Los Angeles DUI Defenders: The Law Office of Jon StraubAs a Los Angeles DUI Law Firm, our most important job is to fight vigorously for our clients. We take this job seriously and we're proud of the results we have achieved:
Not Guilty jury verdicts, Case Dismissals, DMV suspensions avoided helping clients move on with their lives and protect their livelihoods.
Our firm sets itself apart from other DUI firms by the results we get for our clients. This is accomplished by listening to our clients, understanding their concerns and goals, utilizing proven methods and strategies in DUI defense, approaching every case as winnable and fighting every case as hard as possible.
Recent Case Results:
Client "KS" DUI CV C 23152(a) and (b) commercial license with 0.18% BAC:
-NOT GUILTY JURY VERDICT 23152(a)
-NOT GUILTY (11-1) HUNG JURY CVC 23152(b)
2 years jail-time and lifetime commercial license suspension avoided
Client "JM" DUI CVC 23152(a) (0.09%BAC)
NOT GUILTY JURY VERDICT CVC 23152 (a)
Client initials JS: DMV DUI Suspension: Commercial Driver with 0.12%BAC
NO SUSPENSION, DMV hearing victory; client keeps his job
Client initials NL: Under 21 Zero Tolerance Driving with Alcohol in System
CASE DISMISSED AT TRIAL
Client Initials RM: 2nd DUI involving 0.08% BAC+Benzodiazopaines CVC 23152(f) facing mandatory jail time
NO JAILTIME, NO LICENSE SUSPENSION, No in-person alcohol class.... Plea agreement to "Dry-Reckless" under CVC 23103
Client initials PC: Penal Code 647 Public Intoxication Misdemenaor
CASE DISMISSED AT PRE-TRIAL CONFERENCE: ALL CHARGES DROPPED
The Consequences of a DUI arrest: Criminal Courts and the DMV
In California, every DUI arrest involves potential consequences in both the The Criminal Court System and with the DMV. While they involve seperate processes, they both can involve license suspensions, restrictions on driving and mandatory ingition interlock device installation and the mandatory attendance of certain alcohol education classes. A criminal conviction can result in jail time, large fines and probation. (see below)
Court System Consequences
A permanent criminal record can from felony or misdemeanor charges in DUI cases. The impact on a person's career can inlcude issues with obtaining professional licenses (such as Real Estate Agent, Nurse, Medical Doctor Other consequences include large fines, mandatory attendance of AA, probation, alcohol education classes and the possibility of jail time in some cases. The criminal court system will also suspend a driver's license. This suspension is in addition to the DMV license suspension.
Felony DUI: While most DUI cases are charged as misdemeanors, certain DUI cases are charged as Felony DUI. Felony DUI cases carry long state prison terms and usually involve:
-Hit and Run accidents
-Accidents involving great bodily injury to victims
-A new DUI case with multiple prior DUI's (2+ occurring within the last 10 years) can be charged as Felony DUI. A 4th DUI (3 or more in the prior 10 years) is automatically treated as a felony DUI.
While felony DUI cases are rare, it is important to understand what makes a DUI case a felony, and when prosecutors will charge a DUI case as a felony.
The DMV is incredibly harsh when it comes to DUI cases, and will automatically suspend a driver's license unless the driver can successfully defend their case at an APS hearing. The severity of the DMV suspension in a DUI case depends on a number of factors.
These factors include:
-The driver's record (prior DUI's)
-Whether a fatal accident was involved
-Whether the driver submitted a blood or breath sample to law enforcement
Driver's License Suspension:
The DMV will suspend a driver's license for 4 months for a typical first offense DUI and require alcohol education classes. A suspension of up to 1 year is possible in a First Offense DUI if the driver refused to submit a chemical blood or breath sample to law enforcement. A suspension of up to life-time duration is possible if there was an accident involving a fatality.
Breathalyzer on car: The Ignition Interlock Device:
In Los Angeles county, a DUI conviction in court will result in the DMV requiring a driver to install an IID on their car. The IID is a breathalyzer that is hooked into the car's ignition and will not allow the car to start if it detects alcohol.
