 Our experienced criminal defense attorneys will effectively represent you in your criminal and DMV DUI proceedings. We will work diligently to reduce the charges against you to wet reckless or reckless driving.
At Gupta & Trujillo, our dedicated criminal defense lawyers will assist you with your DUI charge throughout Southern California, including Orange County, Los Angeles County, Riverside County, the Inland Empire, and San Diego County. Contact our office for a free consultation.
In a concerted effort to reduce drunk driving, California has imposed strict laws against drunk driving, also known as driving under the influence (DUI). The consequences can be severe:
- You may lose your driver’s license;
- Pay heavy fines;
- Have your vehicle impounded; and
- Even receive a jail sentence.
DUI convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact Gupta & Trujillo as soon as you are arrested for driving under the influence.
Our law firm understands the anxiety and fear one feels after being arrested for drunk driving and we will diligently represent you to ensure the best possible resolution for your case. We have a thorough understanding of sobriety tests and law enforcement protocol which can be part of an effective and comprehensive defense against the DUI charges you face. During our initial consultation with you, we will determine if:
- There was police error;
- Field sobriety test errors;
- Inaccuracies;
- Failure to follow proper protocol; or
- Administrative errors which may prove your innocence or lead to the dismissal of charges by the prosecution.
DUI cases are complex and the laws which govern them vary dramatically depending upon the municipality in which the charges are filed. Our attorneys are well versed in all local and state-wide DUI regulations and have experience interacting with police departments, prosecutors and the department of motor vehicles. If you’ve been arrested for a DUI, contact our law firm today to speak with one of our knowledgeable attorneys who will fight on your behalf to ensure your DUI arrest does not turn into a conviction.
DUI Charges
It is important to understand the DUI process and the possible ramifications. It is illegal for any person to drive a vehicle under the influence of an alcoholic beverage, any drug, or both. Even if the person is not technically under the influence and “feels fine,” having a blood-alcohol level (BAC) of 0.08 percent or more violates California Vehicle Code §23152.
NOTE: the BAC levels for DUI are different if you are a minor (0.01) or driving a commercial vehicle (0.04). If you are a minor or the driver of a commercial vehicle, contact our office for a free consultation.
The DUI Process
Typically, a driver is pulled over by a Police Officer or California Highway Patrol for a traffic violation, such as speeding, driving erratically, or any other traffic violation. Other times, a driver may go through a DUI checkpoint. After a detention, the officer will ask for the driver’s license and registration. Without being notified of the right to attorney and typically without anything remotely resembling a Miranda warning, the officer will begin to interrogate you, the driver, trying to get you to make incriminating statements that can later be used against you.
In addition, the officer may subject you to field sobriety tests. Typically, these will include:
- The “Walk and Turn,” (involves walking a few paces, heel to toe and then turning around and doing the same);
- The “Horizontal Gaze Nystagmus,” (involves following an object while the officer observes your eyes for the ability to follow the object and for twitching); and
- The “One Leg Stand” (involves standing on one leg and counting to a certain number).
NOTE: While the officer will most likely not state this, the field sobriety tests are not required by law. In addition, the officer may take a breath test on the road with a preliminary alcohol screening (PAS) device.
If an arrest is made, you will be taken to a police station and will have to submit to an evidentiary chemical test. Unlike the field sobriety tests, you are required to take a chemical test, either by giving a breath test or a blood test. In fact, by obtaining your driver’s license, you have already provided consent to the chemical test. If the results of your test show a BAC of 0.08% or more, your license will be confiscated. The officer should give you a pink form called a “Notice of Suspension.” This form is also your temporary license which will expire in 30 days.
NOTE: Failing to perform a chemical test will result in an automatic 1 year suspension of your license.
What comes next?
At this point, your license is on the verge of being suspended and you will be facing criminal charges. What do you do next? Contact us. It is important to note that you will be facing two hearings:
- An administrative hearing with the DMV; and
- A criminal proceeding with the superior court.
NOTE: The two hearings are completely distinct. The administrative hearing deals mainly with the status of your license, whereas the criminal proceedings can determine whether you go to jail and the amount of fines you will have to pay.
Administrative Proceedings
After you are given your Notice of Suspension, you must contact the DMV, or have us contact the DMV on your behalf within 10 days of receipt of the Notice of Suspension. Failing to do so, will forfeit your rights to challenge the administrative proceedings. These suspensions can be successfully challenged, but they need to be scheduled.
After we contact the DMV on your behalf, you will be given a hearing date and should receive some discovery paperwork (mainly the police report filed for your case). Between the time of your arrest and receipt of the Notice of Suspension and your DMV administrative hearing, you may still drive with your temporary license even if the hearing date comes after the 30 days. With the help of an attorney, you can successfully challenge the DMV hearings and your license suspension.
Criminal Proceedings
The second half of the process is the criminal proceedings in court. At these proceedings, it will be determined whether you are sentenced to jail time and the amount of fines you will face. The process can span a few hearings or, if your attorney obtains a favorable plea bargain, can be completed at the initial arraignment hearing.
Keep in mind, there are many factors that will go into the outcome of the criminal proceedings. A prior DUI on your record within the last 10 years can mean higher jail time and fines, as well as a longer suspension. Contact Gupta & Trujillo to help you through this difficult process.
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