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Practice Areas

DUI Defense

A California DUI is really two cases at once - a criminal case in court and a separate DMV proceeding over your license. Both have deadlines, and both can be challenged on the stop, the testing, and the procedures the government must follow.

The criminal case and the DMV case

After a DUI arrest, the criminal case proceeds in court while the DMV separately decides whether to suspend your license. The DMV process has a short deadline to request a hearing, so prompt action matters.

  • The court case, with potential penalties and probation
  • The DMV hearing affecting your driving privilege
  • Strict deadlines to request the DMV hearing
  • Possible enhancements for prior offenses or high readings

Challenging the stop and the testing

DUI defenses often begin with the traffic stop: was there a lawful basis? From there, the defense examines field sobriety testing, the administration and calibration of breath and blood tests, and the chain of custody. Procedural and scientific issues can affect the case on both tracks.

Penalties and priors

Penalties increase with prior offenses and certain aggravating factors. Understanding the exposure and the available alternatives is part of building a sensible strategy for each client.

Prior results and recognitions do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.

Answers

Frequently asked questions

General information about dui defense. It is not legal advice. Every case turns on its own facts.

Do I really have two separate cases?
Yes. The criminal court case and the DMV license proceeding are separate, with different rules and deadlines. Both need attention after an arrest.
How quickly must I act on the DMV hearing?
There is a short window after a DUI arrest to request a DMV hearing. Missing it can lead to an automatic suspension, so prompt action is important.
Can a breath or blood test be challenged?
Yes. Testing can be challenged on calibration, administration, timing, and chain-of-custody grounds, among others, depending on the facts.
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Facing a federal investigation or serious charges?

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