Car Insurance Rates:
Your insurance rates will go up as a result of a DUI conviction, costing potentially thousands of dollars in increased premiums. DUIs are expensive so it pays to avoid the most harsh penalties associated with DUI cases. The real costs of a DUI can be found at this site: Costs of DUI
The driver's license suspension from the DMV and the court can be minimized by asking for the suspensions to run "concurrently." A DUI Lawyer can go over the process with you and discuss your best options.
How a Los Angeles DUI Attorney builds a winning case:
A successful DUI defense starts early, because its important to gather evidence while it is still available. As soon as possible after a DUI arrest, the DUI attorney and client should go over the case and take steps to preserve evidence. This is important because witness' memories are still fresh in their mind, and evidence (such as surveillance camera footage) that can help a DUI driver may be erased or lost as time goes on. Additionally, the DMV acts quickly in starting an automatic DUI license suspension (within 10 days) unless your DUI attorney arranges for a DMV hearing.
These are examples of the dedication and fighting spirit we fight every case with. DUI cases can be won with the right team fighting for you.
Call 213-400-0358 and speak with an experienced Los Angeles DUI Lawyer who fights DUI cases and knows what it takes to win.
The steps taken by a Los Angeles DUI attorney in building a defense are:
1. Initial consultation where an experienced DUI attorney will review the case with the client
Its important to speak honestly with your DUI attorney when going over the case with them. DUI cases have unique facts and legal issues that an experienced DUI attorney will use to build a winning defense. So its important to not leave anything out when discussing your case with them.
2. Arranging the DMV hearing, and using the DMV hearing process to gather evidence
The DMV process is probalbly the best way to gather evidence in your DUI case. Why? Because there is no prosecutor in the DMV process: only your defense attorney and the DMV. The prosecution that is handling the criminal case against you will not know that your DUI attorney has gathered certain evidence in the DMV process. Your attorney will then be able to go over the evidence with you without having to disclose it to the prosecution.
3. Handling the court process by conferencing with prosecutors at the arraignment and gathering additional evidence through the court proceedings.
At the court proceedings, your DUI attorney will confer with the prosecution to see what they are looking for in terms of a plea bargain, and will gather evidence that cannot be gathered in the DMV process.
Some considerations you should have when looking at your DUI case:
1. What you are facing in terms of punishment or consequences of a DUI arrest.
2. What a Los Angeles DUI lawyer can do to help you with your case.
Getting answers to these questions will go a long way to helping you get your life back on track.
What happens in the typical case handled by a Los Angeles DUI Lawyer:
The three phases of a typical DUI case are:
-The DMV hearing process
-The criminal court case
How a person handles the situation determines what will happen to them.
A typical DUI case starts when the driver is stopped by the police or highway patrol. If a DUI arrest is made, the driver will usually be given a pink "temporary" license and released from the police station or similar facility. A court date (called an 'arraignment') is given to the driver and it is up to the driver to figure out what to do about the DMV and the criminal case.
DMV hearing process (what needs to be done to avoid license suspension)
The DMV must be notified within 10 days of the arrest to request a hearing to save the driver's license. Otherwise, they will automatically suspend the driver's license. A DUI lawyer will know how to set up the DMV hearing and how to prepare a defense case for the DMV.
The DMV hearing is not an "interview" or an informal "review." A DMV hearing is a serious legal proceeding that effects the driving privilege of someone arrested for DUI. See more about the DMV hearing process.
The Criminal Court Process
Someone who has been arrested for DUI will be told to show up to court for an "arraignment." At the arraignment, a judge will review the charges and tell the person they have the right to hire a lawyer. Most 1st time DUI's are misdemeanors, with up to 6 months jail time and $1000 of fines as punishment. Probation and license restrictions are often given by courts in DUI cases.
The court process must be handled so that additional punishment such as fines or jail time isn't given for missing court dates.
