney fees, your car insurance premiums, your fines, your fees for reinstating your license, your court charges; after you have possibly lost your job or in any case lost a certain amount of time at work while you were in court or in jail; the cost comes out to around $20,000 for the typical person. Of course, this can be higher or lower depending on the severity of your case, your sentence, your job, and the state where you live in.

One of the things about the cost of DUI in California which you can control is the insurance and the attorney. The most important thing to do if you want to save money on these is for you to shop around. Ask several CA attorneys for quotes on their services and compare them, while comparing the quality of the attorney as well.

You can compare rates for DUI car insurance as well, and you can also drive less, get discounts, cut coverage, raise your deductibles, among many other things you can do to save some money.