For those charged with DUI in Newport Beach, Orange County, the Harbor Justice Center runs a program known as "DUI Court" whereby second and third time DUI offenders are given the option of committing to a one year program of rehabilitation instead of spending lengthy periods of time in Orange County Jail. The Program involves weekly meetings with probation officers and health care workers and is geared towards treating people for their alcohol problems in order to prevent the commission of further offenses. The program is run by Judge Biggs who requires defendants in his program to appear in his court weekly for progress reports. It is a difficult program to get through and is inflexible in terms of its requirements, but is an effective way to keep out of jail for those who are ready to commit to sobriety.

Penalties for a second or third DUI include up to one year in county jail. For those who complete the program, the minimum period of jail is served by electronic home confinement.

However, according to reports in the Orange County Register today, because of budget problems in the present economic crisis, the County Health Department may need to cut the program this summer. This would be despite county reports that the program saves money in the long run by keeping people out of county jail, and reduces recidivism.

The end of the program would be an extreme disappointment to those directly involved, including Judge Biggs who has worked hard at making the program a success since its inception in 2004. The program has become a National model for other Courts to follow.

In the competitive world of DUI defense in Southern California, it never ceases to amaze me what DUI lawyers will say to get prospective clients to retain them. Many of my clients call a number of attorneys before deciding to retain this firm and I hear stories almost every day relating to other attorney's promises or threats. Some DUI lawyers believe that it is a good idea to inform clients that they are going to go to jail for a very long time unless they retain them. Other lawyers make actual or veiled promises of a dismissal of all charges, without discussing how this can be achieved.

The State Bar of California governs the professional conduct of attorneys in California and sets rules and guidelines for attorney's to follow. In criminal cases, lawyers should not make promises or guarantees of particular outcomes. Lawyers simply cannot do this professionally. Criminal proceedings are uncertain in nature and ultimately, judges and juries decide the outcome of cases, not defense attorneys.

Likewise, DUI lawyers should not threaten that a potential client will face inappropriate penalties such as lengthy jail time unless they are retained, unless this is justified by the facts.

Professional DUI Lawyers will not use scare tactics or make inappropriate promises to get business. When you call a lawyer for the first time, you should expect an honest appraisal of your circumstances. You should be able to get the sense that the lawyer understands your problem and has ideas and tools to address the specific issues in your case. You want your attorney to be confident, but not arrogant. It is understandable that people want to hear that they are going to be fine and that charges will be dismissed, but professional attorneys will tell you that a thorough investigation of your case is necessary before such assessments can be made. The information that you can give an attorney at the beginning of your case is valuable, but only part of what the attorney needs to know.

I am often consulted by people who are upset with their attorney, because they have been misled, inappropriately advised or simply forgotten about. Bad lawyers can and do increase stress and make matters worse. Make sure that you are comfortable with your attorney from the beginning as the selection of your attorney is probably the most important decision you will make about your case.

All experienced DUI lawyers can boast of cases that have been dismissed, charges reduced or jury trials won. Be careful with statistics though, as they can be misleading. You should be aware that defending DUI charges in Orange County and Los Angeles is difficult and is becoming more difficult every day. Do not "expect" a particular outcome.

When interviewing an attorney, you should try not to focus on the likely outcome, but on the attorney's qualifications, experience and reputation. You should ask the attorney how many years of experience they have in defending DUI cases. You should establish whether the attorney is a member of any DUI Defense Associations such as the National College for DUI Defense or California Deuce Defenders. You should make sure that the attorney is familiar with the Court that is handling your case and the prosecutors and judges there. You may even establish whether the lawyer has ever received any State Bar complaints.

At Gold and Witham, our goal is to provide an honest and professional service and to guide your case to it's most successful conclusion, with the least amount of stress. Although we cannot make promises as to particular outcomes, we have the experience and reputation to maximise your chances of getting what you want.

According to news reports today, former NBA star and TV personality, Charles Barkley, pled guilty to DUI in Scottsdale, Arizona. He is set to begin a five day jail sentence on March 21st. He must also pay fines totalling approximately $2000, attend an alcohol treatment program and install an ignition interlock device on his vehicles. According to Court records, Barkley had a blood-alcohol level of .149%.

The penalties are not in keeping with what you would expect for a DUI in Los Angeles or Orange County with similar circumstances. Jail time would not normally be imposed and an ignition interlock device is not normally required on a first offense. However, Courts are increasingly looking to impose more than the standard minimum penalties and this makes it more important than ever to consult with an experienced DUI attorney.

