Arrested for Driving Under The Influence/DUI?
The 10 biggest mistakes most people make after
being arrested for DUI.
1. Not taking the matter seriously. This is a charge that
could follow you for the rest of your life, if you are convicted. The Motor
Vehicle Division will keep track of it until you are dead. The additional insurance charges alone could cost you thousands of
dollars. If your your license is taken away, you have to prepay for an SR-22
endorsement to your policy. Your insurance company will also cancel or raise your rates
based on your conviction.
2. Not hiring an attorney and, if possible, a specialist in DUI defense. The law is complex and you need
competent representation. You must raise the right defenses at the right time or
you will lose them. Facts will disappear, memories fade and witnesses vanish. A
winnable case can quickly become a loser. What should you do? You need legal
advice and fast. You want an attorney who knows how to handle your case.
3. Hiring an attorney based on the amount of the fee alone. The
State has almost unlimited resources when it comes to your case. You need to
hire an attorney and pay a fee which will allow him to put time and effort into
your case to counter the prosecution. Attorneys must earn enough in the time
they spend on your case. . If you go too low, your attorney will probably not be able to put in the time
necessary to protect you. Look for a lawyer worth spending dollars with , not the
lowest.
4. Not Fighting the License Suspension. If you do not request a
hearing, you will not be able to drive until after a hearing or for 4 months to
a year. Driving during this time is a serious traffic offense, regardless of
whether you need to drive for work or personal reasons.
5. Driving after your license has been suspended. You have
no right to drive after revocation and driving then is more serious an offense
than your original charge. There are no provisions for you to drive for work or
personal reasons. After a period of time, you may qualify for an interlock
device. If arrested for driving during this time, you may have to post a $ bail
bond just to get out of jail. If convicted, you face days in jail.
6. Assuming the Case Can't be Won.
Assuming that the case can't be won is the number one biggest mistake that you
can make in facing a DUI arrest and charge. It may be that your case may be so
difficult or problematic that you may choose against a Jury Trial, but this
decision should never be made in the blind. You would be amazed at the potential
array of defenses available and the results that were initially unforeseeable,
which ended without a DUI conviction or License suspension.
7. Failing to find out if the Breath Test or Blood Test Rules were followed.
Breath tests and Blood tests can be attacked when it is discovered that the
rules were not followed properly. California has detailed rules which require
how these BAC tests are to be administered and how the devices are to be
maintained, repaired and calibrated. One mistake can be crucial in the defense.
"Mistakes" mean unreliability of the results. Expert review of these
tests are relatively inexpensive given the seriousness of the consequences. One
classic example is the violation of the 15 minute observation law before taking
a breath test. Why would anyone plead guilty to this crime without looking at
the evidence upon which the case stands? Find a lawyer that has experience in
successfully challenging these test results. no matter how high, and find out if
you may avoid a conviction.
8. Fail to appear in Court. The Court will issue a bench warrant for your
arrest and revoke any bond. The next time you are stopped for a traffic
infraction, you will be spending some time in jail and posting a bond for your
future appearances.
9. Talk to anyone but an attorney about your case. Anything you say to
them can be used against you. When you discuss your arrest with friends or
family, you risk turning them into involuntary witnesses against you. It is in
your best interest to remember the details of your arrest. It will help you in
your defense. In any criminal case, you must be represented by a competent
defense lawyer. You may choose a lawyer or risk the consequences of representing
yourself. By hiring an attorney immediately following your citation, you won't
miss any deadlines.
10. Think that talking to numerous attorneys will help you handle it on your
own. If at all possible you need to have an attorney go to Court with you.
Who that lawyer is, and the experience and qualifications of your lawyer is your
choice. Make your best choice and give yourself the best protection you can.
| If you want Mr. Moore "the King" of DUI"
to represent you in Jury Trial, or provide you with a serious defense, he is
available for all California state courts. In DUI
defense, selection of your lawyer makes all the difference. Finding a
lawyer with a significant history of successful defense and committed to
winning against a DUI arrest ,the "impossible" case,
is chancy. Few Attorneys in the state have demonstrated a record of
success in DUI Jury Trial. However, many criminal lawyers accept
these cases anyway. Many even promote and market themselves as DUI
Attorneys without a history of success. Admittedly, a winning history is no
guarantee of success in the future or in your individual case. But you may
want to consider a winning history when selecting your Attorney. You may
wish to consider a winning history as well in selecting your lawyer to defend
against suspension of your drivers license in the Admin Per Se DMV
administrative license suspension hearings. Mr. Moore says: "compare and
beware". It is your choice.
|
Who
is the "man to call" when you really care and will not spare
any expense to get the best? The name in reputation, achievement and
successful experience is Randy Moore. Mr. Moore is called "the King of
DUI" in California. In the lingo of lawyers it is "the King of
Deuces". Not everyone is among the select that retain this DUI
Specialist. However, if you want expert legal help and are willing to pay
for it, he truly is "the man to call".
