For anyone arrested for a DUI in Los Angeles County, the prospect of losing the ability to drive for any period of time is likely to cause some level of stress, anxiety and disbelief. The normal response normally involves something like this; "How I am supposed to get to work, perform my job and drive my kids to school?" There is no easy answer to this.

Ofcourse, the first step in defending a DUI is to contact the DMV to stay any suspension pending the outcome of the hearing, and then find arguments to try to avoid the suspension. If a suspension is ordered, then it is necessary to take the steps to reinstate as soon as possible on a restricted license. However, on a first offense, there is a mandatory thirty day suspension period before a licensee is eligible for a restricted license.

The question inevitably arises; "So what if I drive on a suspended license and I get caught?"

Driving on a suspended license when the suspension is following a DUI conviction, is a violation of vehicle code section 14601.2. Penalties involve a vehicle impound for thirty days, the requirement that an ignition interlock device be installed in the vehicle for one to three years and a minimum of ten days in county jail.

If you have any questions about the consequences of a DUI arrest and the potential impact on your privilege to drive in California, please call specialist LA and Orange County DUI Lawyers, Gold and Witham.

Westminster Councilman Andy Quach is fighting for his political career following his arrest for DUI in Westminster, Orange County this month. Some have called for Quach to step down. Quach has publicly apologized for the incident which involved an accident on August the first. Quach allegedly collided with another car, struck a concrete wall and severed a power pole. His blood alcohol level was reportedly 0.26%. Driving with a blood alcohol level of over 0.20% requires greater penalties including a nine month alcohol education program, instead of the minimum three month program. A DUI involving an accident in Orange County can lead to county jail time.

Some have publically supported Quach claiming that this is a personal matter, not affecting his duties as a City Council Member. This raises an interesting issue of personal as opposed to professional responsibility as many people arrested for DUI worry about how a conviction could be seen by present or future employers. Our experience is that a DUI can result in loss of employment, depending on the nature of the employment and the employers policies.

Gold and Witham Attorneys at Law is a specialist DUI Defense Law firm handling drunk driving cases in Southern California.

The U.S Department of Justice is conducting an investigation into allegations of abuses in Orange County Jail. The allegations include an account of an inmate who was killed by fellow prisoners after a deputy falsely told them that the man was a child molester. Allegations have also been made detailing Sherriff's use of Taser stun guns on handcuffed or restrained prisoners. Recently, the Orange County District Attorneys Office criticized Sherriff Deputies for a "code of silence" that permeated the department and hampered inquiries into potential criminal actions of Deputies.

County Jail time is a realistic concern for defendants charged with DUI in Orange County, particularly for multiple DUI offenders. In light of the above concerns, those charged with DUI in Orange County should seek counsel and representation from an experienced Orange County DUI lawyer. If the Orange County District Attorney and the Federal Government are concerned about the safety of inmates, anyone facing possible jail time should do everything possible to seek alternatives to a jail sentence. Alternatives include private jails, home arrest and residential treatment programs. Please call Orange County DUI Attorneys Gold and Witham for a free consultation.

Visitors to California who are arrested for DUI in this state cannot afford to ignore the matter and simply go home. Ofcourse, if the court date is missed, a warrant will be issued for the defendants arrest. Some take the view, "So what? I'm not coming back to California". While this may be the case, there is another matter to consider and that is the defendants privilege to drive in his or her home state. It may come as a nasty surprise to some, but a suspension of a persons privilege to drive for a DUI in California can result in a license suspension by a defendants home state.

Each state that is a signatory to the Driver's License Compact has a statute requiring that state to revoke or suspend driving privileges as a result of a suspension in California for a DUI.

California law allows some relief for people who have suffered an out of state suspension as a result of a DUI conviction in California. Normally, the DMV in California will not reinstate a persons privilege to drive unless proof of completion of a California alcohol education program has been filed with them. However, at the end of any period of statutory suspension, the DMV will terminate a suspension upon application of an out of state resident. Proof of residency and proof of out of state insurance is normally required. The DMV will then waive the alcohol program requirement. It should be noted that the court will typically require proof of completion of an out of state alcohol education program as a term of probation for a DUI.

