Orange County, California, DUI/DWI and Drunk Driving Attorney
Whether you are a homemaker, working adult, retiree, or a student, the now severe consequences of a DUI conviction can be crippling. With that in mind, the Fullerton-based Law Offices of Jacqueline Goodman Rubio acts as an aggressive advocate for clients throughout Southern California who are facing DUI charges.
Lifetime Effects of a DUI Conviction
Simply put, the consequences for a DUI conviction go far beyond your criminal record and can affect you for the rest of your life. Accordingly, pleading guilty to such charges without the advice of legal counsel should never be an option.
At the Law Offices of Jacqueline Goodman Rubio, we have extensive DUI defense experience coupled with a thorough knowledge of the ever-changing DUI laws. Whether you are a young adult attending college or currently in the work force, a conviction can affect your ability to obtain certain employment and the professional licensure, among other consequences.
Preserving Your Right to Drive
The first step to maintain your right to drive is to schedule an administrative hearing with the Department of Motor Vehicles (DMV) within 10 days after your arrest. This DMV hearing relates to the automatic suspension of your driver's license even before you make your initial court appearance. We are readily able to represent you at this hearing and can help you apply for a restricted license if necessary.
The importance of requesting the DMV hearing in a timely manner cannot be overstated. At the hearing, we subpoena the arresting officer(s) and, essentially, conduct a deposition of him to unearth possible defense material. The DMV hearing is an invaluable discovery tool for the defense lawyer in a DUI case.
Investigating Your DUI Arrest
We take a detail-oriented approach in investigating your DUI case, starting with the initial stop. (The arresting officer must have probable cause to pull you over). Moreover, sobriety and chemical testing is, at best, fallible, and because of this, we will challenge the accuracy of the test and the procedures followed by the police. Too much is at stake to allow a conviction for DUI, and there is too much involved for the novice to undertake such representation. To name but a few examples of issues we address in most every case:
Is there sufficient admissible proof of driving? The prosecution must prove by admissible evidence beyond a reasonable doubt that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.
- Search issues: Evidence will be suppressed and the case dismissed if the officer did not have legal cause to (a) stop, (b) detain and (c) arrest. Sobriety roadblocks present particularly complex issues.
- Miranda/5th A. issues: Incriminating statements may be suppressed if warnings were not given at the appropriate time.
- Implied consent admonitions: If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample.
- Proof of impairment: The officer's observations and opinions as to intoxication are subject to criticism. The circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing." Witnesses can testify that the defendant appeared to be sober.
- Reliability of the blood-alcohol tests: There exist a myriad of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. Also, testing, particularly breath testing, during the absorptive phase will render a falsely high reading. Blood requires proof of the chain of custody (are we sure it's your blood?). Moreover, preservatives necessary to blood testing provide problems, and temperatures may result in blood fermenting in the tube, giving false high result.
- Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. A number of complex physiological problems are involved here. Is there a rising blood alcohol defense?
- Admissibility of the chemical tests: Did the agency comply with all of the requirements under Title 17? The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.
There is insufficient space to address all of the issues that may be pertinent in any particular DUI. However, this brief primer should illustrate the complexities of these cases, and how, despite their complexity, in the hands of an experienced DUI lawyer, these cases tend to be rife with defense material, often resulting in very favorable results for clients who thought they hadn't a prayer. Convictions in DUIs are often anything but inevitable.
DUI Arrest--What Now?
I've just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§§§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation is not justified.
For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
- A first offense will result in a 4-month suspension.
- A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
- The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
- Both the blood or breath tests are not available, or
- You are a hemophiliac, or
- You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
- A first offense will result in a 1-year suspension.
- A second offense within 10 years will result in a 2-year revocation.
- A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
- A first offense will result in a 1-year suspension.
- A second offense within 10 years will result in a 2-year revocation.
- A third or subsequent offense within 10 years will result in a 3-year revocation.
How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
Contact Us
For more information or to schedule an appointment with Mrs. Goodman Rubio, an experienced California criminal defense lawyer, please contact us.
