D.U.I./Driving Under The Influence

Driving Under the Influence

Cases Arrest for suspicion of DUI is a stressful situation, but acting fast can minimize the repercussion and anxiety. Triumph Law Group can help you resolve the matter in a timely fashion and defend you to protect your driving privileges. Once you are cited for a DUI, there are essentially TWO matters that need attention - a DMV hearing and a criminal court case.

When you are pulled over for suspicion of drunk driving, police will ask you many questions to obtain information they can use to make an arrest, and then use that information against you in court. They will also ask you to submit to various drunk driving tests, that include field sobriety tests, breathalyzer tests and blood tests. During this time, the officer is observing your behavior to determine if you are driving under the influence. Anything you say to police can be used against you if your case ends up in court. Therefore, it is critical to remember your legal rights and remain respectfully silent.

DMV

California Law provides allows for the Department of Motor Vehicles to impose automatic sanctions if your blood alcohol is proven to be above .08%. The DMV Administrative Per Se (APS) laws require the officer to serve you with a notice of suspension upon being arrested and completing a chemical test of your breath or blood. The notice is intended to serve two purposes: 1. it is a temporary license for 30 days and 2. it contains important hearing information which dictates whether your driving privilege will be suspended. If you choose to do nothing, your license may be gone for a minimum of four months up to two (2) years. However, if you request a hearing you have the right to challenge the suspension on legal grounds and if successful avoid it completely.

If you retain an attorney within 10 days of the arrest, the attorney can request a hearing with the DMV for you. This allows the attorney to challenge the case with the DMV in an effort to protect your license. If you have retained an attorney after 10 days, your license will automatically be suspended 30 days after the arrest.

If retained within the 10-day deadline, the attorney notifies the DMV that you have legal representation, and the DMV must immediately place a “stay of suspension” on your case. The stay stops your license from being suspended, giving your attorney time to challenge the case in a DMV hearing. The DMV hearing is often scheduled about 60 days after the arrest date. You, the driver, are automatically entitled to drive without any restrictions up until the DMV hearing date. Even though the pink temporary license given to you at the time of arrest states you can only drive for 30 days, you can drive until the hearing.

Court

Beating a DUI charge in is not easy; however, many have a strong defense in court. Our firm can explore your options by determining any procedural or civil rights violations, such as:

  • Why did the arresting officer pull you over?
  • Was there a field sobriety test?
  • Was there probable cause to support the DUI arrest?
  • How was the blood test at the police station administered?
  • Are there inconsistencies between the police report and the criminal complaint?
  • Does the Breathalyzer have any history of malfunctioning?

Defendants who have been arrested for driving under the influence face a multitude of penalties if convicted. The penalties that a defendant receives depend on the specific aspects of the defendant's unique case. However, individuals who are convicted of a misdemeanor or felony DUI face the possibility of severe consequences, including:

  • Jail or prison time
  • Extensive fines
  • Alcohol treatment programs
  • Probation
  • Ignition interlock device requirements
  • License suspensions or revocations
  • Insurance cancellation or increase

A conviction can seriously impact your life, especially if you have any prior drunk driving convictions on your criminal record. If you have multiple DUI offenses, you can be charged with a felony DUI, which can result in a much harsher sentence. However, when you retain the legal services of an experienced drunk driving lawyer to aggressively challenge the testing methods and evidence, you can greatly improve your chances of a positive outcome.

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219 N. Indian Hill Blvd #201, Claremont, CA 91711
800-563-4144