DUI

An arrest for Driving Under the Influence (DUI) can happen to a driver who carelessly overindulges in alcohol.  If a driver is arrested or convicted of DUI, the driver’s license can be suspended, a fine can be imposed, and in some cases the driver sentenced to jail.  Driving under the influence is defined as driving while under the influence of alcohol or a drug.  “Driving” is volitional movement of a vehicle.  A person is under the influence of an alcoholic beverage or drug when as a result of drinking the beverage or using the drug or both, his or her physical or mental abilities are so impaired that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. 

We will Review and Explain to You the Police Report to Determine the Facts Surrounding the Traffic Stop

If you were arrested for DUI you were probably stopped while driving your car and then interrogated by a police officer.  Police conduct traffic stops and DUI investigations under several circumstances.  A driver may commit a traffic violation, such as speeding, failing to stop at a stop sign, driving through a red traffic signal, weaving in a traffic lane, or driving with a defective head light or tail light.  In other cases, the officer may observe the aftermath of a traffic collision.   After stopping at the scene, the officer may then make observations of the driver’s condition and investigate for driving under the influence. 

The law office will review with you every detail of the police report.

We May Move to Suppress Evidence Following the Traffic Stop

An officer must have probable cause before investigating a driver for DUI.  An officer cannot perform a traffic stop without reason. 

After a review of the arrest report, the Law Office may advise you that a hearing under section 1538.5 of the Penal Code is advisable.  In such a hearing your attorney cross examines the arresting officer on the witness stand as to the probable cause for the traffic stop and the arrest.  If there were passengers in the car the Law Office can interview them as to the number of drinks consumed, the care the driver took when driving and signs of alcohol intoxication. 

The Law Office will Investigate Alleged Signs of Alcohol Intoxication

A police officer investigating a DUI case usually claims that the client displayed signs of alcohol intoxication such as red watery eyes, a slurred voice and an unsteady gate.  The law office can interview any available witnesses who can testify to the amount of alcohol consumed prior to the driving, the nature of the driving, and the driver’s appearance and steadiness while walking.  The office can obtain video camera footage of the arrest made by the police officers’ auto and body cameras.  These videos may contradict the report of the officers regarding the driver’s signs of intoxication such as ability to walk normally.

Our Office will Review the Field Sobriety Tests (FST’s) Administered by Police

After the traffic stop, the driver is usually asked to perform field sobriety tests.  The police often conduct several standard field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA), and there is a standard for evaluating each test.  Police often administer tests not officially recognized by the NHTSA, and this should be commented on at trial. 

Camera footage of the arrest made by the police officers’ auto and body cameras may contradict the report of the officers regarding the performance of the FST’s.

Our Office will Review the Results of the Chemical Tests

If the officer believes the driver failed the field sobriety tests, the client will then be asked to take a chemical test.  State law requires drivers to take such a test, and refusal to take a test may result in penalties, such as suspension of the driver license and comments at trial on the refusal.  If the driver fails the chemical test, the prosecutor normally files a criminal complaint, and the client is notified of a court arraignment date. 

The Law Office will obtain accuracy reports and logs of the instruments used to test the driver to confirm the equipment was operating normally.  If there were abnormalities in the equipment at the time of the tests, the test results can be challenged. 

The Law Office will Investigate the Scene of the Arrest

Your attorney will visit the location of the arrest to determine whether there statements made by police in the report are unsupported by evidence.  Photographs will be taken. 

The Law Office Can Obtain Personnel Records when Necessary

In some instances, if the client is certain that the officer is falsifying evidence contained in the arrest report, the defense attorney can file a Pitchess motion to obtain copies of the officer’s personnel records for the court to review prior instances of falsifying arrest reports. 

We will Advise you about Possible Pleas to the Charges

If after discussing the matter with your attorney, the client wishes to enter a plea of guilty, the attorney will discuss possible plea settlements with the prosecutor  including the minimum sentence, possible, the lowest possible fines and the shortest possible alcohol programs. 

We will Plan and Conduct a Trial if Recommended

If the client wished to proceed to trial, the Law Office will discuss the likelihood of a not guilty verdict, trial strategy and trial preparation including potential witnesses and whether the client should take the stand. 

The Office Represents Clients at DMV Hearings

At the time of a DUI arrest the police will seize a driver’s license.   The Department of Motor Vehicles provides administrative hearings to review the suspension of the license.  We represent clients at the hearing.

DUI Penalties

First DUI Arrest

For a first DUI conviction, the court will sentence the driver to thirty-six months of summary probation, a fine of $390 to $1,000, a three month or longer alcohol or drug treatment program, and a six-month driver license suspension.  In some cases the court may allow the client to install an ignition interlock device and apply for a restricted driver license. 

Second DUI Arrest

For a second DUI conviction, the court will sentence the driver to thirty-six months  or more of summary probation, a fine of $390 to $1,000, 96 hours of jail, an 18 month to 30-month  treatment program, and a two-year driver license suspension.  In some cases the court may allow the client to install an ignition interlock device and apply for a restricted driver license. 

The prior conviction must be proved by the prosecution, normally with a court certified copy of the prior.  In addition, prior convictions can be challenged on constitutional grounds.  For example, the defendant must have been advised of all his rights prior to the plea. Your attorney can advise you on this matter. 

Third DUI Arrest 

For a third DUI conviction, the court will sentence the driver to thirty-six months or more summary probation, a fine of $390 to $1,000, 180 days to 1 year of jail, an 18 month to 30-month  treatment program, and a three-year driver license revocation.  In some cases the court may allow the client to install an ignition interlock device and apply for a restricted driver license. 

The prior conviction must be proved by the prosecution, normally with a court certified copy of the prior.  In addition, prior convictions can be challenged on constitutional grounds.  For example, the defendant must have been advised of all his rights prior to the plea. Your attorney can advise you on this matter.