The only way for an out of state resident to be sure of avoiding consequences in his or her home state, is to successfully defend the DUI allegation in California. Ignoring the problem will guarantee that the matter will become worse somewhere down the line.

Although the "mission statement" of the California DMV professes an aspiration to do "justice" to the needs of, and administrative actions against, California's licensed drivers, in fact, the Department is above all a political organization.  Apparently governed by the lobby Mothers against Drunk Driving in spirit, the DMV seems devoted to suspending, not protecting, the license of the casual drinking driver. Unlike the judicial/court system, where the Judge is (officially and ostensibly) independent of the prosecutor and defense attorney, in a DMV DUI hearing the "judge" (the administrative hearing officer) is the "prosecutor" (the same hearing officer):  the person bringing the claim against you is the same person deciding whether you are liable of the violation!  There is no independent "magistrate," as in administrative hearings in other states.

I know of no hearing officers trained or licensed as attorneys, criminalists or criminal justice theorists. I know of few hearing officers that have college, university or graduate degrees.  I do know of one hearing officer promoted from receptionist to hearing officer, entrusted to decide abstruse issues of law and science that can be challenging to dui lawyers with years of trained experience!

A few years back, an interdepartmental memo from DMV to its administrative staff was intercepted astonishingly instructing its hearing officers to aim for finding suspensions; ie, if there's a doubt, "suspend"! The Department is "depart-mental" (ie, say "goodbye" to your licence) when it comes to giving a "fair" hearing.

Your California DMV defense attorney, graduate and college-educated, uniquely trained in the law and diplomacy of DMV administrative actions, is the only force between your license and the order-takers (and it's obviously not your order) at the local DMV. Representation by yourself, by "cheap" and untrained lawyers, by Big Bazooka DUI blather-brokers ("we'll take your case up on a writ, dammit!") will all but assure you the eventual "Notice of Findings and Decision," suspending your licence.

Gold and Witham, DMV Hearing Defense Attorneys. Justice is not a "department" -- it's what you're owed.

At an arraignment today at the Fullerton Superior Court, I spoke with an attorney who worriedly announced, "I heard through the grapevine, Orange County is going to be consolidating all arraignments into one new court to be located at the Santa Ana Central Jail." This would prospectively lead to mass arraignments, eliminating defense counsels' ability to individually negotiate early dispositions to their clients' benefit -- prosecutors would just not have the time to discuss and bargain on a case-by-case basis.

A month ago the public heard of a new appellate case, McLean, which was rumored to be the end of the reliability of the California officer-administered breath test.

Last year we heard that the legislature was considering imposing the expensive, embarrasing and draconian ignition interlock breath testing device in the cars of every first offender DUI.

"Next stop for California -- the drop from an .08 to an .06 percent blood alcohol legal threshold."  Or: "Every DUI will now have his picture printed in local newspapers after conviction."  And:  "Orange County will soon use its new post-conviction-accumulated "DNA data base" to falsely accuse and prosecute for new crimes those convicted of simple DUI!" 

With thousands of arrests, injuries and deaths attributed to DUI in California, annually, it makes sense the State and its citizens are nervous, if not a bit paranoid, about the dangers and punishmentsof drinking drivers, and the zealousness of those prosecuting them. To separate the facts from the rumors you need facts, not fear.  The kind of facts, not fallacies, you can only secure from an experienced California drunk driving attorney.  Not your friends, nor their "experiences" in Court.  Not the newspapers or radio ads with their biases or Big Bazooka DUI Blathers.  Calm, strategic, creative DUI defense attorneys.  You've been arrested for DUI?  You want peace of mind?  It's not to be found in the DUI Rumor Mill.

Gold and Witham. Attorneys at Law.  Just the facts.  

When a person is involved in a traffic accident and the police smell alcohol on their breath, judgements are made and the police often jump to the conclusion that the accident was caused by the person to be prosecuted for DUI. This is not always the case. It is possible to be driving while under the influence of alcohol and be the victim of a road traffic accident caused by someone else's negligent driving.