Consultation with a DUI Lawyer
A consultation with a DUI lawyer will answer questions you have and allow a DUI lawyer to show you the possible defenses in your case. During your consultation, the DUI lawyer you speak with will be carefully reviewing your case looking for any defenses you can raise.
Los Angeles DUI Defenders:
1515 Maple Avenue, Suite 9
Los Angeles, CA 20015
Defenses used by Los Angeles DUI Lawyers that win cases:
A DUI defense lawyer should be familiar with defenses that work in these cases, such as arguing lack of probable cause for the initial stop. Also, a major issue worth examining closely is the science, or lack thereof, when it comes to the field sobriety tests done by police.
DUI defense lawyers are also aware of defenses against illegal or warrantless searches of drivers, issues with calibration of the machines used to test blood and breath, and problems with police admonitions or advisement they are supposed to give to drivers when pulled over. Any one of these areas can be useful to a DUI lawyer in beating a DUI case.
Common defenses to DUI cases include:
-Rising Blood Alcohol arguments
-Attacks on the Police Investigation,
-Attacks on the sufficiency of the evidence
-Showing improper police testing of the blood or breath samples in your case
You can do something if you were arrested for DUI in Los Angeles. You can call a lawyer, ask questions, learn more about your case, and figure out your best path forward. Time is critical, however, because you only have a few days to act before DMV will automatically suspend your license.
Once the case is reviewed, and a plan of action is made, your Los Angeles DUI lawyer will arrange for the DMV and the court process to be handled. Hiring a DUI lawyer means you don't have miss work to go to court, or go to the DMV. Your lawyer can handle all of it, fighing for you and helping you get on with your life.
A Los Angeles DUI Lawyer is just a phone call away at 213-400-0358
Contact a Los Angeles DUI Lawyer for a FREE DUI Consultation (213) 400-0358
Fight back in your DUI Case! That is what we do: We fight aggressively and relentlessly to get you the best outcome possible. We fight DUI cases everyday and fight for the rights of people facing DUI arrest.
Let a Los Angeles DUI Lawyer fight for you, whether you are facing a first time DUI or a more serious DUI offense, you need someone fighting on your side. That's why its important to call a Los Angeles DUI Lawyer who wants to help you. We want to reduce some of the stress you're going through, so let us help you. Get a fighter on your side, an aggressive DUI lawyer who understands the various defenses available in DUI cases.
Depending on your career or life situation, DUI's can be devastating and embarrassing. Don't let the fear or embarrassment stop you from doing the intelligent thing: hiring a skilled DUI lawyer who can help fix this mess. The situation is bad enough, start fixing it now by calling a DUI lawyer who can get you on the road to moving past this situation.
What you can do: Hire a Los Angeles DUI Lawyer Now
Your rights include a right to fight the charges against you, the right to challenge your license suspension, and the right to take your life back. Let us help you fight your case, and put your best case forward. Our Los Angeles DUI lawyer can help you fight for your rights.
We don't work for big corporations, or the government, we work for you and people like you. We want the best possible outcome for your case, and that's why we work tirelessly to help you with your case.
In a recent case in Orange County, we were able to get the charges for DUI reduced to reckless driving. In another case, we were able to secure a Not Guilty Verdict to CVC 23152 (a).
Many people facing a first time DUI wonder what happens. Most first time DUI defendants aren't career criminals, in fact, many have never had any trouble with the law in their whole lives. So its common for first time DUI defendants to wonder what will happen next.
Its understandable to have some trepidation regarding what happens next, because a DUI arrest and can have far reaching consequences on your life. So it's important to speak with a Los Angeles DUI attorney to figure out your best path forward.
Our website is dedicated to getting you the answers to these questions, and to show you what options you have. A DUI arrest can be fought, successfully. Some of the worst consequences to DUI drivers can be minimized with the right lawyer helping you with your case.