Consider
the advantage of allowing Mr. Moore to help you with your drunk driving case.
Mr. Moore maintains a Specialty Practice in drunk driving defense and
driver's license hearings representation. Inquiries and Attorney referrals
are welcome. Feel free to call now for helpful free information including
a free telephone consultation and immediate DMV hearing request.
| General guidelines:
what usually happens in an arrest for drunk driving.
|
Traffic Stop --->
FSTs --->
PAS ---> Arrest --->
Breath/Blood BAC ---> APS temp license
If you are "pulled
over" and the officer suspects you of driving under the influence, an
officer usually will ask you to submit to a series of "field sobriety
tests" (FST). If you fail, (and almost everybody does fail) you will be
arrested and taken to a station, and asked to take a chemical test for your
blood alcohol content (BAC). You should be given the choice of taking a blood
or breath, If you refuse to take this test, or don't complete the
test, your license will be subject to a one year suspension. (longer if
prior convictions, felonies, or other factors).
NHTSA study detection guide
describes a set of behaviors that can be used by officers to detect motorists
who are likely to be driving while impaired .
"Likely"?
35% ? 50% ?
65% ? 70% ?
"Probability"
?
These don't sound like BEYOND A REASONABLE DOUBT do they?
The
DWI Detection Guide
Explanations
of the 24 driving cues
Summary
A
description of post-stop cues that are predictive of DWI
The driving behaviors identified by the officers are presented in the
following four categories:
1) Problems in maintaining proper lane position,
2 ) Speed and braking problems,
3) Vigilance problems, and
4) Judgment problems.
The cues presented in these categories predict that a driver is DWI at
least 35 percent of the time. For example, if you observe a driver to be
weaving or weaving across lane lines, the probability
of DWI is more than .50, or 50 percent. However, if you observe
either of the weaving cues and any other cue listed in this booklet, the
probability of DWI jumps to at least .65, or 65 percent.
Observing any two cues other than weaving indicates a probability of DWI of at
least 50 percent, although some cues, such as swerving, accelerating
for no reason, and driving on other than the designated roadway, have single-cue
probabilities greater than 70 percent. Generally, the probability of DWI
increases substantially when a driver exhibits more than one of the cues.
The research suggests that these training materials will be helpful to
officers in:
If the breath or blood test results show
you to have a BAC of .08 percent or more, your license will be taken away on the
spot and will be subject to a four month suspension. You will be given a 30-day
temporary driving permit. You are given 30 days to request a hearing.
However, you want to delay the suspension past the 30 day temp license you
are only allowed 10 days to request an APS administrative hearing to
contest the suspension. Essentially, you want your lawyer to
make the DMV prove it's case and if not avoid the suspension. If you wait until
after the 10 day limit your license will be suspended in 30 days. If this is a
second offense, your license will be suspended for one year. The DMV will charge
a fee of up to $100 to re-issue the driving privilege.
California's DUI laws are
complex, and the enforcement and penalties of these laws can vary greatly from
jurisdiction to jurisdiction. Here are some general guidelines about
penalties, jail, and fines.
California has some of the toughest drunk driving laws in the country. If you've
been convicted of driving under the influence (DUI), the disruption of your
day-to-day life and to your pocketbook can be monumental. As you may know, the State of California has greatly enhanced the penalties
for DUI in recent years.
The first conviction may result in imprisonment,
probation, a substantial fine, and a loss of driving privileges. Normally
your car insurance rates will increase substantially if you are convicted
of DUI. Once the conviction is entered by the Court, it is very difficult
to challenge that conviction after the fact. protect your rights
A second conviction for DUI carries with it a stiff mandatory term
of jail. Subsequent DUI convictions carry even more severe penalties,
including long term jail sentences and permanent revocation of driving
privileges. protect your rights
Many people have entered guilty pleas in DUI cases without realizing
that they are giving up valuable legal rights, and that various legal defenses
may be available to them. The prosecutor must prove a DUI beyond and to
the exclusion of every reasonable doubt. The breath machine might have
been in error, and the results could be challenged. The circumstances of
the arrest might also be subject to legal attack.
It is important for you to consider having a skilled attorney on your side in order
to protect your valuable legal rights. Don't face the State alone.