In these circumstances, it is imperative that the court understands the defendants account of events and is presented with evidence that the accident was caused by the other party even if that person was sober. An accident can significantly increase the penalties for a DUI, particularly if personal injuries are caused. It is not fair to punish a defendant in this way if the accident was genuinely not their fault. Sometimes, particularly if the defendant is facing a felony DUI prosecution based on an accident, early contact with an accident reconstruction expert can be important. Witnesses should always be interviewed seperately. Often witness comments in a police report can be inaccurate. I recently interviewed a witness to a collison who allegedly told the police that my client was driving at night without her lights on. It turned out that she had not witnessed the accident at all, but had seen the aftermath and at that time, my clients vehicle did not have its lights on. This was explainable as my client had turned off her headlights after the accident.

The criminal court has the power to order a person convicted of a DUI to pay restitution to the victim. As part of any plea bargain, the court often expects a defendant to stipulate to liability for the accident. Obviously, if the accident was the other drivers fault, or a least partly the other drivers fault, no stipulation should be given and the issue of restitution must be challenged at a restitution hearing.

If you have been involved in a DUI accident, it is more important than ever that you consult with a Los Angeles DUI Lawyer with experience in this area. Please call Gold and Witham for a free consultation.

Field sobriety tests ("FST's) are typically physical and mental performance tests administered by an officer investigating DUI cases in order to lay the foundation ("probable cause") for an arrest. Officially, your succesful completion of these tests should lead to your release from investigative custody -- but don't hold your breath. Though ostensibly "objective" assessments of alcohol-caused impairment, an officer's evaluation of your perfomance is essentially subjective (exhaustion, nervousness, fear, inclement weather and rough testing environments have been known to look just like alcohol or drug "impairment" -- and vice versa -- so how "dispositive" can they be?). Walk-and-turn, one leg stand, finger to nose and thumb to fingers tests "measure" for affected coordination and balance.  Number counting and aphabet recitation "assess" mental ability.  The officer's conclusion you "failed" any number of these tests will be the basis -- and justification -- for your DUI arrest and the subsequent requirement you be "chemically tested" (blood or breath) to "objectively" confirm the impairment suggested by the FST's.

DUI courts in California are concerned with two Vehicle Code violations:  impairment ("driving under the influence," CVC 23152(a)), which is usually established by FST performance, and statutory blood alcohol level threshold ("driving with a blood alcohol level at or above .08%," CVC 23152(b).  DMV administrative hearings rarely concern themselves with FST's and "impairment" as these hearings are exclusively governed by CVC 23152(b):  convincing evidence the "Licensee" was below .08% and any failed FST performance will be considered irrelevant and the DMV action set aside. 

An experienced and creative DUI attorney can contest and prospectively discredit the officer's assessment of your FST's, often by turning a prosecutor's or jury's attention to the incremental ways a driver may have in fact cumulatively passed the myriad, individual elements that actually make up each kind of test (looking at the trees, rather than the forest, so to speak). But in some ways the "real"  -- the most dangerous -- and the most helpful -- FST is not the ones approved by the National Highway Traffic Safety Administration, but the one hidden in the average police report in the section, "Objective Signs."  The category "Demeanor" holds a field-gathered officer assessment that can make or break you with a prosecutor as much or more so as any formal field sobriety test:  described as "resistant," "combative," or "belligerent" and your FST's can be those of trained gymnast and you'll still be busted with the cop and DA. "Calm" and "cooperative" is the first clue to a prosecutor that a settlement might be had, that generosity might be in order. That the typical "Big Bazooka DUI"- type saber rattling and trial mongering can be avoided. Because your respectfulness from the start, as expressed in your courtesy to the cop, indicates a citizen who, whether he was actually DUI this time, is unlike to repeat the offense in the future. The "attitude test," -- and passing it -- just may be the most important field sobriety test you take, in the field, and at the courtroom. 

A DUI becomes a felony if a defendant has three or more prior DUI convictions in ten years or the incident leading to the arrest involved a traffic accident that led to significant personal injuries to another party. In these circumstances, a defendant is facing a possible state prison term unless the court grants probation.

Many courts handling felony DUI cases in Los Angeles or Orange County offer an early disposition program, whereby a defendant who is willing to plead guilty and accept responsibility at an early stage in the proceedings will be considered for probation instead of a state prison sentence. Normally, the judge will require a probation report detailing the defendants family background, work history, criminal history and attitude to the case. The probation report is given a lot of weight by the judge and a recommendation that probation be denied or granted will usually be followed by the judge.

