DUIs
At The Pitman Law Firm, we are extremely experienced in handling DUI matters. We have successfully gotten many DUIs either dismissed or reduced. Do not allow a prosecutor to put your license and freedom on the line. If you live in Los Angeles, Ventura, San Bernardino, or surrounding areas we can help, call us now.
DUI's Are Not Just Like A Speeding Ticket
A DUI conviction is not just a speeding ticket. It is a misdemeanor with real consequences. A DUI conviction can affect your ability to drive, freedom and future employment. Do not go against a trianed prosecutor on your own, call us so that we can get you the best possible outcome for your case.
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DUI's are codified under Vehicle Code 23152.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle
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DMV Hearings
WARNING: You only have 10 days from the date of the DUI arrest to request a DMV APS (Admin Per Se) hearing or the DMV will automatically suspend your license.
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Most people are not aware that two hearings happen with any DUI allegation. The first is the court, and the second is with the DMV. With any DUI allegation, the DMV will try to suspend your license whether the court feels you are guilty or not. So, even if you get your DUI dismissed in court, the DMV can still suspend your license.
At The Pitman Law Firm, we have more than double the usual success rate at defending people at DMV APS hearings. The average for successfully winning a DMV APS hearing in California is around 8%. The Pitman Law Firm currently has a success rate close to 20%.
DUI Process
DUI Process
The typical DUI process has many steps:
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Step1: Contact
Step one actually begins before the police officer even makes contact with the driver. The officer must observe the driver make a traffic violation, it doesn't even have to be alcohol-related. The violation could be for something as simple as window tint, an out headlight, or most police officer's favorite, something hanging in the rearview mirror. The major thing is the officer must observe something that gives them reasonable or probable cause to pull the driver over for a traffic violation. If the officer does not have an articulated reason for the pullover, then this becomes grounds for PC1538 motion to dismiss the case. Once the officer observes a traffic violation their investigation begins. Everything the drive does from here on adds to the officer's investigation and becomes evidence to be used for a conviction.
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As a note, DUI checkpoints are an exception to this rule. DUI checkpoints allow officers to stop and detain drivers passing through a manned checkpoint to determine whether they are driving under the influence.
​Once the officer has made contact with the driver they will engage in a conversation while looking for certain tells that the driver is under the influence of alcohol or drugs. If the officer observes slurred speech, bloodshot/watery eyes, odor of alcohol, confusion, or inability to follow directions, then the officer may ask the driver to exit the vehicle.
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Step 2: Field Sobriety Tests
Once the office has the driver exit the vehicle they will request the driver perform a FST (Field Sobriety Test).
As a note: these tests are voluntary, YOU CAN REFUSE TO DO THEM. If you are intoxicated, it is probably a good idea to refuse to do the Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand, or any other field test requested by the officer. However, if you refuse, the officer will arrest you, but to be honest, if they got you out of the vehicle, they were probably going to arrest you anyway.
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The officer may also request you do a PAS (Preliminary Alcohol Screening) test. This is commonly known as a breathalyzer. Here again, this test is completely voluntary and you can refuse to do it. If you feel you are over the 0.08 limit, it will probably be a good idea to decline this test.
WARNING: there is also a breath test referred to as a chemical test, there are consequences for refusing that test, but we will talk about that later. This test is done at the station, but sometimes the officers ask for your consent to it out on the street. Be careful.
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Step 3: The Arrest
Once the officer has gathered enough evidence for them to have probable cause that the driver was driving under the influence, the officer will arrest them and put them in the back of the patrol vehicle. The driver is then taken to a police station to be processed.
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Either once the driver is processed or when they were out on the street, the officer must read them the chemical admonition, and get their consent to do a chemical test. If the admonition was not read verbatim it becomes grounds to fight a refusal, if the driver refuses the chemical test. The chemical test consists of either a breath test or a blood test. As stated above, you do not want to refuse this test because there are consequences. If you were properly admonished and you refused the chemical test, your license will be suspended for twelve months with no options to drive.
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Once the chemical test is done the officers may release the driver to a person to take them home or hold them in a cell until they sober up. The driver will also be given a slip with their date and location of their arraignment.
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Step 4: Criminal Charges Filed
If the DA (District Attorney) or CA (City Attorney) believes the officers obtained enough evidence to prove the driver was driving under the influence the case will be filed by the time the arraignment date occurs. At this point, it will be best to have an experienced attorney help the driver negotiate the court process and work toward a favorable resolution.
Possible Consequences
There are many possible consequences you may face with a DUI conviction based on your criminal history and previous DUI convictions:
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For First Time DUI's
For first time DUI's where no one was injured you typically are looking at three years of informal probation, a six-month license suspension and doing some programs as well as some community service.
Informal Probation
Informal probation is what I refer to as "Laissez Faire" or "Hands Off" probation. Meaning that there is nowhere you will need to go, nothing you need to do, no one is going to check on you and you do not need to check in with anyone else. It's basically an agreement that you will not catch any more misdemeanor or felony convictions during your probationary term. However, if you are applying for some jobs, you will need to disclose that you are on probation and this can affect your ability to get hired.