I've just been arrested for DUI. What
happens now? see
below for
info from the California DMV,
The California Vehicle Code Violations,
and California DUI Law
| Mr. Moore
handles DUI cases here locally and is available for drunk driving defense
and drivers license suspension matters in
all California Courts. Mr. Moore can help you even if you live
out of the area. Click
to see a list of courts which lists Courts where Mr. Moore
represents persons charged with DUI, drunk driving, with a desirable
geographical proximity to his San Jose, Santa Clara County, office. |
You should know there are important
reasons why calling Mr. Moore may be a wise decision for you. These
include
1.) Unsurpassed qualifications and experience,
2.) Expert specialty representation in court and with the DMV license
issues, and
3.) Concerned professional handling of your situation. |
Your
DMV Records
How
a DUI Conviction Affects Your Insurance - http://www.insure.com/auto/duiconviction.html
Information on how drunk driving convictions affect automobile
insurance, from Insure.Com.
| Mr. Moore's "expert specialty representation"
qualifications include: |
-
Over 20 years of specialty
representation of thousands of persons charged with drunk driving (DUI) and
license suspensions.
-
Extensive successful Jury Trial
expertise.
-
Contributing Editor to the book California
Drunk Driving Law (by Kuwatch)
-
Past President and currently on the
board of Directors of the State's Drunk Driving Defense Bar
Organization ("California Deuce Defenders").
-
DRUNK DRIVING SPECIALIST membership
status conferred by California Deuce Defenders.
-
Member of National DUI College at Harvard.
-
Lecturer and Instructor at Harvard
National DUI College on breath testing/breath machines.
-
Certified expert in breath machine
operation.
-
Lecturer and speaker statewide to
local bar associations and attorney organizations on defense of drunk
driving and Admin Per se license suspensions (Bay area, Santa Clara,
Alameda, San Mateo, Los Angeles, San Diego).
-
Extensive successful representation of
clients in Admin Per Se Department of Motor Vehicles driver's license
suspension proceedings.
-
Author of Moore's 1995 Manual
on Administrative Per Se Law and Procedure.
-
Significant appellate experience in
DUI and DMV license issues.
-
International delegate re: drunk
driving including Sweden ; Russia ; and Czech republic.
-
Statewide representation in all aspects of
drunk driving defense.
Mr.
Moore assures the professional and confidential handling of your case. Fees
for services depend upon the individual
circumstances in your case and the specific needs and resources of the client. A
typical case fee for a case which includes criminal
representation through the pretrial stage and representation in the Admin
Per Se license suspension hearing proceedings. Call
(408) 210-6420. or
(408) 298-2000 or 1800 609 1060
Mr. Moore handles DUI cases
here locally and is available for drunk driving defense and drivers
license suspension matters in all California Courts. Mr. Moore can
help you even if you live out of the area. Click
to see a list of courts which lists Courts where Mr. Moore represents
persons charged with DUI, drunk driving, with a desirable geographical proximity
to his San Jose, Santa Clara County, office.
Attorney Randy Moore represents people charged with Drunk
Driving/DUI and other related offenses. If you are facing this serious
charge without a lawyer, and you have not entered a guilty plea, you still have
an opportunity to obtain representation in your case.
I've just been arrested for DUI. What
happens now?
The officer is required by law to immediately
forward a copy of the completed notice of suspension or revocation form and any
driver license taken into possession, with a sworn report to the DMV. The DMV
automatically conducts an administrative review that includes an examination of
the officer's report, the suspension or revocation order, and any test results.
If the suspension or revocation is upheld during the administrative review, you
may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from
the DMV within 10 days of receipt of the suspension or revocation order. If the
review shows there is no basis for the suspension or revocation, the action
will be set aside. You will be notified by the DMV in writing only if the
suspension or revocation is set aside following the administrative review.
At
the time of my arrest, the officer confiscated my driver license. How do I get
it back?
Your driver license will be returned to you
at the end of the suspension or revocation, provided you pay a $100.00 reissue
fee to the DMV and you file proof of financial responsibility. If it is
determined that there is not basis for the suspension or revocation, your
driver license will be issued or returned to you.
The
officer issued me an Order of Suspension and Temporary License. What am I
supposed to do with this document?
You may drive for 30 days from the date the
order of suspension or revocation was issued, provided you have been issued a
California driver license and your driver license is not expired, or your
driving privilege is not suspended or revoked for some other reason.
The
Notice of Suspension that the officer gave me at the time of my arrest states I
have ten days to request an administrative hearing. What is the purpose of this
hearing and what can it do for me?
A hearing is your opportunity to show that
the suspension or revocation is not justified.
For
how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a
blood or breath test, or (if applicable) a urine test, and the results showed
0.08% BAC or more:
- A first offense will result in a 4-month suspension.
- A second or subsequent offense within 7 years will result
in a 1-year suspension.
