California Vehicle Code 23612 states that a person has given implied consent to a chemical test if they drive under the influence of alcohol and/or drugs. Technically, you can refuse to take a breath or urine test; however, it will result in additional fines and mandatory imprisonment if you are found guilty of driving under the influence. Refusing a breath, urine, or blood test will also result in more administrative penalties concerning your driver’s license suspension.
DUI Attorney In Huntington Beach, CA
Throughout California, over 100,000 people are arrested annually for impaired driving offenses. Because it poses a serious public safety issue, state prosecutors often seek the harshest available penalties under the law. Not only will you be fighting a front in criminal court, but you will also be fighting the Department of Motor Vehicles to maintain your license. Though you may feel embarrassed and frightened, the best time to seek assistance is immediately following the DUI arrest. A DUI conviction will have lifelong effects: It can cause issues with securing affordable housing, obtaining professional licenses, and even enrolling in college. You can set yourself up for the best possible result by first contacting an experienced DUI attorney.
Huntington Beach DUI Lawyer & Law Firm
Huntington Beach DUI attorney Jacqueline Goodman of The Law Office of Jacqueline Goodman has over 20 years of experience successfully representing Californians accused of various crimes. Her comprehensive and dedicated approach to legal representation has earned her a proven track record with cases and a 10 Superb Rating on AVVO. Her tenacity and strength will give you the best possible outcome, given the circumstances of your case.
DUI PROCESS
- The arrest: Most DUI arrests occur after being pulled over. During this step, the officer will administer a chemical test and replace your license with a pink temporary driver’s license.
- DMV hearing: The DMV is one of the two agencies you’ll deal with during a DUI. You have 10 days to file a hearing request with the DMV; the hearing is the only opportunity to halt the administrative suspension of your license.
- Pre-trial: Most DUI cases stop during this step, as they’re resolved before trial. The prosecutor must reveal their evidence to your attorney; it is then possible to try to lower the charges.
- Trial: There may be some instances when continuing to trial is the recommended option. Reliance on a court trial can be risky, so choosing a law firm with a winning reputation is important.
SOMETIMES BAD THINGS HAPPENTO GOOD PEOPLE
You Need Jacqueline On Your Side
I am committed to providing my clients with the trusted counsel and aggressive defense they deserve. I believe in redh3ption and helping people get second chances. I devote a significant portion of my practice to criminal justice reform and I have provided pro bono representation in impact litigation to change the laws to benefit every Californian.
No one is perfect, and everyone has flaws. A mistake should not define you, and our Orange County criminal defense attorney is ready to fight to protect your future, no matter the charges. Attorney Jacqueline Goodman is here to get you out of this difficult situation and put you back in the position you were in before your trouble started!
POTENTIAL PENALTIES FROM A DUI
As discussed previously, California DUI penalties differ depending on how many DUI convictions you have in the 10 years before the current charges.
FIRST OFFENSE DUI POTENTIAL PENALTIES
- Jail for up to six months
- Fees and fines up to $3,600
- Administrative per se license suspension, four months or longer
- DUI school for three months
- Installation of an ignition interlock device in your vehicle (potential)
- Probation lasting three to five years
SECOND OFFENSE DUI POTENTIAL PENALTIES
- Jail for up to a year
- Fees and fines up to $4,000
- Administrative per se license suspension, up to two years
- DUI school for 18 or 30 months
- Installation of an ignition interlock device in your vehicle (mandatory)
- Probation lasting three to five years
THIRD OFFENSE DUI POTENTIAL PENALTIES
- Jail for up to a year or state prison for 16 months
- Fees and fines up to $18,000
- Administrative per se license suspension, up to three years
- DUI school for 30 months
- Installation of an ignition interlock device in your vehicle (mandatory)
- Probation lasting three to five years
FOURTH OFFENSE DUI POTENTIAL PENALTIES
- DUI school for 30 months
- Charge tried as a felony
- Probation lasting three to five years
- State prison for up to 16 months
- Administrative per se license suspension, up to four years with a potential for permanent suspension
- Installation of an ignition interlock device in your vehicle (mandatory)
As the number of convictions increases, the prosecution and judge in your case will have less patience for your actions and therefore be less lenient. Therefore, although the support of an attorney is important throughout the entire process, it becomes increasingly more important as your number of DUI convictions increases.
It is with tremendous thanks and a grateful heart that we let you know how much we appreciated your expertise, advice and phone calls on [client's name] behalf. You are a person of service and dedication.
- Former client’s parents
I don't know where to start. Honestly, I don't think I could possibly write anything that would come close to describing Mrs. Goodman's Skill as a Lawyer , she truly is remarkable at what she does. Do yourself a favor, if your in a bind, and are looking for a well respected lawyer that can produce results.... Call Jacqueline! I…
- Sharif A.
Ms Goodman and her staff were beyond helpful. I was in an extremely difficult situation that I hadn’t been in before and needed help. I was referred to Jackie and her office who were extremely helpful. Jackie and her team were extremely empathetic and knowledgeable. They were quick to respond, took action, and kept me informed. Thank you Ms Goodman…
- Nick K.
Ms.Goodman has been an amazing and thorough lawyer representing my family. She has shown up to each court date, being prepared and ready to speak to the judge. She has been a great communicator with my family and kept us informed along the way. She is authentic, and will go the long mile on your case. Choose her to represent…
- Elizabeth E.
