For Commercial License holders, the stakes are high following a DUI arrest. Upon conviction for a DUI, the DMV will suspend commercial license privileges for a full year whether or not the DUI was committed in a commercial vehicle. Prior to Sepltember 20 2005, this one year suspension was only triggered if the DUI was committed in a commercial vehicle. Upon conviction of a second DUI, commercial license privileges will be revoked for life.

If a defendant with a commercial license suffers a one year suspension, it is still possible to apply for a Class C license and obtain restriction privileges on a first offense, to enable work related driving. However, the defendant will not be able to drive a commercial vehicle until the commercial license is reistated after one year.

In these circumstances, it becomes more important than ever to defend the DUI charges in Court and do everything necessary to challenge the evidence. This means retaining a DUI Lawyer in Los Angeles with experience in how to successfully challenge DUI charges. Tactics vary from case to case and from court to court and sometimes vary during the life of a case depending on what is or is not working, but an experienced DUI Defense Attorney in Los Angeles can guide your case to a positive conclusion.

There are no "safe harbors" -- easygoing jurisdictions -- when it comes to DUI prosecutions in Orange County.  Mothers Against Drunk Driving started in Orange County, and the lobby assesses there are thousands of arrests, injuries and deaths here annually, the result of alcohol-impaired or -related driving. Orange County DUI Lawyers know the conservative, punitive nature of Court and Prosecutors behind "The Orange Curtain," and that the Harbor Justice Center on Jamboree in Newport Beach is not a "harbor" you sail your DUI defense into carelessly.  There, dismissals and reductions to lesser offenses are given stingily, "home arrest" is accomplished uncommonly, 45 to 90 days jail on repeat offenses is imposed typically, and disdain for the arrested first offender is spread around daily.  Stronger ships have cracked up on lesser reefs than this.

To maintain the maritime metaphor, the only captain you can trust to guide you through the Rock and Hard Place of the Harbor/ Newport Beach Court is your selected Newport Beach DUI Attorney.  He knows the smoothest waters here -- which Judges and Prosecutors have the verve to consider rehab over punishment and technical and diplomatic defenses and considerations over political (MADD) party lines. He knows the players, and has regular and ongoing experience settling cases at the court.

DMV Administrative Hearings in Orange County -- at the Irvine Driver Safety Office on Von Karman Avenue -- are by nature disposed to losing you your licence.  Staffed by non-attorneys and with one of the highest suspension rates of all DMV offices in California's Admirnistrative Per Se Hearing System, Irvine DSO demands creative, resilient DMV defense lawyers to obtain the fairest chance of preserving your driving privileges.

Gold and Witham, Attorneys at Law, have maintained a regular practice in Harbor/ Newport Beach the last 10 years. We can help you sail clear there; we will help you find your best legal result in the Orange County storm watch. Please contact us at wedodui.com at your earliest opportunity.

LIke your first car, your first marriage and your first child, your first -- and hopefully your last -- DUI conviction is a life-changing event, with ramifications well into the future.  Your thoughtful, pragmatic consideration and selection of a drunk driving defense attorney can make all the difference to that future, of course, in terms of potentially minimizing and avoiding charges and penalties.  But our concern here is looking at what the State of California will seek to impose on you in the absence of such competent and specialized attorney representation.

Below an obtained .15% blood alcohol level, in the absence of other charges (hit and run, resisting arrest, child endangerment), the first offender is facing up to 6 months in jail ( and don't be misled, jail is now increasingly a threatened reality after a loss at trial in most California jurisdictions), a state alcohol "education" program of up to 9 months, community service and fines up to $4000.00. Since California's Vehicle Code expressly prohibits the option of foregoing an officer-requested blood or breath test, a blood test refusal inherently subjects you to the longest alcohol programs, the highest fines, 2 to 14 days jail time and a one year suspension of your California license or (potentially) national privilege to drive -- without the option of a "restricted"or provisional licence. Increased insurance rates, cancelled insurance, injured reputation, lost employment; all are prospective consequences-- for the next 10 years! -- beyond the anxiety and humiliation you suffered at the time of your arrest for your first DUI.

Gold and Witham, Attorneys at Law are here to help you.  Help you technically, courtesy of our staff of forensic court and administrative DMV experts. Help you psychologically, to smooth the road toward your best possible settlement and promote your safe, arrest-free driving in the future. Help you strategically, to motivate the Judge and Prosecutor to see you, not as the lastest in the thousands of those arrested for first offense DUI stopped each year, but as the typically responsible and civic person you in fact are, day to day.

