Criminal Defense Attorneys

Criminal Defense Attorneys

Law Offices of Tony M. Seyfi, A Professional Law Corporation

Violent Crimes, Sex Crimes, Alcohol and Drug Offenses, White Collar and Theft Crimes, Juvenile Matters

DUI Lawyer Los Angeles

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DUI LAWYER LOS ANGELES

Defending a DUI case under California Vehicle Code 23152 or 23153 in LA requires specialized Knowledge and skill by an experienced lawyer. With the help of our trained DUI attorney who aggressively defends Drunk Driving charges, avoid jail time and license suspension in all Southern California Courts including Los Angeles, Pasadena, Van Nuys, and Airport courts.

To fight your DUI, please call us and have accurate answers to the following questions available so that we could better evaluate your case:

1. Have you ever been arrested for drunk driving in Los Angeles before?

2. Have you ever been convicted of drunk driving before?

3. In what City in California were you arrested for Drunk Driving?

4. What was the date of your arrest for DUI?

5. What alcoholic beverage did you drink prior to the stop?

6. Did you admit to the officer that you had something to drink?

7. Did you admit to the officer that you used any drugs?

8. Did you have a valid driver’s license at the time of the arrest?

9. Did you have valid insurance at the time of the arrest?

10. Did a police officer or a witness see you driving?

11. Did you admit you were driving?

12. Were you involved in a traffic collision?

13. Was any passenger injured in the traffic collision?

14. Was there anything mechanically wrong with your vehicle?

15. Why did the officer stop you or pulled you over?

16. Did you immediately stop after the police activated his siren?

17. Did you have difficulty pulling over and parking the car?

18. Did you have difficulty producing your driver's license or registration?

19. Did the officer give you any field tests?

20. What tests do you remember doing?

21. Have you ever had injuries involving your ankles, knees, or back?

22. Do you have any mouth, teeth, or gum disease?

23. Do you believe you passed the field sobriety tests?

24. Did the officer give you a breath test out in the field?

25. Did the officer tell you could refuse to take this test?

26. Did the officer give you a choice of taking a blood or breath test?

27. What was the result of your tests?

28. Did you refuse to take a breath or blood test and why?

29. Were you advised your license would be suspended if you refused?

30. How did the officer obtain your breath sample?

31. How many breath samples did you give?

32. Did you eat, drink, urinate or vomit prior to the test?

33. After taking the breath test, did the officer offer blood test?

34. If you gave blood, was your arm cleansed with a non-alcohol swab?

35. Did you take the blood test voluntarily or was it coerced?

 

D.U.I. CHEMICAL TESTING

In California, upon a D.U.I. arrest, the officer inquires whether the driver would consent to chemical testing to determine the alcohol concentration of his or her blood. You should know that you could refuse to submit to this test. However, you must also know that the California Department of Motor Vehicles may suspend your driver’s license for one year if you refuse the test. You could lose your license for two years for refusal on a second D.U.I.

 

Blood Tests

If you are prepared to take the test, you may take a blood test. Blood test is usually performed near the time of the arrest by a registered nurse at a hospital. Your defense attorney could challenge the blood test result using various techniques and arguments. Sometimes, the person administering the test is not a certified or qualified individual. Also, the blood result could be questioned if the blood was contaminated or was not properly preserved or stored with sufficient preservatives. The blood vial or its chain of custody could also be lost. The advantage of choosing a blood test is that your attorney could request a sample of your blood for independent testing by a preferred forensic lab. This test result may be below the legal limit as compared to the one conducted by the police.

Breath Tests

Breath test is an alternative method of testing Blood Alcohol Content (BAC). A breath test must comply with Title 17 of the Code of Regulations of California Health and Safety Code. Officers generally follow a checklist to administer a breath test. However, it is not uncommon for officers to make a mistake. Also, for 15 minutes prior to administering the breath test, the officer must observe you to ensure that you do not drink, smoke, vomit, or ingest any food or medicine. Numerous other challenges may be made to a breath test. An experienced D.U.I. defense attorney will help you in discrediting a breath test should your case proceed to jury trial.

