Oakland, Walnut Creek, East Bay DUI Lawyer
Over the next few days and weeks, the DUI defense attorney you hire will make a very significant difference in your life. At the Law Office of Mark Blair, I can answer all of your questions about your DUI charges. I hope that the information presented on this page will help you feel more confident about why I should represent you.
Please contact me today to schedule a free consultation about your DUI defense. I provide high quality representation to people in Oakland, Walnut Creek and the entire east San Francisco Bay area.
DUI charges are complicated and not like other criminal offenses
DUIs are complicated because they involve both civil and criminal law and procedure. Civil law and its rules apply to the Department of Motor Vehicles (DMV) hearings, also called administrative per se hearings. Criminal law applies to the court case because the charges brought against you may be infractions, misdemeanors, felonies, or a combination. The penalty for an infraction will involve only a fine and no jail time. Misdemeanors, on the other hand, are crimes that are punishable by up to one year in jail and up to a $1000 fine plus other assessments. Felonies are more serious crimes and carry the possibility of a lengthy sentence to a state prison. Under current California law, if you have three prior convictions for DUI within 10 years and you are charged with a fourth DUI, the prosecutor may charge you with a felony, and you may face substantially harsher penalties.
The DMV hearings have several other unique features. First, the hearings are considered “administrative,” meaning that they have relaxed rules of evidence for the prosecution and the defense. In a criminal court, for example, witnesses must testify and be subjected to cross examination before their testimony will be entered as evidence for the jury to consider. In DMV hearings, on the other hand, the DMV hearing officer, not a judge, may use police reports without having the officer actually testify about the truth of the matter in the report. As you can see, a flawed police report can be devastating to your case.
The DMV must prove three things before suspending your license:
• First, did the police have reasonable cause to pull you over for drinking and driving;
• Second, was the arrest legal and;
• Third, was your blood alcohol content (BAC) level of .08% or above.
If your attorney can prevail in any one of these three areas, you will win your case at the DMV hearing. Even if you lose the hearing, you may be awarded back credits that are retroactive against any license suspension that may be handed down. The back credits are owed to you if the DMV violates its hearing rules. Receiving back credits can drastically reduce or eliminate your suspension time. In addition, you may reduce your four month suspension to one month by enrolling in a three month alcohol school, show proof of financial responsibility, and pay a license re-issuance fee.
Criminal court case
Your court case is very different from the DMV hearing because it involves criminal law. The U.S. and California Constitutions guarantee you substantial rights in these cases. These substantial protections provide the opportunity to have your case dismissed if the police lacked reasonable suspicion or probable cause for arresting and charging you with DUI.
Your criminal case will begin with the arraignment, which is the formal notice of the charges against you. The arraignment may take only a few minutes, depending upon how you intend to plea to the charges. Many people make the mistake of thinking that the police officer has the authority to make the DUI charge at the scene of the traffic stop. In fact, the district attorney is the only one who determines the final charges. It is critical to have your attorney involved as early as possible, with the goal of persuading the D.A.’s office not to file alcohol-related charges or if charges are filed, to dismiss or reduce them.
Why it is important to always hire an attorney
In misdemeanor cases following the arraignment, your attorney may file motions to suppress evidence and will review the police report for accuracy. The case then proceeds to a pre-trial conference where the judge, the prosecutor, and your attorney will discuss the strengths and weaknesses of the case, with the goal of trying to obtain the best possible resolution without a costly court trial. The judge will make an offer to settle the case, which you have the right to accept or reject. If you reject it, you can take your case to trial.
Your DUI defense is unique because it involves both civil and criminal law, administrative hearings, and formal hearings. The rules of evidence are different for the DMV hearing and the criminal case. Please understand how important it is to hire an attorney to represent you. Your life, liberty, and driving privileges are at stake.
Contact attorney Mark Blair for a free consultation about your DUI defense today.
For more answers to your DUI questions, please visit my DUI FAQs page.