California DUI Attorneys - California DWI Attorneys - California Drunk Driving Lawyers
10 DAY WARNING!!!
YOU MUST FILE A CHALLENGE TO YOUR CALIFORNIA DUI WITHIN 10 DAYS OF ARREST, OR YOU WILL LOSE YOUR LICENSE WITHOUT A HEARING. CONTACT A CALIFORNIA OWI/DUI ATTORNEY IMMEDIATELY!!
3 Easy Ways to find one of America's Top DUI DWI Attorneys:
1. Call 1-800-DIAL-DUI and enter the area code for the City below nearest where you were arrested;
2. Click on the City below nearest where you were arrested; or
3. Complete the Free Case Review!
209 Area Code: Atwater, Ceres, Lodi, Los Banos, Manteca, Merced, Modesto, Stockton, Tracy, Turlock
213 Area Code: Los Angeles
408 Area Code: Campbell, Gilroy, Los Gatos, Milpitas, Morgan Hill, San Jose, Santa Clara, Saratoga, Sunnyvale
415 Area Code: Novato, San Anselmo, San Francisco, San Rafael
442 Area Code: Victorville, Hesperia, Oceanside, Vista, Indio
530 Area Code: Chico, Davis, Paradise, Redding, South Lake Tahoe, Woodland, Yuba City
559 Area Code: Clovis, Fresno, Hanford, Madera, Porterville, Reedley, Tulare, Visalia
661 Area Code: Bakersfield, Delano, Lancaster, Oildale, Palmdale, Santa Clarita
669 Area Code: Campbell, Gilroy, Los Gatos, Milpitas, Morgan Hill, San Jose, Santa Clara, Saratoga, Sunnyvale
707 Area Code: Benicia, Eureka, Fairfield, Napa, Petaluma, Rohnert Park, Santa Rosa, Suisun City, Vacaville, Vallejo, Windsor
747 Area Code: Los Angeles, Van Nuys, Canoga, Burbank, Pacoima
818 Area Code: Agoura Hills, Burbank, Calabasas, Glendale, La Canada Flintridge, San Fernando
831 Area Code: Hollister, Marina, Monterey, Salinas, Santa Cruz, Seaside, Watsonville
858 Area Code: Poway
951 Area Code: Banning, Corona, Hemet, Moreno Valley, Murrieta, Norco, Perris, Riverside, Rubidoux, Temecula
Arrested for a California OWI Drunk Driving DUI DWI?
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There is a reason why California OWI Attorneys are members of America's Top DUI & DWI Defense Attorneys":
They win California OWI Drunk Driving DUI cases.
California OWI Drunk Driving DUI Defense attorneys and lawyers have earned the highest reputation in the field of California OWI DUI Drunk Driving defense because they know the California OWI Drunk Driving DUI Laws. These lawyers and attorneys include a former prosecutor Assistant District Attorney and the President of the Dane County Bar Association. When you need help and legal advice for an arrest for a California OWI Drunk Driving DUI, these OWI Drunk driving Defense attorneys and lawyers are prepared to respond.
Read more about California OWI Drunk Driving Laws below:
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About California Drunk Driving DUI OWI Laws:
CALIFORNIA OPERATING WHILE INTOXICATED
This means that you consumed alcohol, a controlled substance, or some combination of the two to the point where you were incapable of safely operating a motor vehicle at the time of driving.
CALIFORNIA OPERATING WITH A PROHIBITED ALCOHOL CONCENTRATION
This means that your alcohol level is at or above the legal limit set for your number of offense at the time of driving.
Except for OWI homicide cases, you may only be charged with these offenses if you were operating the vehicle on a public highway or premises held out for use of the public. This includes all premises owned by employers for use of their employees and all premises in rental housing units of 4 or more.
Operating a motor vehicle includes not only driving it, but also the manipulation of any of the controls required to put the vehicle into motion.
