Many people arrested for DUI feel helpless and take the view that they have no option but to plead guilty. However, DUI charges can be successfully defended and it is always unwise to simply plead guilty without a thorough review of the evidence. There are a number of potential defenses to DUI, including insufficient probable cause to stop or arrest, lack of evidence of driving, evidence of drinking after driving, rising blood alcohol levels, medical defenses, or problems associated with breath or blood alcohol testing.

Defending DUI's in Los Angeles can be both complicated and difficult. If you have been arrested for DUI, you need to consult with a DUI Attorney in Los Angeles with experience in how to defend this serious criminal offense. Defenses often require expert testimony from a toxicologist relating to breath alcohol or blood alcohol testing. An exerienced DUI Defense Lawyer will work closely with a toxicologist to review the maintenance and calibration logs of the breath machine and examine the Officer's qualifications and the procedure followed in obtaining a breath or blood sample. If a blood test is given, a toxicologist can obtain a portion of the sample from the Crime Lab for independant testing for accuracy, level of preservative and potential bacterial growth.

There is often no obvious defense to DUI charges in Orange County or Los Angeles at the outset of a case, but following a thorough investigation, experienced DUI Lawyers can often find evidential problems or focus on the positive aspects of a case in convincing a Prosecutor to dismiss or reduce charges or convince a Jury that there is reasonable doubt.

If you have been arrested for a DUI, you cannot afford to plead guilty without exploring your options and without effective representation. Gold and Witham Attorneys at Law are specialist DUI Defense Lawyers with many years experience successfully defending DUI charges in Orange and Los Angeles Counties. Call them for a free case evaluation at 562 938 7771.

DUI Laws in California change every year. Penalties increase and procedures change. Proffessional DUI Lawyers focus exclusively on this offense and dedicate their practice to this complicated area of law.

As of January 01 2009, it will be a new criminal offense for a person to drive a vehicle with a blood alcohol concentration of of 0.01% or higher while on probation for a DUI. This can be measured by a preliminary alcohol screening device or any other chemical test. (Vehicle Code Section 23154).

Previously, it was a probation violation to drive with a measurable amount of alcohol in your system, but not a completely new and seperate charge.

A person who is on probation for a DUI is deemed to give consent to a PAS test or chemical test if lawfully stopped. A refusal to submit to a test will result in a mandatory one to three year license suspension.

If you are on probation for a DUI in California you are presumed to be aware of this change in the law and you are liable to be charged with this new offense if you drive with any alcohol in your system while still on probation. Probation violation proceedings may also be filed in the original probationary court.

If you have any questions about this or any other changes in the law, please contact Gold and Witham at 562 938 7771 for a free consultation.

If you have been arrested for a DUI in Los Angeles or Orange County you need to consult with DUI Attorneys who are familiar with the range of possible penalties that can be imposed for drunk driving and more importantly, how to avoid those penalties.

If you are under the age of twenty five or if you have a high blood or breath alcohol reading, in addition to other penalties, the Court may want to order you to perform a HAM (Hospital and Morgue) Program and a MADD/VIP (Mothers Against Drunk Driving/Victim Impact Panel) Program.

The Hospital and Morgue Program involves a collaborative effort between Los Angeles and Orange County Superior Courts, and County Hospitals and County Coroner. The Program is intended to act as a deterrent to the commission of further DUI offenses. It is intended to educate DUI Offenders on the consequences of driving under the influence. Participants typically spend half a day at a Hospital and half a day at the Morgue. The impact of injuries to victims of DUI cases is discussed with trauma nurses and patients. A tour of the Morgue may involve witnessing an autopsy, discussing case presentations and listening to a talk by a guest speaker who was a victim of a drunk driver.

A MADD/VIP Program consists of a one time visit to a presentation by Mothers Against Drunk Driving focused on the consequences of drunk driving accidents and its impact on the victims of DUI cases. The meeting lasts approximately two to three hours.

The above penalties are not mandated by the Vehicle Code as minimum penalties and are discretionary in nature. This means that they can be avoided by negotiation. By retaining a DUI Defense Lawyer with experience in Los Angeles and Orange County Courts, you will be maximizing your chances of avoiding some of the above and more serious penalties you would face by simply pleading guilty without any representation.

If you have been arrested for a DUI in California and you have one or more prior DUI arrests leading to a conviction for DUI or alcohol related reckless driving, commonly known as a "wet reckless", the number one priority is to stay out of or limit County Jail. Sentencing on a DUI in California varies from County to County. On a second offense jail time varies between a mandatory minimum 96 hours to a maximum of one year. On a third offense, county jail time varies from a minimum one hundred and twenty days to a maximum of one year. A fourth offense can and will be filed as a felony with a possible State Prison Sentence.

