Even if the evidence seems strong, it is often necessary to effectively counter a DUI charge or drunk driving accusation. This is because mistakes may be made by police officers conducting roadside investigations, and breathalyzers and blood tests can be unreliable. Also, some medical conditions can mistakenly result in high readings of blood alcohol concentration (BAC).
A seasoned West Hills DUI attorney in West Hills is adept at seeing and capitalizing on these holes in the prosecution’s case to secure a positive result for their clients. Although a lot of people who have been arrested for DUI might think that the charges against them are solid, this is frequently not the case. A knowledgeable attorney in West Hills, California, can assist you in challenging the facts and putting together a compelling defense.
Attempting to win a DUI defense case is typically preferable to admitting guilt. This is due to a number of things, including the presence of more than 100 interfering compounds or equipment problems, which might result in a false positive on a breathalyzer test. Additionally, blood tests for DUI are inaccurate and can yield different findings when the sample is retested at a different facility.
Additionally, during roadside investigations, police personnel are required to follow a certain set of protocols, although they frequently do not do so appropriately. In a DUI case, any of these elements may present chances to contest the prosecution’s evidence and forge a solid defense.
Most DUI arrests in California start with a checkpoint or traffic stop. The officer may request that you agree to field sobriety tests and blow into a portable breathalyzer during the stop. You will be taken into custody if the police find that you are intoxicated.
At the police station, hospital, or jail, the officer will normally request that you submit to a breathalyzer or blood alcohol test after the arrest. You are required by law to take the test. You might be subject to higher punishments and a one-year license suspension if you choose not to take it.
If you are detained for a minor DUI, you will often be released a few hours after your detention and booking. However, you could have to post bail to be freed if you are detained for a felony DUI or involved in an accident. You will receive a pink temporary license and a citation to appear in court when you are released. Your California driver’s license will normally be taken by the police and mailed to the Department of Motor Vehicles (DMV). The police are not allowed to collect your actual license if you are from out of state and are stopped for a DUI in California.
Starting in 2019, California DUI offenders can now apply for a limited license with an ignition interlock device (IID). A breathalyzer called an IID stops a car from starting if it detects alcohol. If your vehicle is equipped with an IID, you can continue driving with no restrictions if you have an IID limited license. The defendant’s prior DUI history determines how long an IID-restricted license is valid.
If you have been arrested for driving under the influence (DUI) in California, you may be entitled to a hearing with the California Department of Motor Vehicles (DMV) to challenge the suspension or revocation of your driver’s license. This hearing is separate from any criminal proceedings that may be taking place in connection with the DUI arrest.
The purpose of the DMV hearing is to give you the opportunity to present evidence and arguments as to why your license should not be suspended or revoked. The hearing will be conducted by a DMV hearing officer, who will consider the evidence and arguments presented by you and the arresting officer.
If you wish to request a DMV hearing, you must do so within 10 days of your DUI arrest. You can request a hearing online, by phone, or in person at a DMV office. It is important to act quickly, as your license may be automatically suspended or revoked if you do not request a hearing within the required timeframe.
At the DMV hearing, you will have the opportunity to present evidence and arguments in your defense. This may include testimony from witnesses, expert testimony, and other evidence. You may also be represented by an attorney at the hearing.
After considering the evidence and arguments presented at the hearing, the DMV hearing officer will decide whether to suspend or revoke your license. If your license is suspended or revoked, you may be able to appeal the decision to a higher court.
If your license gets suspended in California, you will need to take certain steps to get it reinstated:
It is important to note that the process for reinstating a suspended license can vary depending on the specific circumstances of your case. Remember, driving with a suspended license in California is a criminal offense and can result in jail time, a probation violation, and a longer license suspension.
In California, employing a lawyer for a DUI case can cost a considerable amount of money. There are several factors that can influence the cost of legal representation in a DUI case, including the complexity of the case, the attorney’s experience and reputation, and the location of the case. Some attorneys may charge an hourly rate, while others may offer a flat fee for handling a DUI case.
In general, it is not uncommon for attorneys to charge several thousand dollars to handle a DUI case in California. Some attorneys may charge a retainer fee upfront, which can range from a few hundred dollars to several thousand dollars, depending on the specifics of the case. The Law Office of James E. Silverstein prides itself on being transparent about our costs up front so that you get a clear understanding of what you can expect to pay.
The cost of hiring an attorney for a DUI case may be significantly less than the potential fines and other costs associated with a DUI conviction. If you are facing a DUI charge in California, it is important to consider the potential consequences of a conviction and weigh the costs and benefits of hiring a DUI lawyer to help you dispute the charges.
It is generally a good idea to hire a California DUI lawyer as soon as possible after being arrested or charged with a DUI. This is because the sooner you have legal representation, the sooner your lawyer can begin building a defense and working to protect your rights.
Hiring a California criminal defense lawyer as soon as possible can help to ensure that you are properly advised of your rights and options. It can also help you have adequate time to prepare for your court appearance.
Speak with a DUI lawyer at the Law Office of James E. Silverstein to get a free evaluation of your case and determine your options. There is no substitute for a strong legal defense in a DUI case, so do not hesitate to get in touch and get the help you need.