Upon arrest for a DUI based on drugs or medication alone, the arresting officer should not take your drivers license from you. Normally, when a person is arrested for DUI, if the police believe, based on breath test results, anticipated blood test results or a refusal to provide a sample, that the suspect is over a .08% blood or breath alcohol level, the arresting officer will seize that persons license and issue a temporary license. The Licensee must then contact the DMV within ten days to request a DMV hearing or face an automatic license suspension. This procedure does not relate to DUI arrests based on drugs or medication alone.

However, if the DMV receive a report from an arresting agency that a person has been arrested for driving under the influence of drugs, the DMV can send a seperate notice to the Licensee suspending that persons privilege to drive if the DMV is concerned that as a result of an addiction to drugs or prescribed medication, that person is unfit to drive. The DMV typically gives fourteen days from the notice to contact the driver safety office to request a "Fitness Hearing". At this hearing medical or other evidence can be presented to convince the DMV that the Licensee is a safe and fit driver. The suspension proceedings can then be set aside.

If you have been arrested for a DUI based on medication or drugs and you are concerned about a potential license suspension, please contact Los Angeles and Orange County DMV Attorneys Gold and Witham for a free consultation.

Defending DUI charges in Los Angeles or Orange County involves issues of law and science. Proffessional DUI attorney's develop a close working relationship with an experienced blood/breath alcohol expert or toxicologist.

In breath test cases, it is important to obtain the maintenance and calibration history of the breath machine and to check on the operators qualifications and the procedures followed. This information should be reviewed by a toxicologist experienced in looking for problems associated with the machine.

In blood test cases, it is important to obtain a portion of the sample for re-analysis by a toxicologist to check on accuracy, levels of preservative and bacterial growth.

In addition, it is important for the toxicologist to review information from the defendant concerning the amount and type of alcohol consumed, when it was consumed and to compare this infornmation with the other evidence in the case.

Gold and Witham Attorneys at Law have a long standing relationship with experienced and well respected toxicologist Henry S. Greenberg and review all of their cases with him for potential defenses. If you have been arrested for a DUI in Los Angeles or Orange County, make sure that you consult with a DUI lawyer who has an experienced expert on his "team".

Effective jury selection is crucial in any criminal case and this certainly applies to DUI cases because of the prejudice many people have toward defendants charged with drunk driving. If you have been arrested for a DUI in California and you have made the decision that you wish to try your case, you need representation by a DUI attorney with trial experience and an understanding of the importance of jury selection.

During jury selection, the judge will initially conduct an examination of the jurors and ask some basic questions, such as whether they are married, what they do for a living, whether they have been on a jury before etc. However, following the courts initial examination, prosecuting and defense counsel are then given an opportunity to ask questions of potential jurors geared toward establishing whether individual jurors can be fair in the case at hand. Some jurors will disclose information that would lead the judge to excuse them for cause if they simply cannot be fair due to prejudice or past experience.

Experienced DUI defense attorneys are able to question prospective jurors so that the eventual make up of the jury is more likely to favor the defendant. There are a number of subjects that DUI defense lawyers address during jury selection including burden of proof and standard of proof in criminal cases in order to educate the jury pool and to seek out potential jurors who are likely to convict based on their answers. Potential Jurors who should be sought out and excused include authority figures, people who do not drink at all or believe that it is against the law to drink any alcohol and drive, contributors to Mothers Against Drunk Drivers, victims of DUI drivers, and people married to CHP Officers. Each side in a drunk driving case is entitled to ten peremptory challenges. This means that up to ten jurors can be excused by either side without giving a reason. Following these challenges, the defense hopes that a jury has been selected that can consider the evidence fairly and come to the right verdict of not guilty.

DUI defense attorneys Nigel Witham and Jeffrey Gold are experienced trial lawyers who understand the process and politics of jury trial in DUI cases. Please call 562 938 7771 for a free case evaluation. 

The California Highway Patrol will be ramping up it's efforts to arrest drunk drivers as a result of a $5.9 million grant from the California Office of Traffic Safety. The money is ear-marked for an increase in the number of DUI checkpoints and DUI patrols. It will be distributed throughout the State and will essentially pay for the overtime of Officers engaged in the programs.