I needed an appointment with Ms. Jacqueline Goodman and it was urgent. The best part was that she called me back immediately and I did not have to drive an hour to see her. The first meeting is free and she spoke with me for a lengthy time and she made me feel like for the first time in seeking…
- Mary P.
Ms Goodman was excellent an very professional. She took the time to understand our concerns an worries. I had 2 really bad cases facing 10+ years for trafficking, sales, an distribution between the both ... she was able to get me the best deal an walked away with probation an a new look at life. I will always recommend her…
- Joe G.
Ms. Goodman and her team is by far the best in Southern California. I literally had zero hope of getting anything but prison time on my current case and Ms. Goodman somehow got me an interview for probation. I can say it hasn’t been easy and she’s been doing a lot out of love more than any other attorney would…
- Former Client
The court was offering 9 years for 459pc. After retaining her I got the deal I wanted and even better I was free after serving just 2 years. She's an amazing attorney that you can count on.
- Aliya J.
I can't even begin to express how amazing Jacqueline was when I worked with her for a close friend's case. She was always a quick text away, and when we worried she was the vote of confidence we needed to keep going. Her office staff was also SO easy to work with. Her closing statement moved me, the family, and…
- Caleigha C.
Best lawyer! Jacqueline Goodman is an amazing lawyer, she knows her law well. She helped my brother out of a messy situation and she was always easy to contact and gave me all the information that came her way.
- Rosie C.
Jacqueline, was very professional, and knowledgeable. She listened closely, as we discussed my case. I could tell She truly cared about me. I was very pleased the outcome, and would strongly recommend Her. Honest, hard working, and compassion, would describe, Jacquie.
- Dorian C.
Ms. Jacqueline Goodman was a beacon of hope to my daughter at a time when options and hope seemed limited. Her hard work and dedication was an outcome of Excellence. Ms. Goodman’s attention to detail and knowledge of laws are truly unsurpassed. Thank you.
- Ralph S.
Jacqueline is the best! If any of my friends or family found themselves in a situation where they needed a Criminal Defense attorney I would highly recommend her. She and her staff are extremely professional and they know their stuff. I can't say enough good things!
- Travis H.
She was carring and attentive, always up front with information. She truly cares about her clients and works diligently to achieve the best possible outcome. My family and I truly admire and respect this amazing and talented lawyer. She is definitely someone you can count on for the best advice and outcome.
- Chip E.
Great attorney to work with. She's a boss and has some serious attorney swagger. When I walked into the court room with her, everybody stopped and starred. I felt like I was getting represented by a superstar attorney. She'll run circles around any DA.
- Marcus W.
WHAT CONSTITUTES A DUI IN CALIFORNIA?
Alcohol can impair your judgment and reduce your ability to safely operate a motor vehicle. Because of this, California restricts your ability to use motor vehicles while under the influence of excessive amounts of alcohol. They determine this by testing your blood alcohol concentration (BAC). You cannot operate a vehicle with a:
- BAC of 0.08% or higher if 21 years old or older.
- BAC of 0.01% or higher if under 21 years old.
- BAC of 0.01% if currently under a DUI probation.
There are even stricter regulations for commercial vehicles. For example, a BAC of 0.04% and higher is illegal for a driver in a vehicle that requires a commercial driver’s license to operate and in a vehicle that has a passenger for hire present at the time of the offense.
California’s driving under the influence laws do not just apply to drunk driving; they also apply to any drug that can impair your driving ability. Illegal drugs fall into this category, but some prescription and over-the-counter medications are also included. For example, any medication that causes you to experience drowsiness or the inability to concentrate on the road is illegal to use while driving; therefore, it is important to understand how a medication will affect you before you operate a vehicle. In addition, a police officer can legally require you to take a urine or blood test if they suspect you are under the influence of drugs.
GROUNDS FOR A DUI CASE DISMISSAL
There are potential avenues for DUI case dismissal in Orange County, California, but it is a complex method to attempt.
- Improper procedure: Your case can be dismissed if the arresting officers and other police involved in the arrest did not follow proper procedures.
- Inaccurate chemical test: Mistakes can happen during the test processes that could negate the charges. Conditions such as diabetes and being on a keto diet can also cause ketosis, which can cause inaccurate breathalyzer results.
- Lack of evidence: Police and prosecutors must collect enough evidence to secure a conviction. They must not only prove that you were under the influence of drugs and/or alcohol, but they must also prove you were operating the vehicle while intoxicated.
- Civil rights violation: If you experienced a civil rights infringement during the arrest, it might be possible to have the case dismissed.
The first step to attempting a DUI charge dismissal is speaking with a criminal defense attorney. They can provide insight into the possibility of overturning the case and then create a plan for the attempt. It is important to note that a case dismissal is not the same as being found not guilty. The arrest will still be on your record, and the DMV can still take action to suspend your license.
DUI LAWYERS FAQ'S
Huntington Beach, CA
CHOOSING A HUNTINGTON BEACH DUI LAWYER
It is generally acknowledged that you need a lawyer to handle your DUI case competently, but choosing the right one can be nerve-wracking. Choosing the wrong lawyer can result in a more negative outcome than was possible with an experienced DUI lawyer. On the other hand, hiring a lawyer can help you gain insight into the types of penalties you’re facing from someone with experience in the field. If you’re facing DUI charges, look to the Law Office of Jaqueline Goodman for answers and representation.
POTENTIAL PENALTIES FROM A DUI
As discussed previously, California DUI penalties differ depending on how many DUI convictions you have in the 10 years before the current charges.