 

POSSIBLE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

 

1st D.U.I.:

A) If No probation granted: 48 hours to 6 months in jail; and $390 to $1,000 fine plus penalty assessments; plus six months license suspension.

 

B) With three to five years probation: 90 day license restriction allowing driving to and from work and within the course and scope of employment or school, and fine of $390 to $1,000 plus penalty assessments.

2nd D.U.I.:

A) If No probation granted: 10 days to 1 year in jail; $390 to $390.00 to $1,000 fine plus penalty assessments; and an 18 month license suspension

 

B) With three to five year probation: 48 hours to 1 year in jail; $390 to $1,000 fine plus penalty assessments; an 18 month alcohol program; and a 1 year license suspension. A restricted driver's license allowing driving to and from work and within the course and scope of employment is available only after successful completion of the first 12 months of a second offender alcohol program.

3rd D.U.I.:

Minimum mandatory: 120 days to 1 year in jail; $390 to $1,000 fine plus penalty assessment; a 3 year license revocation; and an 18 month multiple offender alcohol program if one not already completed.

 

4th or Subsequent D.U.I D.U.I. involving injuries, or a D.U.I. within 10 years of a previous felony D.U.I (This is normally charged as a felony)

 

A) If probation granted: up to 1 year in jail; $390 to $1,000 fine plus penalty assessments; a 4 year license revocation; and an 18 month multiple offender alcohol program if ordered by the court.

 

B) If probation denied: 16 months to 3 years in state prison and a driver's license revocation.

OFFENDERS UNDER AGE 21:

California has a zero tolerance law for drivers under the age of 21. That means for those under 21, a blood alcohol content of .01% is sufficient to convict of drunk driving.

DRIVER'S LICENSE SUSPENSION FOR D.U.I.:

1st offense: four months, beginning 30 days from the date of arrest; one year suspension for offenders under 21 years of age; one year suspension for DUI with refusal.

 

2nd Offense: twelve months, beginning 30 days from the date of arrest; two year suspension for DUI with refusal.

 

3rd Offense: up to three years of license revocation.

 

4th Offense: up to five years of license revocation.

HOW TO AVOID SUSPENSION OF YOUR DRIVER'S LICENSE:

D.M.V. HEARINGS:

You only have 10 calendar days from the date of your arrest to request an administrative per se hearing with California D.M.V. to save your driver's license. If you request a hearing with the time allowed, you can also request a stay on the suspension of your driver's license until the date of the hearing. With the help of an experienced D.U.I. lawyer your Driver's license may be reinstated. In order to obtain a restricted license after an arrest for a first D.U.I. you need Proof of enrollment in a first offender Alcohol Program. In order to reinstate your license, you need the following:

 

1) An "SR22", that is proof of insurance certificate

2) Payment of a reissue fee to the DMV 3) Proof of completion of an Alcohol Program

 

VEHICLE IMPOUND AND INSURANCE CONSEQUENCES:

A conviction for Driving Under the Influence is frequently used by insurance companies to increase auto insurance premiums. Also, if you are stopped for driving on a suspended license, the court may order "impound" of your vehicle for up to 30 days, If you continue to drive on a suspended license and get arrested for multiple violations, the police may "forfeit" or sell your vehicle.

Affordable and Convenient Payment Plans. Call for Details.

213-252-1000 - FREE CONSULTATION



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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.

Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.

866-533-3363
Law Offices of Tony M. Seyfi,
Criminal Defense Attorney
9777 Wilshire Blvd. Suite 900
Beverly Hills, CA 90212
Tel: (213) 252-1000
Tel: (818) 788-2010
E-mail: help@zerojail.com


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Legal Disclaimer: This web site is for informational purposes only and its use does not constitute legal advice and does not create an attorney-client relationship. You should not act or rely on any information on this web site without first seeking the advice of a Criminal Defense attorney. The Law Offices of Tony M. Seyfi makes no representation or warranty regarding the materials on this web site and assumes no liability for the use or interpretation of information contained herein. The information provided on this web site is provided without warranty of any kind to anyone.

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