DUI-Suspended Driver's License
So long as probable cause exists to believe that the defendant was driving while intoxicated, a formal arrest is not a prerequisite to a warrant-less seizure of a blood sample.
DUI Defense Lawyer
From my experience as DUI attorney not all those who are in need of DUI lawyer are alcoholics. Don't panic, not all DUI arrestees end up in jail, Still, Separate from the Criminal Court appearance for the arrest, you must REQUEST A DMV HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing. However DUI can be filed as Felony. Keep in mind Police officer can stop you for any reason, one stopped they look for signs of drug and alcohol influence.
- The old California rule of requiring a valid arrest, even of an unconscious suspect, prior to the extraction of a blood sample was abrogated by passage of Proposition 8, in 1982. Now, so long as probable cause exists to believe that the defendant was driving while intoxicated, a formal arrest is not a prerequisite to a warrant-less seizure of a blood sample.
- If one has been convicted of DUI in CA and in the future has a DUI related accident in which someone is killed, he/she will be charged with murder. The California Supreme Court has affirmed the concept of DUI implied-malice murder in the case of People v. Watson which recognized that a legally intoxicated driver is less able to exercise the judgement and physical control that safe driving requires because someone who knew drinking entailed such impairment but nevertheless drank and drove displayed a conscious disregard for human life. Anyone convicted of a current DUI offense is advised that if he/she continues to drive while under the influence and someone is killed, he/she "can be charged with murder."
If your arrest and loss of driver's license due to Marijuana use the New (Prop. 64) Relief, from Marijuana Convictions and Records may apply, See my Drug Crimes page.
Did you know when you apply for driver's license in CA or renew your license you are automatically agreeing to submit to chemical test of your blood, breath or urine for determination of the alcohol or drug level in your system, per vehicle code§23137 or §23157 the officer is following the law if, based on his suspicion, asks you to submit to test, if you refuse, he will state in his report you “refused to take a chemical test".
DMV Hearing- You have only 10 days
Among the most common reasons a person might be facing a DMV hearing in California is.....
-Fatal accidents -Car accidents -Reckless driving -Speeding -Multiple Serious traffic violations -Numerous traffic tickets -DUI/ Drunk driving allegations - Moving violations -Medical problems-Elderly driver re-examination
When facing this you must REQUEST A HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing.
I represent clients in a DMV hearings. DMV hearing is not a court hearing.
DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.
Court hearing is to determine whether you are guilty of criminal act or not.
Both our State and Federal Constitutions provide that no person shall be deprived of property without DUE PROCESS OF LAW which entitles you to a NOTICE OF THE ACTION DMV intends to take against your driving privilege and an opportunity to be heard (hearing).
Being accused of driving under the influence, can result in loss of your driver's license, increases insurance premiums, and result in jail time and stiff fines.
You might not be able to drive to work. California has strict drunk driving laws, especially for multiple offenses within a ten year period. If there was an injury, the penalties can be severe and it could be filed as a felony.
successfully-repeatedly won the DMV and Criminal courts' DUI cases.
.Driving While Under the Influence Arrests
.Driving While Under the Influence of Alcohol and/or Drugs,when....
.The person was involved in a traffic accident.
.The person is observed in or about a vehicle that is obstructing a roadway.
.The person will not be apprehended unless immediately arrested.
.The person may cause injury to himself or herself or damage property unless immediately arrested.
.The person may destroy or conceal evidence of the crime unless immediately arrested; such as the metabolic destruction of alcohol in a DUI suspect's body (the "burn off" rate) qualifies as the "destruction of evidence".)
.The old California rule of requiring a valid arrest, even of an unconscious suspect, prior to the extraction of a blood sample was abrogated by passage of Proposition 8, in 1982. Now, so long as probable cause exists to believe that the defendant was driving while intoxicated, a formal arrest is not a prerequisite to a warrantless seizure of a blood sample.
To be arrested for DUI in 2017 is very probable due to the required law Blood-Alcohol Levels for an arrest in CA. 2 drinks is enough to secure a DUI arrest.
DUI-IID New 2016 law (Some Judges may start now but this law will not be enforced till 2019)
-1st DUI offense with injury, IID required for 6 months
-1st non-injury DUI offense, the offender may choose to have an IID for 6 months with full driving privileges, or a 1 year restricted license that only allows driving to work, with a treatment program
-2nd DUI offense, an IID required for 1 year
-3rd DUI, an IID required for 2 years
-4th and subsequent DUIs, IIDs required for 3 years
The device costs $60 to $80 per month, with $70-$150 installation fee. Low-income offenders program is included.
"Wet Reckless" Offense - Individuals convicted of a "wet reckless" offense, under CVC §23103, can opt to end their 1-year (APS) administrative per se suspension after 90 days and apply for an IID restricted driver license by providing a:
-Verification of Installation form (DL920).
-Proof of Enrollment Certificate (DL107) or Notice of Completion Certificate form (DL101) for an approved 9-month (or longer) alcohol treatment program.
-Insurance Proof Certificate (SR 22).
-Administrative and all required reissue fees.
-Per California Vehicle Code (CVC) §§14601.2, 14601.4, or 14601.5,DMV is required to impose IID on those who have been convicted of DUI and lost their driving privileges due to DUI.
Iam very compassionate when it comes to our veterans facing legal challenges; because a large number of our troops have served in multiple deployments, suffering from post traumatic stress disorder (PTSD) try to self-medicate with alcohol or drugs, act out their trauma and despair in anti-social ways, or become suicidal.
More than once, Paparian has kept repeated DUI offenders out of jail and helped them keep their driving privileges.