You may be convicted of both OWI and PAC, but the convictions must be joined for purposes of sentencing. So you can't be sentenced for both.
A first-offense OWI/PAC is civil. If convicted, you will have to pay a forfeiture, your license will be revoked, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You should be immediately eligible for an occupational license, provided that you haven't had any other suspensions or revocations for any reason within the last year. You cannot go to jail unless you fail to pay you forfeiture on time.
Second through fourth-offense OWI/PACs are criminal misdemeanors. If convicted, you will have to pay a fine, your license will be revoked, there is mandatory jail time, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You may be ordered to install an ignition interlock device on your vehicle. You may also have the vehicle that you were driving when you committed the offense forfeited by the State. For a fourth-offense OWI/PAC, you may be sentenced to probation if you agree to it. You will have a mandatory waiting period before you are eligible for your occupational license.
Fifth offense and higher OWI/PACs are criminal felonies. If convicted, you will have to pay a fine, your license will be revoked, there is mandatory jail time and possible prison time, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You will be ordered to install an ignition interlock device on your vehicle. You may also have the vehicle that you were driving when you committed the offense forfeited by the State. You may be sentenced to probation if you agree to it. If you are sentenced to prison time, you will also have a period of supervised release afterward. You will have a mandatory waiting period before you are eligible for an occupational license.
CALIFORNIA OWI LAWS CAUSING INJURY
This is a criminal misdemeanor, even a first offense. If convicted, you may have to pay a fine, your license will be revoked, you may be sentenced to jail, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You may be ordered to install an ignition interlock device on your vehicle. You may be sentenced to probation if you agree to it. You will have a mandatory waiting period before you are eligible for an occupational license. You will be ordered to pay restitution.
CALIFORNIA OWI LAWS CAUSING GREAT BODILY HARM
This is a criminal felony, even a first offense. If convicted, you may have to pay a fine, your license will be revoked, you may be sentenced to jail and possible prison time, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You may be ordered to install an ignition interlock device on your vehicle. You may be sentenced to probation if you agree to it. You will have a mandatory waiting period before you are eligible for an occupational license. You will be ordered to pay restitution. If you are sentenced to prison time, you will also have a period of supervised release afterward.
CALIFORNIA DRUNK DRIVING HOMICIDE BY OWI/PAC
This is a criminal felony. If convicted, you may have to pay a fine, your license will be revoked, you may be sentenced to jail and possible prison time, you will be ordered to complete an alcohol assessment, and will have to finish a driver's safety plan. You may be ordered to install an ignition interlock device on your vehicle. You may be sentenced to probation if you agree to it. You will have a mandatory waiting period before you are eligible for an occupational license. You will be ordered to pay restitution. If you are sentenced to prison time, you will also have a period of supervised release afterward.
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WHAT WILL HAPPEN IN MY CALIFORNIA OWI DUI DRUNK DRIVING CASE?
From the minute the officer gives your paperwork, several deadlines start to run. You should receive all of the following: a ticket for operating while under the influence of an intoxicant (pink piece of paper) and a copy of the Informing the Accused form (8 ½ x 11 pink piece of paper).
If you submitted to a breath test, you will also receive a copy of the Intoximeter EC/IR test result (8 ½ x 11 white piece of paper). If the result is over the legal limit, you will get a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 ½ x 11 pink piece of paper) and an Administrative Review Request (8 ½ x 11 yellow piece of paper).
If you submitted to a blood test, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 ½ x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 ½ x 11 pink piece of paper) and an Administrative Review Request (8 ½ x 11 yellow piece of paper).
If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 ½ x 11 pink piece of paper).
If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 ½ x 11 pink piece of paper). If you were made to submit to a blood test anyway, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 ½ x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper).
Sometimes police officers screw up and give you paperwork that either should not be issued to you, or provide you with paperwork at the wrong time. The information listed above is the correct way for the paperwork to be issued to you.
