If you or a loved one have already been arrested it is essential that you be informed. What can be done immediately after an arrest and how to take action as soon as possible for your own defense is critical information. There is a 10-day window of opportunity to request a hearing with the DMV or your license will be automatically suspended. Knowing what to do first and how to take action will make every difference in your defense.
Driving Under the Influence or DUI investigations are implemented for many reasons. Ultimately, the prosecutor in a DUI prosecution is required to prove each and every element of the offense beyond a reasonable doubt, and in the case of reasonable doubt of the DUI suspect's guilt, a jury must find the driver not guilty.
Many motorists arrested for drunk-driving or driving under the influence of drugs are unaware of the relationship between the criminal courts, the California Department of Motor Vehicles, and their driver's license. The DMV case is more time-sensitive, because a motorist facing a drunk driving charge has only 10-day calendar days from the date of arrest to request a DMV hearing.
Getting arrested on suspicion of a DUI in California can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk-driving case generates two separate cases: in criminal court, and at the Department of Motor Vehicles. A California DUI attorney with experience in drunk driving defense cases can help drivers navigate through both the DMV hearing and the criminal court case.
From getting released from custody, requesting a DMV hearing, or post-conviction relief like expungements, there are many resources available to you to help you navigate being charged with a DUI in California.
Criminal defense attorney Darren T. Kavinoky, and the experienced attorneys of The Kavinoky Law Firm, have a proven track record of success and are committed to providing you with a relentlessly thorough defense. Please contact us for a consultation at no charge.
While facing DUI charges is no laughing matter, watching funny DUI arrest videos can be. It’s estimated there are nearly 1.4 million arrests made per year for driving under the influence in the United States, with alcohol contributing to over …
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Number 1: Riding a lawnmower drunk, Blountville Tennessee In April 2011, Martin Junior McMurray took police on a low-speed pursuit while on his lawnmower. He swerved between lanes and ignored police sirens for half a mile. After the pursuing officer …
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Getting arrested for a DUI in California is a very scary experience. Many times, this is your first arrest and experience with the criminal courts. It is important to hire an experienced California DUI attorney who can navigate through the many nuances of the California …
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Below is the script that I am using for my radio commercial for 1-800-No-Cuffs (1-800-662-8337). I am hoping to be able to reach out and help more people. On average there are roughly 200,000 DUI arrests in California each year. …
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The CHP will be deploying all available officers during their Maximum Enforcement Period this holiday weekend; Friday 6 PM through midnight Monday. All regularly scheduled traffic and patrol officers will focus efforts at stopping and arresting DUI drivers during their …
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If you were arrested for a DUI in California, chances are that you gave a breath test. Many people believe (erroneously) that if the machine says that they were above the legal limit, then they are guilty, and conviction and punishment are inevitable. Thankfully, that’s not the case.
When you had your test administered to you, and under what considers, is only the beginning. Each type of test has its own requirements, too. Regardless of what technology drives the machine, and regardless of where the test is administered, there are many ways to raise doubts about the reliability of the results.
Some challenges relate to the machine itself. Others concern the operator. Still others relate to whether or not the subject is a suitable candidate for breath testing.
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DUI charges can be fought and won. However, every case is different, and there are several alternatives to jail that should be explored if a DUI conviction is inevitable. These alternative sentencing options include:
• Community Service
• Cal-Trans or Graffiti Removal
• Work Furlough
• Private or City Jail
• In-patient drug and alcohol rehabilitation per California Penal Code section 2900.5
What’s right for you and your case, and what is available to you varies greatly, but considering all options available to you is essential.
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All DUI arrests carry with them the possibility of jail, or even prison time. Drunk driving can be charged as either a misdemeanor or a felony, depending on the circumstances, and it would be a significant mistake to think that misdemeanor doesn’t mean jail! By definition, a misdemeanor is a crime that can be punished by a maximum of a year in jail; a felony can be punished by up to a year in jail or a longer term in the state prison.
For felony DUIs involving injury, the minimum on a first offense is five days in jail, and a maximum of 3 years in state prison, though this can go up if there are multiple injured people.
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Arrest information is public information. Gone are the days when a DUI arrest was a private matter. Arrest information is aggregated and sold to lawyers for direct mail marketing campaigns. Prospective employers can run background checks via the Internet. Some counties publish booking photos online, or even in newspapers that can be purchased in convenience stores. Notwithstanding that people who are accused of crimes are to be presumed innocent until and unless the contrary is proven in a court of law, nothing prevents an arrest from being broadcast to the court of public opinion.
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