San Luis Obispo County DUI Lawyer
Many folks find themselves in the situation of having been arrested for a DUI in the San Luis Obispo or Grover Beach area. As harmless and as common as enjoying a couple of cocktails may seem, the effects of such can be devastating if followed by an attempt to drive home afterwards if you had too much to drink. At the very least, engaging in such risky behavior could result in a costly traffic ticket coupled with jail time and the loss of your driver's license, but far worse is the possibility of injuring - and possibly killing - an innocent person. This is where a Drunk Driving Lawyer can help. The long lasting effects of an arrest for any alcohol related charge can be minimized with the help of competent and experienced legal counsel. We Defend all DUI charges for both alcohol, drugs and marijuana under the influence cases.
Frequently Asked Questions About a DUI arrest In San Luis Obispo County California:
Q. Why should I see an attorney about my San Luis Obispo DUI?
A. A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket. If you are convicted of a DUI, there are mandatory legal penalties. Your drivers license is automatically suspended unless you fight. Your auto insurance rates will skyrocket, and the conviction may be added to your credit report. If you hold a professional license, a conviction must usually be reported to your governing agency. In short, you have a lot to lose. So it makes good sense to see if you can defend yourself against these charges. An experienced criminal attorney can review the facts of your case to find legal defenses to the charges.
Q. What should I look for in a defense attorney?
A. Most attorneys do not practice criminal law, and you need a specialist to defend your rights. When you’re looking for a criminal attorney, you should evaluate the initial interview carefully. You should feel comfortable with the attorney and confident in his or her ability in this type of case. When you have questions, make sure they’re answered to your satisfaction. Some firms use "case managers", paralegals or secretaries to interview clients. Be sure you talk directly with a competent criminal defense attorney.
Q. Could I represent myself in court or DMV?
A. Do-it-yourself legal work doesn't’t make much sense. DUI is a criminal matter and there are stiff penalties. Take it seriously. A Grover Beach or San Luis alcohol related criminal case can stay on you record for life if not handled properly.
Q. What if I can’t appear in court?
A. Your attorney can appear for you in the San Luis Obispo Court in most cases, the Court is part of the San Luis Obispo County Superior Court. You don’t have to be present if you are represented by private counsel. All DWI charges from San Luis Obispo go to the Criminal Department in the Courthouse on Monterey. All cases are prosecuted by the b SLO District Attorney. All Drunk Driving and alcohol charges in Oceano Dunes, Grover Beach are heard in the Court on South 16th Street in the city of Grover Beach.
Q. Can I discuss my case with family members, friends, or coworkers?
A. No, don’t. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can’t be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.
Q. Can you guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most other areas of life, absolute certainty is not possible. However, the best results in any case always come from a good professional relationship with a competent attorney familiar with Drunk Driving defense in the area in which your case will be heard.
Q. Can I get my driver’s license back?
A. Possibly. Each case has its own special facts, and there are valid legal defenses that can be used against your DMV license suspension. One or more defenses may apply in your case. Your Lawyer needs to request and obtain an administrative per se hearing from the office of Driver Safety. In the South Bay, all hearings are held in the El Segundo Driver Safety office on North Sepulveda Blvd.
Q. What is the DMV APS hearing about?
A. The Police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
The DMV has the right to suspend or revoke your drivers license if you don‘t challenge the action. To do this, they decide whether the police officer had a legal right to stop you and a legal right to arrest you in San Luis Obispo. Then, depending on the test you took, they also decide whether your blood alcohol content was legally above the limit. DMV Hearings for test refusal cases are held in much the same way. An experienced DUI attorney can show proper procedures were not followed, or that the blood or breath test was not administered in compliance with state regulations, in doing so the test can be thrown out.
Q. What is DUI?
A. Drunk driving and DWI are common words in our every day speech, which should tell us something about the extent and familiarity of this growing problem. DUI defenders will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and other acronyms OWI, DUIL, DWUI. These web pages primarily use the expression, DUI (Driving Under the Influence). All of these terms are used to describe an offense involving being arrested by the police after driving and consuming an alcoholic beverage. California has two primary offenses that constitute the crime, those are Vehicle Code 23152(a) and 23152(b). For those under the age of 21 the main statute that applies is VC 23140, this section makes it an infraction to drive with any measurable amount of alcohol in your blood if you are below the drinking age, it is often referred to as the " zero tolerance " law.
Q. Is a DUI always a misdemeanor or minor offense?
A. Certain drivers may face felony DUI / DWI charges after a California drunk driving arrest. Anyone with three prior drunk driving convictions within the past 10 years will be charged with a felony after a fourth arrest. A driver who causes injury to another person also may face felony charges. A DUI / DWI with an injury is considered a "wobbler" offense in California, meaning it may be charged as either a felony or a misdemeanor. Also, any motorist who has been charged with felony driving under the influence (DUI / DWI) within the past 10 years will be charged with another felony for any subsequent drunk driving arrests within that time period.
Q. How will a conviction for DUI affect my car insurance?
A. Many insurance companies check your motor vehicle record only once every three years or when you're applying for a new policy. Sometimes, accidents, tickets, and drunk-driving convictions can escape your insurer's attention or don't end up on your motor vehicle record. However, if your insurer does find out about a driving under the influence (DUI) conviction, you're likely to feel the pinch of higher rates and possibly policy cancellation or non-renewal. Rates can be doubled or tripled, although this may be a price-gouging tactic. Hiring the right lawyer will help to insure the "pinch" of a conviction will not be in your future.
Local Area Resources
San Luis Obispo Sheriff Department
Grover Beach Police Department
Superior Court in San Luis Obispo
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Disclaimer:
You should be aware that advice on this web page is general in nature and not designed for specific cases of DUI, DWI, drunk driving, driving while intoxicated, driving under the influence of alcohol, driving under the influence of drugs, felony DUI, felony drunk driving, manslaughter, vehicular manslaughter, or other related criminal or civil matter. Each case will involve very different facts, laws, procedures and penalties. It is important in every case that obtain legal advice and representation from a competent criminal defense lawyer who is experienced in drunk driving defense — that is, who is familiar with the laws and the facts(symptoms of intoxication, field sobriety tests, blood alcohol tests, possible penalties, possible defenses, prior convictions, driver's license suspension ramifications, etc.) unique to your DUI case.
You should also realize that the California DUI laws and legal procedures mentioned on this web site will probably have changed as a result of new drunk driving laws, legal interpretations of those Drinking and Driving laws, and/or new DMV license suspension rules, policies and procedures.