However, the Court does have the discretion to consider alternatives to county jail including residential rehabilitation programs, work release or work furlough, electronic home confinement, or private jail. Gold and Witham Attorneys at Law have many years of experience in successfully keeping clients with prior DUI convictions out of county jail. Gold and Witham actively involve their clients in short term but intensive activities geared towards presenting to the court positive information about their character and attitude to the case. This may involve meetings with a Psychologist, voluntary AA meetings, community service, and out-patient or in-patient treatment programs. This approach, together with a thorough investigation into the facts of the case has proven to be very effective in pursuading judges in Orange County and Los Angeles County to accept alternatives to jail time.

Jail time for DUI convictions is increasing every year. The period of jail time varies considerably from court to court. There are courts in Los Angeles County that will consider granting the mandatory minimum jail time of 96 hours on a second offense, and there are courts in Orange County that routinely impose over 45 days jail time in the same circumstances. Anyone arrested for a second or third time DUI in Los Angeles or Orange County needs representation by an Orange County DUI Lawyer or Los Angeles DUI Lawyer familiar with individual policies in each County and in each court and how to approach a case with these important political considerations in mind.  

The Driver Safety Office of the DMV holds hearings on issues of driver safety including Negligent Operator Hearings, Fitness Hearings and DMV Hearings following a DUI arrest.

Moving violations and at fault accidents result in penalty points on a Licensee's driving record. Four or more points in one year, six or more in two years or eight or more in three years can lead to a six months license suspension. DUI convictions result in two penalty points as do reckless driving convictions and driving on a suspended license. If you receive a notice from the DMV stating that your privilege to drive is to be suspended as a result of too many accumulated points, you are entitled to a Hearing to challenge the suspension. This is called a Negligent Operator Hearing. You are normally given fourteen days from the date of the Notice to request the Hearing. You should contact the Driver Safety Office in your area of residence to schedule the Hearing. In Orange County, the DMV office is in Irvine and can be reached at (949)440 4416. There are three Offices in Los Angeles County, El Segundo (310)615 3522, Commerce (323)724 4000 and Van Nuys (818)376 4217. The DMV can take into account your need to drive, the mileage you drive and your explanation as to the individual traffic tickets in deciding to allow you to continue to drive, despite the points, on a probationary license. Driving in California is considered a privilege by the DMV, but in reality most people need to drive to earn a living in Southern California. This is very important to you and you should consult with a qualified Los Angeles or Orange County DMV Attorney immediately to maximize your chances of success at the Hearing.

The DMV can also suspend a person's privilege to drive if they receive information that a person is no longer fit to drive. This can result from a medical condition, age, or drug or alcohol addiction. If you receive a Notice from the DMV stating their intent to suspend you, you need to consult with a DMV Lawyer to schedule a Fitness Hearing. This is your opportunity to prove to the DMV that you are a fit person to drive and not a danger to the public.

The DMV Driver Safety Office is also the Office to contact if you have been arrested for a DUI. You are given only ten days from the date of your arrest to request this important Hearing. Suspension periods for DUI arrests vary from four months to three years depending on the circumstances. This DMV Hearing is your opportunity to avoid a license suspension.

If you face one of the above three circumstances, time is of the essence in taking the necessary steps to schedule a DMV Hearing. Gold and Witham Attorneys at Law is a DMV Defense Law Firm experienced in handling DMV Hearings in Los Angeles and Orange Counties. Contact them today at (562) 938 7771.

Do I need a Lawyer and how much does it cost?

I should make it clear from the outset of this blog that it is my advice that anyone arrested for a DUI in Los Angeles or Orange County needs a Lawyer experienced in defending DUI cases. It is refreshing when prospective clients call me to discuss what I can do for them with the mindset that they know that they need an attorney and are seeking the most qualified.

However, a significant portion of prospective clients ask me whether they need an attorney. The general idea is that they are guilty and that there are "standard" penalties for a DUI and that there is little that an attorney can do. This is simply not true. An experienced DUI Attorney can usually make a difference either by negotiating a dismissal, reduction in charges or by mitigating and reducing penalties.

The days when everyone charged with a DUI got the same if they pled guilty on the first court date are long gone. Penalties for drunk driving charges in California are increased every year and there are many factors the Court looks at in considering increased penalties including high speed, high blood or breath alcohol levels, bad driving, refusal to cooperate with the police, accidents, driving without a valid license, bad driving record and age of the defendant. Even on a first time DUI the maximum penalty is six months in County Jail and the Courts willingness to consider some jail time is becoming increasingly common. More importantly, although you may believe you are guilty and you are willing to accept responsibility, you do not want to plead guilty until you know what is going to happen to you or until your case has been looked at for potential legal or scientific defenses that only an experienced Dui Lawyer is aware of and able to present effectively.

