South Bay criminal defense attorney

Gardena DUI-DWI

Gardena, California DUI-DWI Lawyer

A DUI charge is made against one who is accused of driving under the influence of alcohol or drugs. If you are accused of DUI in Gardena, California, you could face up to six months in prison for a first offense. If a test taken within three hours of your driving indicates a blood alcohol level of .08 or above, you are considered to be under the influence of alcohol. Determining whether or not one is under the influence of other drugs is more subjective. The arresting officer's opinion is the main factor in determining whether or not you are driving under the influence of drugs.

If you have already been convicted once, a second conviction within ten years of your first conviction carries a one-year maximum jail sentence. A third offense in ten years has a minimum 120 day jail sentence and a maximum one-year sentence. Any subsequent conviction after the third conviction within ten years can be considered a felony and could potentially carry a three-year state prison sentence.

While a DUI is commonly considered to be synonymous with "drunk driving," many people who are arrested with DUI would not typically be considered "drunk". It is very possible, depending on one's weight, for one to reach a blood alcohol level of .08 or above after only two drinks.

DUI Arrest in Gardena, CA

If you are arrested for DUI, you face additional consequences beyond your criminal case. You will also face suspension of your driver's license by the California Department of Motor Vehicles (DMV). If you are arrested for DUI, you have just ten days to request an administrative hearing to contest the suspension of your driver's license with the DMV.

The administrative hearing at the DMV has absolutely nothing to do with what happens at criminal court. You are allowed to have an attorney present at the DMV hearing and it is to your advantage to have an experienced DUI attorney by your side. A good attorney can raise a variety of different challenges at the hearing. Depending on the situation, an attorney might question the legality of the traffic stop, the lack of proof of you actually driving the car, whether the test was administered within three hours of driving, among many others. If your challenge to the suspension of your license is successful, you will completely retain your driving privileges.

DUI First Offense

If the DMV suspends your license for a first DUI offense, the suspension will last four months. If you refused to give a blood or breath test, the suspension will last for a full year. However, if you did take a test and choose not to contest your suspension, you can negate the last three months of your suspension and instead, opt for a five month restriction on your license. A restricted license will typically enable you to drive to accomplish the necessary tasks in your life, such as driving to work.  In order to convert the last three months of your suspension to a five month restriction, you must enroll in a first offender program, pay a license re-issue fee, and show proof of insurance to the DMV. Unless you choose to contest the suspension and are successful, you will not be able to undo the suspension of your license for the first thirty days.

Other questions regarding DMV consequences can be answered by calling South Bay criminal defense attorney, Brian A. Newman directly at (310) 316-6622

DUI's will also usually be prosecuted in a criminal law court, in addition to the DMV consequences and potential jail time that you will have already faced. If you receive a first conviction, the minimum sentence is three years of summary probation, fines and fees of about $1500, and participation in a 90 day first-offender DUI program. The penalties for second and third convictions within ten years carry longer programs, heavier fines, longer license suspensions, and possible automobile seizure. Subsequent convictions can result in felony convictions and state prison sentences.

Gardena DUI Defense Lawyer

Good criminal lawyers will help you make the right choices about how to go defending a DUI. They will be able to represent you in your criminal case and at your administrative hearing with the DMV.

Criminal law attorney Brian A. Newman has been successfully handling DUI cases for over 30 years. He will make sure that you get the best defense possible based on your individual situation.

People typically do not understand what an illegal traffic stop actually is. DMV actions and criminal cases are very often dismissed because search and seizure principles were violated. It is a mistake to assume that prosecutors will not prosecute DUI cases if police violate search and seizure principles. In fact, most district attorneys and city prosecutors will file criminal cases regardless of the legality of the search.

A good criminal attorney will be able to determine if there was an illegal arrest and get the case dismissed by uncovering the prosecution's flawed arguments. Hiring an attorney might also make it unnecessary for you to show up at a court appearance and potentially save you from missed work and an embarrassing situation in general.

Call us today at 310.316.6622 and talk with an experienced Gardena DUI-DWI defense lawyer that will fight for you!

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Experienced criminal defense attorney in Gardena
Call Mr. Newman directly at (310) 316-6622