- James M. Crawford, Attorney
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums.
You must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing with the DMV within ten days of your arrest so that your driving privilege is not suspended.
Unlike the criminal process at Court, the DMV is a civil matter, run by the Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;?
- Was the arrest lawful, and;
- Was your blood alcohol .08 % or higher at the time of driving?
A DMV hearing is won or lost based on technical issues. Since procedures are different between the Court and the DMV, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
Mr. Crawford has the knowledge and experience to secure a favorable outcome for driving under the influence charges and DMV matters, such as a dismissal altogether or a reduction to a lessor charge. reduce the time in custody or eliminate it altogether.
James Crawford has tried numerous DUI cases as a defense attorney and has a winning record. Mr. Crawford is a graduate of the Gerry Spence Trial lawyer's College and has extensive knowledge of the psychology behind the art of jury selection. If you have been arrested for a DUI, you can turn to James Crawford for the DUI law help you need.
Contact Mr. Crawford today to discuss your legal options and start planning your defense.
DUI
A DUI charge can lead to the loss of a driver's license, jail time, fines, community service or many other consequences. Understanding the laws and penalties associated with drunk driving can help you to avoid a violation or to proceed properly if a violation has already been issued.
What Is Intoxication?
To understand the charges, it is helpful to understand what exactly the law means by "intoxication". Intoxication is most commonly defined in two ways. The first is by the state’s legal limit—usually .08 or higher. Intoxication is also defined as the loss of a person’s normal mental or physical faculties because of the introduction of any substance into their system.
What Designates Operation of a Motor Vehicle?
Charges for driving while intoxicated can be brought even when the person charged wasn't actually driving a moving vehicle. In fact, any operation of a vehicle while a person is intoxicated is prohibited by the laws of every state.
Operation of a vehicle is so broadly defined that it includes almost any activity related to control of the vehicle. Activities which courts have considered sufficient for charges to be brought include turning the ignition on, pressing the brake pedal when the engine is on, and letting the vehicle idle in park.
Blood and Breath Tests
If the officer believes that the driver is intoxicated, he may want to confirm the results with an official breath test or blood test. These are admissible in court. Some states allow defendants to refuse to submit to a breath or blood test, but automatically suspend their license when they do.
Some courts even allow the refusal to be admitted at trial as evidence that the defendant was hiding his guilt by the refusal. Other states have no-refusal provisions for repeat offenses.
Defenses to DUI Charges
Before deciding to take a case to trial, a defendant should ask an attorney to evaluate the reliability of all the evidence. Defenses may involve challenging the validity of any field sobriety, breath, or blood test result and any other evidence collected by officers at the scene of the stop.
Sometimes, a claim by the defendant that the results of a test were inaccurate may be supported by the evidence the officer collected at the scene. Other times, the officer may have video recorded the defendant stumbling or failing the field sobriety test, or recorded the slurred voice of the defendant during the stop, which may actually be enough for a conviction whether or not the blood or other test results are called into question.
A defendant should also understand all of the sentencing options associated with a conviction and possible enhancements which may make the sentence more severe.
If You Have Been Charged With A DUI....
Call James M Crawford at (714) 538-0305 now.
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690
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