It is very important that a defendant be advised by an experienced felony DUI attorney before taking the step of committing to an early disposition and discussing the case with a probation officer. A defendant should be given legal guidance as to whether there are any potential defenses to the felony DUI charge. If it is decided that an early disposition would benefit the defendant, careful consideration should be given to presenting as much positive information to the probation officer as possible, such as letters of character reference, psychological report, attendance at AA meetings or treatment programs etc. If there are victims in the case, consideration should be given to compensating them financially as soon as possible, either through insurance or privately. The probation officer is likely to contact any victim for their views, and they are likely to be fairer to the defendant if they have been fully compensated.

Drunk Driving Defense Lawyers, Nigel Witham and Jeffrey Gold have many years experience in defending felony DUI charges in Southern California courts. Please contact them for a free case evaluation. 

The "high blood alcohol enhancement" (CVC sec 23578) discretionarily (at or above .15%) or mandatorily (at or above .20%) poses up to 9 months of a court-ordered alcohol education program, up to $4000 in fines, and prosepctively 10 months of license suspension.  Claims that "I wasn't drunk" or that "somebody must have spiked my drink" are not accepted defenses.

The "refusal enhancement" (CVC sec. 23577) codifies the DMV's prohibition against refusing, or failing to complete, an officer-requested chemical test, the allegation of which mandatorily requires 48 hours/ 2 days jail, minimally.  That your friends, or the attorneys advertising at "Big Bazooka DUI," told you "not to cooperate with the cops" should you ever be arrested is not a well-received defense.

The "child endangerment enhancement" (CVC sec.23572) mandatorily poses 48 hours (up to 90 days) jail for those convicted of DUI while driving with a passenger under 14 years of age. "I was being careful..." or "It's my own child, for God's sake!" are inelegant defenses to be used at your peril.

The best answer to your enhanced sentencing is not your selected DUI attorney's enhanced beligerence; if you lose at trial after such bravado, you'll find yourself suffering the higher end of the enhancement sentencing ranges described above.  "Strike the enhancement?" is a question you want your attorney to effort to motivate, not attempt to imtimidate, the Prosecutor to answer:  "Yes. Your client has earned it."  Striking the enhancement is a discretion to be exercised by any California prosecutor, should he so choose.  Contact Gold and Witham, DUI Attorneys at Law, at your earliest convenience, to see how we can get you -- and quickly-- to "Yes"!

What does that mean, "the best DUI lawyers in Los Angeles"?  They "win" every case?  Well, statistically, most DUI cases do not go to trial, but are in fact settled through a negotiated plea, so "winning" is a misleadingly rare concern.  They "kick butt and take names"?  Your "Big Bazooka DUI" types from the radio ads imply that beligerently threatening a prosecutor with trial will intimidate him into giving you that dismissal you want.  But think about it:  where else in your life does telling a guy to "go to hell" motivate his cutting you a break?  Truth be told, most DUI defense lawyers are only concerned with the limited results in you current case, not changing the path to, nor the character of, your hopefully arrest-free future.

But your future is important, and being built right now:  Mothers Against Drunk Driving, the powerful, political anti-DUI lobby, has statistics showing that a third of those convicted of a first time DUI overwhelmingly go on to repeat the offense within 7 to 10 years, and at significantly greater penalties. So success in handling your DUI, now, should include educating yourself out of any prospect of recidivism, in future.

At Gold and Witham, Attorneys at Law, we don't just want to "get you off" -- we want to get you better.  A better result, legally (reductions and dismissal of charges and penalties), a better result emotionally (being personally hand-held through all the taxing terms, conditions and requirements of settlement and probation) and a better result philosophically (your first time arrest may be just the right time to soul-search your use of alcohol at times of stress -- or even at celebration). Our firm will help you prepare for life after a dui conviction -- the  short-term responsibilities, the temporary personal discomforts and the long term life-style gains and opportunities.

So. The "best lawyers in DUI"?  Oh, that's right. The ones that get you peace of mind...