September 10, 2014

I’m under 21 and was arrested for a DUI in California. Even though my case is “pending”, is my license still suspended?

If the blood results come back at under .01 you may be able to petition DMV for the return of your license. You may also be able to petition for a restricted license if you qualify. But your troubles are not over. “Pending” means that the prosecutor has not filed any charges yet with the […]

September 10, 2014

Does the DMV typically suspend a driver’s license for a DUI – Drugs charge?

The California DMV has two methods for suspending your license. One is through a DMV hearing. The DMV only suspends through this process for a driver who requests a hearing if the driver is 0.08 BAC or higher, not for legal or illegal drugs in the blood. The second method by which the DMV issues […]

September 10, 2014

My girlfriend has been charged with a felony DUI when a person in the other car was injured. Is it possible to have it reduced to a misdemeanor?

DUI’s are charged as a felony if someone other than the driver was injured. It is also the type of crime that can be reduced to a misdemeanor, even if initially charged as a felony. If your girlfriend doesn’t have prior DUI convictions and the person who she hit was not badly injured, his/her attorney […]

September 10, 2014

How long will a DUI conviction be reportable on a DMV driving record?

A DUI conviction can be used a a “prior” DUI for 10 years from the date of the offense for determining minimum punishment in any future DUI case. This means that if you picked up a second DUI within 10 years of the first, it would be considered a second conviction. If it was more […]

September 10, 2014

I was arrested for a DUI with a .11% BAC. What should I expect?

Different counties punish cases differently and some judges punish more harshly than others. Your best course of action is to have your attorney get an indicated sentence prior to entering the plea. Your attorney has more leverage prior to entering the plea, since judges have pressure to move their calendars. Most counties allow you to […]

September 10, 2014

I am 19 and was charged with “minor in possession of alcohol.” What is the possible punishment I face? Will I lose my license?

If you plead guilty to a minor in possession of alcohol, you will lose your driver’s license for one year. Some prosecutor’s offices are more lenient than others. If you can get a conditional plea you may be able to avoid the loss of your license. Usually, a conditional plea will involve you pleading guilty […]

September 10, 2014

What can I do about a Drugs DUI if I was never given a blood test but failed the field sobriety test?

Without a test, it will be nearly impossible for the case to be prosecuted. We say ‘nearly’ because if the officer observed some poor driving, smelled marijuana, and you performed poorly on the the field sobriety tests, a case for “under the influence” could still be charged. However, it will be very difficult to prove […]

September 10, 2014

I am a physician and was stopped and arrested at a DUI checkpoint. What are the implications toward my medical license?

You are correct, this can have an impact on your professional license. You should have an attorney look at every aspect of the situation – including a review of the licensing issues – to reach the best possible outcome. A full review of the cast with an experienced attorney is the best option.

September 10, 2014

Do I need a lawyer for a DUI charge?

An attorney skilled in DUI defense can be of great assistance, even if the attorney is unable to get a dismissal or a “not guilty” verdict. The attorney can work for a more favorable sentence, advise you on the DMV consequences, and represent you at DMV hearings (which a public defender cannot do). A private […]