CALIFORNIA OWI DRUNK DRIVING TRAFFIC TICKETS
This tells you the date, time, and place that you must appear in court. It will also probably tell you that your court appearance is mandatory. However, your attorney will most likely be able to appear on your behalf. Don't make the mistake of assuming that nothing will happen in your case before this date. Each and every form listed above starts a deadline that often has nothing to do with your first court date. In a first offense case, you will have 10 days from the date of your first court date in order to request a jury trial. This should be done in every case that starts in circuit court. If you have a municipal court case, you should go through that process first. In these cases, you will not want to demand a jury trial initially. You can always do that at a later date.
NOTICE OF INTENT TO SUSPEND
This form acts as a temporary driving permit. It also tells you that your license will be suspended in 30 days from the date on the top right corner of the form. You have a right to demand a hearing on this suspension. That leads us to the next form.
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ADMINISTRATIVE REVIEW REQUEST
This form needs to be filled out and submitted to the Department of Transportation within 10 days of the date on the Notice of Intent to Suspend. If you fail to do this, you will be automatically suspended - probably before you even get to court.
CALIFORNIA BLOOD ANALYSIS
This form tells you what your blood test results are. It also informs you that your blood sample will be preserved for 6 months from the date of the analysis. In the event that you want to have an independent lab test the results of your blood, you will need to file a motion requesting this well before the time limit has expired.
NOTICE OF INTENT TO REVOKE IN CALIFORNIA OWI's
This form acts as a temporary driving permit and tells you that you have 10 days from the date on the notice in which to request a hearing on the revocation of your license. If you fail to do this, you driving privileges will be automatically revoked - probably before you get to court. In addition, any alleged refusal on your part to submit to a chemical test will be automatically admitted in a trial on your operating while under the influence of an intoxicant case.
INITIAL APPEARANCE IN CALIFORNIA OWI LAWS
This is the court appearance in which you typically enter a plea. You should always plead not guilty or stand mute before the court. Once the court has entered a not guilty plea on your behalf, your case will be set for a pretrial conference. Some counties don't require you to enter a plea until after you've already had a pretrial conference.
PRETRIAL CONFERENCES FOR CALIFORNIA DRUNK DRIVING ARRESTS
This appearance is usually not done in front of a judge. Typically, you meet with a prosecutor, receive police reports, and get an offer from them as to what it would take to resolve the case. In other words, what penalties the prosecutor thinks is appropriate.
RETURN DATE
In counties where you are not required to enter a plea until after the pretrial conference, you will be asked at this court date how you want to proceed. If you don't want to take the pretrial offer, you will not enter a not guilty plea. Your case will then be scheduled for the next appropriate court date. If you do want to take the offer, you can enter a no contest or guilty plea and the court will sentence you.
FINAL PRETRIAL
This appearance is usually a type of status conference. The court wants to know if your case has settled. You may be able to work out a better offer than you originally received and decide to enter a plea and be sentenced on this date. If not, the court wants to know what it should be scheduled for next. Often, a case that has not settled by this point will be automatically set for a jury trial. That doesn't mean that the case will go to trial. That's just the court's way of making sure that the case doesn't get delayed for too long.
MOTION HEARING
Sometimes, your attorney will file pretrial motions in your case. These are usually formal "requests" to either admit certain evidence or keep it out. They are based on legal arguments. A motion hearing may have people testifying, or it may just involve the attorneys both presenting their arguments and the court making a decision.
JURY SELECTION AND TRIALS IN WISCINSIN OWI DRUNK DRIVING DUI CASES
If a case hasn't resolved and your attorney thinks you may win at trial or that you have nothing to lose by trying the case, you will proceed to a jury trial. This involves selecting a jury that you believe will be able to fairly hear your case. When the actual trial begins, both sides will have the opportunity to make opening arguments to the jury present witnesses and evidence, and to make closing arguments. The jury is then instructed on what the law is by the judge and has to make a decision as to whether you're innocent or guilty.
CALL 1-800-DIAL-DUI NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE OR