Your license was probably taken by the arresting officer the night you were stopped. You were likely given a "notice of suspension" and a "temporary license." If you do nothing, the DMV will start the process of suspending your license within 10 days of the arrest. The suspension will take effect 30 days after your arrest, and you will be forbidden from driving a car during the license suspension.
In cases where you refused to submit to a chemical test, your suspension can last one year.
The DMV can suspend your license, even if the government prosecutors do not pursue a case against you in court. That is to say, the DMV and court procedures are two separate procedures that you are facing.
In DUI cases, the first court appearance is something called an arraignment. Arraignments can be scary to most DUI clients because most DUI clients have never been in trouble with the law and are therefore not used to the court system. The arraignment is a simple proceeding where the client is told about the charges they face, and advised that they have the right to a lawyer. One of the benefits of hiring a lawyer is they can attend the arraignment for you, without you missing work or having to attend the hearing. Having a lawyer attend the arraignment on your behalf is helpful also because the lawyer can review your case with the prosecutors and start the process of settling or successfully fighting your case.
Hire a Los Angeles DUI Lawyer to get a DMV Hearing
If you want to fight the suspension of your driver license, you can hire an attorney who can call the DMV and arrange a DMV hearing to fight the suspension. It is important that you make the request for a DMV hearing within 10 days of your arrest, or you will lose the ability to fight the DMV suspension.
The Los Angeles DUI lawyer team you hire will work tirelessly to protect your license. A driver's license is important to everyone, for work, school, social life, even helping your family. We understand this, so we work hard for you and fight aggressively at the DMV hearing.
Keep your California Driver’s License
If you do not request a DMV hearing within 10 days of arrest, the DMV will automatically suspend your license and there's nothing you can do about it. That's why it is so important to pick up the phone and call a Los Angeles DUI lawyer to set up a DMV hearing to start the process of fighting for your rights.
With a lawyer helping you fight your case, you will be doing everything possible to protect your license and prevent a criminal record. Many people feel there isn't much that can be done for the average DUI client, but this isn't the case. DUI defense is a special area of law, with lots of subjects that the DUI lawyer should understand. Understanding winning DUI defenses is what separates a good DUI lawyer from an average lawyer.
For a free consultation, call (213) 400-0358. Go over your case, get your questions answered and get on the right track.
Los Angeles DUI Lawyer Resource Links:
Los Angeles County Courts: The Los Angeles County Court system includes all of the Superior Courts in Los Angeles County, where DUI cases involvling misdemeanor and felony charges are adjudicated.
California DMV: The California DMV has authority to regulate the roadways of California, including the the issuing of driver's licenses. The DMV process is an important part of any DUI case and can have the most severe license consequences for drivers, including up to lifetime license suspensions in certain DUI cases.
Driving Under the Influence Wikipedia article on DUI/DWI. In California, driving under the influence of drugs or alcohol is called "DUI." In other states, it is called "DWI- Driving while intoxicated." This article is a broad over-view of DUI and DWI related issues.
California Highway Patrol DUI Enforcement
The California Highway Patrol is the state's largest law enforcement agency and is tasked with DUI enforcement as one of its primary missions. This link goes over the California Highway Patrol's DUI Enforcement mandate in detail.
Los Angeles County Sheriff's Department Crime Lab
The Los Angeles County Sheriff's Department crime lab is the law enforcement agency responsible for the calibration, maintenance and up-keep of most of the breathalyzer machines used in Los Angeles county in DUI and drunk driving enforcement.
Mothers Against Drunk Driving
The pre-eminent lobbying group for stricter enforcement of DUI laws and DUI penalties. This link is to the home page for the largest national advocacy group against Drunk Driving.
National College of DUI Defense The longest established advocacy group for the promotion and betterment of DUI defense among DUI lawyers.
NHTSA Impaired Driving Information
The National Highway Traffic Safety Administration is a federal government agency tasked with making the nation's roads safer through various inititves targeted against DUI and Drunk Driving.
UC Hastings Law SchoolUC Hastings Law school: top tier national law school.
By Jon Straub
Updated December 31, 2015