If I have a medical problem, I go to a doctor. If I have a mechanical problem with my car I see a qualified mechanic. If I have a plumbing problem in my house, I call a plumber. These professional services cost money, but it is money necessarily and well spent. The alternative is to try and fix the problem myself and that normally means aggravating the problem and the resulting stress and higher costs of undoing mistakes. It is the same with DUI charges. It is not a good idea to try to represent yourself and the Judge will tell you this if you go to Court unrepresented. The Prosecutor is not your attorney and it is not his or her job to advise you or help you. Let an experienced DUI Attorney represent you. This will alleviate your anxiety and maximize your chances of a favorable outcome.

Cost is a factor for everyone, particularly in the present economic climate. It is very confusing to the public that DUI defense Attorneys in Los Angeles and Orange County charge fees that vary from under one thousand dollars to over ten thousand dollars. Although attorneys generally charge in accordance with what they think they are worth and what they think they can get, you must be very careful as some lawyers significantly overcharge their clients, and some lawyers do not charge enough for them to be motivated to do a good job and go the extra mile. Be careful to understand what the DUI Law Firms retainer agreement includes and does not include. You should hire the best DUI Attorney that you can afford after balancing your priorities.

Gold and Witham is a DUI Law Firm concentrating exclusively on defending DUI cases. Lawyers, Jeffrey Gold and Nigel Witham handle all cases personally and do not pass your file to a junior associate like other big firms. Call Gold and Witham for a free consultation at 562 938 7771.

If you have been arrested for a DUI and you are due to appear in Metropolitan Superior Court in Los Angeles, you need to consult with a Los Angeles DUI defense lawyer who is familiar with the politics and procedure for defending DUI charges in that Court.

Your first court date is called the arraignment. In Metropolitan Superior Court, arraignments for DUI charges are scheduled in Division 60 on the third floor of the building. Misdemeanor DUI charges are prosecuted by the City Prosecutor's Office as opposed to the District Attorney's Office. The Prosecutors in the arraignment Court are more experienced than the average Deputy DA dealing with DUI cases and in our experience are more willing to listen to arguments and mitigation. Results and penalties in DUI cases vary from Court to Court depending on the Prosecutor or Judge. It is our experience that Prosecutors in Metropolitan Court are more willing to entertain reductions in charges and penalties than in some other Courts. However, it is important that you consult with a DUI attorney who is aware of what can be achieved and how to achieve it.

DUI attorneys Jeffrey Gold and Nigel Witham have many years of practising DUI defense in Metropolitan Court and have a reputation as professional specialist lawyers. By retaining Gold and Witham to represent you in this Court, you can be confident that you will be working with attorneys who are familiar with the politics and personalties of the Prosecutors and Judges.

If you have been arrested for a DUI in Orange County and you are due to appear for your arraignment in Harbor Justice Center in Newport Beach, you need to be aware of the procedure followed in that Court and you need representation from a DUi Defense Lawyer who is familiar with the politics of defending drunk driving charges in Orange County.

If this is your first offense, your arraignment will probably be scheduled in Department H8 with Judge London. Judge London has a reputation for being a very fair Judge and sometimes it is advisable to seek an offer of penalties from him rather than entering a Not Guilty Plea and scheduling your case for Pre-Trial. This would be the case if there were aggravating facts such as bad driving, a traffic accident or a high blood or breath alcohol level. It is likely that in those circumstances Judge London would be more lenient than most Prosecutors in Harbor Justice Center

However, Judge London does not have discretion to dismiss cases or reduce charges. If you believe that you have a defense to DUI or challenging your case is important to you in an effort to have it dismissed, it is necessary to enter a plea of Not Guilty and schedule your case for Pre-Trial in Department H7. This gives you an opportunity to present any arguments in your DUI case to a Deputy District Attorney in an effort to have DUI charges dismissed or reduced. If, during the Pre-Trial process you are unsuccessful in negotiating a plea bargain to your liking, then it is necessary to set a date for a Jury Trial.

If you have prior convictions for DUI, it is likely that your first court appearance will be scheduled in another court room with a different Judge. More punitive penalties including jail time of typically thirty to ninety days on a second offense apply. One option that you may be given is to have your case heard in Judge Bigg's "Dui Court." If approved, you may then be given an opportunity to perform a one year period of rehabilitation classes through Orange County Probation Office. Although this is an effective way to avoid jail time, it is a demanding program in terms of time and effort and should only be considered an option for people who have flexibility with work schedules. It is also only appropriate for people who believe they have a problem with alcohol and who are ready to commit to sobriety.

For more information on the procedure and policies in Harbor Justice Center, Orange County, contact Orange County DUI Attorneys Gold and Witham for a free consultation.