Driving Under the Influence
If you are arrested for a DUI charge, you face two separate legal concerns: (1) The loss of your driver’s license, and (2) jail time, fines and other penalties. Let me simplify each one:
(1) Driver’s License: This is a proceeding with the DMV. Upon the arrest, the DMV will take immediate action on your driver’s license. The DMV can suspend your license from 4 months to 12 months. To protect your rights, you must request a hearing with the DMV within 10 days of your arrest. If you fail to do so you may lose your right to contest the DMV action.
The DMV hearing consists of an administrative hearing during which the DMV hearing officer must find:
- that the arresting officer had reasonable cause to believe you were driving under the influence.
- that you were lawfully arrested.
- that your blood alcohol content was 0.08 or greater.
DMV hearings must follow complex legal procedures. These hearings are very difficult for a lay person to effectively navigate. In choosing your attorney, it is imperative that you select experienced representation. In addition, it is very important that the DMV results coordinate with the actions your attorney takes in court.
(2) The Court Case: The court system process for your criminal case consists of:
- pre-Trail Conference
- potential Jury Trail
(if the actions are not coordinated, you may be subjected to a longer term of license suspension.)
If convicted, you can face fines, additional insurance requirements and premiums, potential jail time and an order to complete a Drinking Driver course.
The majority of DUI cases are filed as misdemeanors but can be elevated to a felony in certain situations. There are additional penalties for excessive speed, excessive blood alcohol level, priors, under age 21, driving without a license, accidents and an injury caused by an accident.
In light of my extensive exposure of over 25 years of dealing with DUI matters, I am able to provide a fair and honest assessment of your case after an initial consultation. I can tell you what to expect from the DMV and the court. Before becoming a defense attorney, I was a deputy district attorney prosecuting cases like these. Because of my experience as a DA, I know both sides of the courtroom and I have 25 years of experience with the prosecuting attorneys and judges in criminal court. I will work with you to explore the best defense strategy. I will also tailor the resolution to take into account what is best for you.
Going through a DUI case can be one of the most stressful and nerve wrecking events in a persons life and it can happen to ANYBODY!…..
I solicited legal representation from Stephanie after a referral and felt I was in good hands from the start. She and her team thoroughly examined and evaluated all aspects of the case, patiently answered all questions, and most importantly provided clear and detailed instructions on what steps to take in the process and when. She has excellent rapport with the courts and judges and defended my case to the full extent of the law.
There’s no substitute for caring and effective legal representation, and that is exactly what was provided to me. Don’t put your trust in an advertised DUI lawyer, take my personal testimony as a referral and ask for a consultation from Stephanie should the need arise.
– Greg B., San Jose
The potential repercussions of a drunk driving conviction are numerous and can have long lasting effects. I will be available to meet with you to discuss the merits of your case for both DMV and the criminal process. If you would like me to review your case, contact me today.