It's a curiosity when the first question posed by a prospective client is, "Do I really need a Los Angeles DUI attorney?"  Well, if you're the sort to do your own dentistry or set your own bones when you break them, I guess you don't. For the rest of us, however, a specialist's care in a specialized problem area is obviously and always a benefit.  The Prosecutor has an army behind him in considering your DUI arrrest -- the arresting officers, the forensic criminalist who analyzed your blood or breath test evidence, the will of the People of the State of California, the agents of Mothers Against Drunk Driving -- and you have:  you. The science of blood alcohol analysis, the requirements of probable cause for DUI arrest, the protocol and strategy of DMV administrative DUI Hearings, the pros and cons of the court, specific courtroom and assigned prosecutor -- these are all vagaries of which the layman has little or no knowledge and yet which can pose a important difference or threat in the resolution of your case.

Gold and Witham, Attorneys at Law, is comprised of Los Angeles DUI Attorneys exclusively devoted to the practice of drunk driving defense in Los Angeles and Orange County. Jeffrey Lewis Gold, Esq. is a former Los Angeles County Deputy District Attorney and admittee to the Los Angeles Police Departmen with 25 years legal practice to his credit. Los Angeles DUI Lawyer Nigel Witham, Esq. has 23 years practice in criminal defense both here and in England. Retained experts Henry Greenberg (former Los Angeles Sheriff Department Criminalist) and Maro Sasaki (former DMV Administrative Hearing Officer) are retained to review all cases for their most pragmatic and producitve technical defenses. This kind of prosecutorial backrounded, long-experienced and common sense expertise is only available to a DUI defendant courtesty of a Los Angeles drunk driving law firm.  Don't walk this one alone, folks. 

An arrest for DUI can happen to almost anyone. To prove the point, it was reported today that the police chief for Alexandria City in Virginia was arrested for Drunk Driving on saturday following a traffic collision. It is reported that his blood alcohol level was .19%, over twice the legal limit in Virginia.

At Gold and Witham, Attorneys at Law, we have represented lawyers, doctors, business men, actors, sports personalities, mums, dads, students, priests and people from all walks of life. We treat all of our clients with concern and respect and understand that being arrested for a DUI can turn your world upside down.

You can reach Orange County and Los Angeles drunk driving attorneys Gold and Witham at 562 938 7771 for a free consultation.

Many defendants charged with drunk driving in California do not have an obvious defense but are nevertheless in a situation where they must do everything they can to avoid a DUI conviction. The obvious example would be a defendant whose career is at stake if he is convicted. In these circumstances it is often necessary to take the case to jury trial and effectively examine each and every point of evidence with a view to establishing reasonable doubt.

Even when the evidence against a defendant appears to be strong, prosecutors sometimes encounter unexpected difficulties at trial and struggle to prove the case beyond reasonable doubt. Complex issues of evidence and science may arise that require expert handling from an experienced DUI and Criminal Trial Lawyer in Los Angeles.

In any criminal case, the Prosecution bears the burden of proving each element of the case beyond reasonable doubt. Proof beyond a reasonable doubt is defined as proof that leaves the jury with an abiding conviction that the allegation is true. The evidence does not need to eliminate all possible doubt because everything in life is open to some possible doubt.

In my closing argument I like to tell the jury that if they feel that the defendant may be guilty, they must acquit. If they think the defendant is likely to be guilty, they must acquit. If they think that the defendant is probably guilty, they must, nevertheless acquit. Only if they are sure beyond all reasonable doubt, may they find the defendant guilty.

DUI lawyers in Los Angeles have their favourite examples that they give to the jury to illustrate the serious burden the prosecutor bears of proving the case. I try to make the jury feel that it is their job to find my client not guilty and if they do they will go home feeling good about themselves. I tell them that they will feel awful if they go home feeling that they may have found an innocent person guilty.

Prosecutors like to ask jurors to use their common sense. I tell them that this is not about common sense, but about critical thinking. Take the following example; As a parent you would feel comfortable allowing your child to skate on an indoor skating arena. However, if your child wanted to skate on a frozen lake, you would want to use critical thinking to establish the depth of the ice and whether the conditions were safe, given that the life of your child might be at risk. Most parents would decide that if there is any doubt as to the safety of the ice, even if it is probably OK, their child should be prevented from skating on it. I tell the jury that there is a lot at stake for the defendant and that he is entitled to the same critical thinking and level of caution in considering the evidence.

Nigel Witham of Gold and Witham Attorneys at Law has many years of experience as a Criminal Trial Lawyer and concentrates on defending DUI cases in Los Angeles and Orange Counties. You can reach him at 562 938 7771.

I received a call today from a potential new client who was facing a one year suspension of his privilege to drive in California because of his alleged refusal to submit to a blood test following a DUI arrest in Los Angeles. His circumstances were unusual because the police had allowed him an opportunity to call a lawyer on his cell phone before deciding  whether to submit to a blood test. Normally, the police deny access to an attorney prior to any blood or breath test because the law specifically says that a person has no right to legal advice before deciding whether to submit to a test.