If you are under 21 year of age, took a
preliminary alcohol screening (PAS) test or other chemical test and results
showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
The
officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a
chemical test to determine the alcohol and/or drug content of your blood. You
did not submit to or complete a blood or breath test after being requested to
do so by a peace officer. As of January 1999, a urine test is no longer
available unless:
- The officer suspects you were driving under the influence
of drugs or a combination of drugs and alcohol, or
- Both the blood or breath tests are not available, or
- You are a hemophiliac, or
- You are taking anticoagulant medication in conjunction with
a heart condition
How
long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of
arrest and you refused or failed to complete a blood or breath test, or (if
applicable) a urine test:
- A first offense will result in a 1-year suspension.
- A second offense within 7 years will result in a 2-year
revocation.
- A third or subsequent offense within 7 years will result in
a 3-year revocation.
If you were under 21 years of age at the time
of being detained or arrested and you refused or failed to complete a PAS test
or other chemical test:
- A first offense will result in a 1-year suspension.
- A second offense within 7 years will result in a 2-year
revocation.
- A third or subsequent offense within 7 years will result in
a 3-year revocation.
How
is the DMV suspension or revocation for the DUI arrest different from the
suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an
administrative action taken against your driving privilege only. The
suspension or revocation following a conviction in court is a mandatory
action for which jail, fine, or other criminal penalty can be imposed.
California
DUI Vehicle Code
(California Drunk Driving Law)
Vehicle Code 23152
Driving Under The
Influence of alcohol ( or drugs)
Violation of 232152 a) or b) is a
misdemeanor crime.
A misdemeanor
driving under the influence charges means that the charge involved no
injury or property damage and the penalty is up to 12 months in County
jail. Minimum with probation is 48 hours in "jail"
(alternative work programs may be available).
A felony DUI (
23153 vehicle code) involves either: 1. injury, or 2.
three prior convictions within 7 years (and other situations).
Penalties could be as much as 12 months in County Jail or years in a
state prison.
VC 23152: Driving Under The Influence:
(a). It is unlawful for any
person who is under the influence of an intoxicating beverage,
or under the combined influence of an alcoholic beverage or drug to
drive a vehicle.
Definition: "under the
influence"
A person is
under the influence of intoxicating liquor when as a result of drinking
such liquor his physical and mental abilities are impaired so that he 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.
Alcohol
or drug influenced driving-
"Under the
Influence"-Defined
(legal-CALJIC 16.831):
A person is [under the influence of an alcoholic
beverage] [under the influence of a drug] [under the combined influence
of an alcoholic beverage and a drug] when as a result of [drinking such
alcoholic beverage] [using a drug] [his] [her] physical or mental
abilities are impaired to such a degree that [he] [she] mo 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.
[If it is established that a person is driving a
vehicle [under the influence of an alcoholic beverage] [under the
influence of a drug] [under the combined influence of an alcoholic
beverage and a drug], it is no defense that there was some other cause
which also tended to impair [his] [her] ability to drive with the
required caution.]
DUI-driving under
the influence Misdemeanor
(legal-CALJIC 16.830):
[Defendant is accused [in Count[s]
_____] of having violated section 23152, subdivision [(a)][(c)] of the
Vehicle Code, a misdemeanor.]
Any person who while [under the
influence of any alcoholic beverage] [or] [under the influence of any
drug] [or] [under the combined influence of any alcoholic beverage and
drug] [or] [addicted to the use of any drug] drives a vehicle is guilty
of a violation of Vehicle Code section 23152, subdivision [(a)][(c)], a
misdemeanor.
[The term "drug," as used
in this instruction, means any substance or combination of substances,
other than alcohol, which could so affect the nervous system, brain,, or
muscles of a person as to impair, to an appreciable degree, [his] [her]
ability to drive a vehicle in the manner that an ordinarily prudent and
cautious person, in full possession of [his] [her] faculties, using
reasonable care, would drive a similar vehicle under like conditions.]
VC23152 subsection (b) states:
(b) It is unlawful for any person who has a .08
percent or more by weight to drive a vehicle.
DUI-driving
with 0.08 percent alcohol
(legal-CALJIC 16.830.1):
[Defendant is accused [in Count[s]
_____] of having violated section 23152, subdivision (b) of the Vehicle
Code, a misdemeanor.
Every person who drives a vehicle
with 0.08 percent or more, by weight, of alcohol in [his] [her] blood is
guilty of a violation of Vehicle Code Section 23152, subdivision (b), a
misdemeanor.
In order to prove this crime,, each
of the following elements must be proved:
1. A person drove a vehicle; and
2. At the time, the driver had 0.08 percent or more,
by weight, of alcohol in [his] [her] blood.
Legal presumptions about levels of alcohol in the
blood are stated in presumptions about under the influence are stated in
another law VC 23155.VEHICLE
CODE SECTION 23152-23229.1 : 25291 bytes.
California Drunk
Driving Law
California State Law
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