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License Suspension
License suspension will be determined by the type of driver's license you have.
If you have a class-c license, the license suspension is usually six-months and can run concurrent with the DMV suspension, if you end up with a suspension from the DMV. Fortunately, at The Pitman Law Firm, we know some workarounds that will allow you to drive if you end up with a license suspension.
If you have a class-A or class-B commercial driver's license, the suspension is more severe. The courts and the DMV will issue you a twelve-month suspension, with no option to drive during that twelve months. Here again, at The Pitman Law Firm, we know a workaround where you will still be able to drive your personal car during the suspension, but nothing can be done about being able to drive a commercial vehicle.
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​Programs
Typically the courts will require you to do a three-month DUI program. This can move up to a six-month or nine-month program depending on your BAC (Blood Alcohol content). These programs typically meet once a week for two hours. However, most can meet virtually.
Depending on your age, or alcohol content, or if there was a collision, you may be required to attend the HAM (Hospital And Morgue) program. This is a two-day program where one day is spent at the hospital learning about the ramifications of driving under the influence, and the second day is spent at the morgue seeing dead bodies.
Another program prosecutors like to have people do is the MADD (Mothers Against Drunk Driving) course. This is a two-hour course that is similar to the DUI program and can be done online.
Community Service is another program that is not uncommon with a DUI conviction. Requires hours vary depending on the facts of the case. Fortunately, the courts will work with your schedule and location to find an opportunity you can work with.
There are other programs that may be required as well depending on the unique facts of your case such as SRK (Street Racing Kill) program, or additional alcohol treatment like AA (Alcoholics Anonymous).
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Second Time DUI
For a second time DUI without injuries, the penalties get much worse and include mandatory jail time.
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Jail Time
Jail time is required by statute for any second-time DUI conviction. The length of jail time can be anywhere from 96 hours to 10 days. This will depend on the facts of your case. However, depending on the court, The Pitman Law Firm has been successful in getting this requirement removed and substituted for community service. This will depend on the court your case is assigned and the prosecutor involved.
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Informal Probation
Informal probation for a second time DUI is very similar to a first-time DUI, however, you can expect the amount of time you are on probation to extend to five years.
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License Suspension
For a second time DUI conviction you can expect to have a twelve-month suspension. However, The Pitman Law Firm can help you find a way to drive during this suspension.
WARNING: If you have a class-A or class-B license, a second-time DUI conviction or DMV suspension will be a life time ban on your commercial driver's license. You will never be able to get a commercial driver's license or drive a commercial vehicle in the state of California again.
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Programs
For a second time DUI conviction, you can expect to do either the nine-month or eighteen-month DUI program. Community service, MADD, and other programs can be expected as well.
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Third Time DUI
For a third time DUI without injury conviction, you can expect the consequences will get even worse.
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Jail Time
Here again, the law states that you will be sentenced to a minimum of 120 days in county jail. However, it gets a little worse because the court will label you a Habitual Traffic Offender. This will add 30 days to whatever your sentence will be.
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Informal Probation
You can expect to be on a five-year informal probation term.
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License Suspension
With a third time DUI conviction your license will be suspended for three years. In the first year, there will be no option to drive at all. You will also be required to install an IID (Ignition Interlock Device) on your car, even though you cannot drive it. IID's cost money.
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Programs
You can expect the same programs as listed above, but the court may also require you to enroll and attend either an IOP (Intensive Outpatient program) alcohol treatment program or a IIP (Intensive Inpatient Program) where you will have to live at the treatment center.
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Fourth Time DUI (Felony DUI)
Whether there is an injury or not, four DUI convictions within a 10-year period automatically elevate the charge to a felony. What this means is you are looking at is either 16 months, 2 years, or 3 years in State Prison. The courts may also require you to do any of the programs listed above. It is not uncommon to be required to do the 18-month DUI program and community service.
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DUI WIth Injury
Depending on the level of injuries to a third party, you may just end up with consequences equal to your history of DUI convictions, or you may end up with it being elevated to a felony.
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Under Age DUI
With under age DUI's you will typically end up with consequences similar to over 21 DUI convictions. The main differences are you will be required to do the HAM program and your license will be suspended for one year with no options to drive. However, you can get what is called a critical needs license and The Pitman Law Firm will help you if that becomes a requirement.
DUI DefensesÂ
Having an experienced DUI attorney will be your best defense against a DUI allegation. There are many ways with which to attack a DUI charge.
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If the officer did not have a reasonable cause to pull the driver over, then a DUI attorney can file a PC1538 motion to suppress evidence. If there was no probable cause for the pullover, then any evidence obtained must be excluded. Without any evidence, the prosecutor has nothing on which to build a case and the charges must be dropped.
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An experienced DUI attorney may be able to attack the evidence. The results of the breath or blood test may be tainted, or the results challenged. The attorney could also argue that the driver was still metabolizing the alcohol when they were pulled over. This would mean that the driver actually had a lower BAC at the time of driving. There may be other issues with the evidence that the attorney may challenge.
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In many cases, the prosecution may consider reducing the charges to a wet reckless VC23103/VC23103.5 or even an exhibition of speed VC23109(c)