The client had been involved in a traffic collision and suffered personal injuries requiring medical attention at the hospital. In these circumstances, the police may deny a breath test and insist on a blood test as it is impracticable to obtatin a breath sample as the suspect cannot be transported to the police station in a timely manner.

However, the lawyer who the client spoke to was not a DMV defense attorney in Los Angeles and misunderstood the law. He advised the suspect that he could insist on a breath test and refuse a blood sample.

The client is not able to rely on this mistaken advice at his DMV hearing as only police officer induced confusion is a defense at the DMV. I advised the client that it will be necessary to find another relevant issue if he is to be successful at the DMV.

The above underscores the importance of seeking advice only from qualified DUI Lawyers experienced in handling DMV Hearings and who understand the issues.

If you have been arrested for a DUI in Fullerton, Orange County or surrounding areas of north Orange County, your case will be scheduled in North Justice Center in Fullerton. Due to recent budget cuts in Orange County, we have recently experienced increased delays ,both with the filing of new cases, and the processing of cases in Court. I was in Court in Fullerton this morning and experienced a delay of three hours in the pre-trial court before my case was called for disposition. Only one deputy district attorney was handling pre-trials for all private attorneys.

The judge in the pre-trial court at present is a very reasonable judge. Judge Mahler will consider allowing defendants facing jail terms for multiple DUI's to apply for electronic home confinement, or "home arrest" through the Orange County Probation Office. Most other judges in Orange County will not allow home confinement in DUI cases.

The District Attorneys Office in Fullerton will also mitigate or lessen DUI penalties in appropriate cases if the defendant submits to a DNA test. In some minor cases, such as minor possession of drugs cases or drunk in public, it has become common in Fullerton for the Prosecutor to dismiss the case upon proof of a DNA sample.

If you have a DUI case pending in Fullerton, please call Orange County DUI Lawyers Gold and Witham for a free case analysis. You can call them toll free at 877 WEDODUI.

The California Supreme Court rendered a decision on June 09th 2009 which makes it easier to challenge breath test results in DUI trials. In the case of People v McNeal, the Court decided that evidence of partition ratio variability may be admitted to defend against a DUI charge.

Whereas blood testing directly measures a subject's blood-alcohol level, a breath sample must be converted to derive a blood-alcohol percentage. This conversion factor is known as a "partition ratio" and it reflects the relationship between breath and blood alcohol measurements. Breath testing machines in California operate on a partition ratio of 2,100 to 1 which means that the amount of alcohol in 2,100 milliliters of breath is condisered equivalent to the amount of alcohol in 1 milliliter of blood.

It is widely accepted that the actual partition ratio for indivduals can vary quite considerably, depending upon a number of factors including sex, body temperature and medical conditions. It is possible for a study to be undertaken by a toxicologist on an individual to compare their actual breath and blood sample results over time to see what their actual partition ratio is.

Evidence of partiton ratio variability is now considered admissable and relevant to the "DUI" charge (section 23152a) but not to whether a defendant drove a vehicle with a .08% breath alcohol level or higher (section 23152b). Previous case law makes it clear that evidence of partition ratio variability is irrelevant to vehicle code section 23152(b) as the legislature incorporated a 2,100 to 1 partition ratio within its definiton of the offense.

This change or clarification in the law will help defend cases where a defendant is charged only with the generic DUI charge in vehicle code section 23152(a) or in cases where there is a seperate defense to the "per se" charge in section 23152(b). Ofcourse, the case is only helpful to cases based on a breath test.

If you have any questions about this or any orther defenses to DUI charges in California, please contact Nigel Witham at Gold and Witham , Attorneys at Law. Gold and Witham is a DUI Defense Law Firm primarily defending DUI cases in Los Angeles and Orange Counties.

If you have been charged with a misdemeanor DUI and given a court date in Van Nuys Superior Court, you need representation by a DUI lawyer with experience in how to deal with DUI cases in Van Nuys court. Procedures and policies with DUI cases vary from court to court and what works in Metropolitan court will not necessarily work in Van Nuys court. The City Prosecutor usually prosecutes DUI cases in Van Nuys as opposed to the County District Attorney.

For example, most courts in Los Angeles County do not require a Hospital and Morgue (HAM) Program for adult first offenders. In Van Nuys, it is the policy of the court to require a HAM program for defendants under the age of twenty five.

The City Prosecutors Office in Van Nuys have an open policy of offering their best "deals" in the arraignment court; department 103. Following a plea of not guilty, DUI cases are transferred to a different department in the court and the offer made at the arraignment is withdrawn. The offer made in the trial court can then be more punitive. Ofcourse, if a case is going to trial and the defendant is not interested in plea negotiation, this does not matter, but for a defendant and attorney who wish to negotiate a settlement, this policy can be a nasty surprise.

Jeffrey Gold of Gold and Witham is a well known Los Angeles DUI defense attorney with many years of experience in Van Nuys Superior Court. Please call him at 562 938 7771 for a free consultation.