Law enforcement agencies are increasingly aware of the number of DUI related traffic accidents and the need to keep drunk drivers of the roads. In 2007, 1,489 people were killed as a result of alcohol related accidents, and another 30,000 people were injured.

Prosecutors and Judges in California Courts are increasingly elected and promoted based on how they deal with DUI Offenders. There is an enormous amount of public pressure to deal with DUI Offenders harshly. Penalties increase every year. Groups like Mothers Against Drunk Drivers monitor the performance of judges and the penalties that are handed out.

If you have been arrested for DUI in Orange County or Los Angeles, you will be dealing with a Court system that is very aware of the number of people injured or killed by drunk drivers. Even though most DUI offenders do not cause traffic accidents, Prosecutors and Judges treat defendants on the basis of what could have happened, particularly if there is a high blood alcohol reading or dangerous driving alleged.

DUI defense lawyers, Nigel Witham and Jeffrey Gold are experienced in the politics of DUI defense and know how to address the Courts concerns. If you have been arrested for a DUI in Los Angeles or Orange County and you want the Court to treat you differently, you need an experienced attorney who can present the facts of your case and your personal circumstances to the Court to justify a lenient disposition.

There have been a number of celebrity DUI arrests recently.Santa Barbara County Sheriff's deputies arrested Hollywood actor Gary Collins for DUI on the Central Coast. Deputies stopped the driver in Summerland around 8:30pm on Saturday. They say the driver was swerving. Santa Barbara Superior Court has a reputation for imposing jail time on first time offenders.

Chargers defensive lineman Jamal Williams was arrested early sunday on suspicion of DUI. He was stopped by the California Highway Patrol for speeding in his 2008 Bentley. A blood sample was given but the results are not yet available. He was booked and released on bail.

Being arrested for a DUI in California is something that can happen to almost anyone given the right combination of bad judgement and bad luck. Gold and Witham Attorneys at Law have represented doctors, police officers, lawyers, teachers, sports personalities, actors, business men and women and even pastors who have been caught up in the system. These people are not used to being arrested and accused of a criminal offense and it can come as a great shock to be treated as a criminal.

If you have been arrested for a drunk driving in California, call Gold and Witham Attorney's at Law. We will treat your case with the professionalism, personal attention and sensitivity that you expect.

A Court should not require a person to attend AA (Alcoholics Anonymous) meetings as part of their penalties for a DUI conviction because of the religious element involved in these meetings. However, it is common for AA meetings to be offered in plea negotiations and a defendant can consent to attend AA meetings as a condition of probation in order to avoid additional or greater penalties. So long as the defendant agrees to the terms of probation, the court can then order AA attendance.

Attending AA meetings voluntarily prior to the resolution of the court case can also be an effective way to negotiate a better plea bargain, particularly in cases where the blood alcohol level is high or there are prior DUI convictions on the record. Judges and Prosecutors like to see acceptance of responsibility for any underlying alcohol problem. Afterall, treatment, education and rehabilitation are the most effective tools to prevent the commission of future offenses. Prosecutors can be persuaded that accepting AA attendance instead of more punitive penalties such as jail time is ultimately more likely to protect the public.

Many people arrested for a DUI in Los Angeles do not have a drinking problem, but on the other hand, many alcoholics are prone to come up with a list of reasons as to why treatment is not necessary for them. Many people resist  attending AA meetings, even if they do have a problem.

Based on my experience defending DUI charges in Los Angeles and Orange County over the last fourteen years, I know that attending AA meetings voluntarily is often short term inconvenience to avoid greater long term penalties and should at least be considered an option for anyone arrested for a DUI.

Clients who have been suspended by the DMV as a result of a DUI arrest often ask me what would happen if they are stopped driving on a suspended license. This is Los Angeles and many people decide to weigh the risk and consequences of driving on a suspended license simply because they feel that they have no choice.

If you are stopped by the police and your privilege to drive is suspended because of a DUI, your vehicle will be immediately impounded for a thirty day time period. You will be given a citation to appear in court for a seperate criminal prosecution per Vehicle Code Section 14601.2. The penalties the court must impose include a minimum of ten days county jail for a first offense up to a maximum of six months county jail. In addition, the court will order the installation of an ignition interlock device in any vehicle owned or operated by you.

Driving on a suspended license in Los Angeles could also result in probation violation proceedings in the original DUI case if you are still on probation.

If you have been arrested for driving on a suspended license as a result of a DUI arrest or conviction, please call Gold and Witham Attorneys at Law to discuss your options.