With more than 40 years of combined experience, our DUI attorneys have proven throughout the years that we can be trusted to protect the rights of our clients. If you have been accused of drunk driving, we cannot stress enough the importance of contacting us immediately. You will be facing two branches of your case with a criminal case and an administrative hearing-and you need to act fast to protect your legal rights.
In fact, you only have 10 days after your arrest to schedule your DMV hearing! Get the information you need to find out the next steps and ensure your rights are upheld. With thousands of DUI arrests, injuries and fatalities occurring annually in California alone, Mothers Against Drunk Driving and their judicial agents act to punish the casual drinking driver in an extraordinarily severe fashion.
In fact, you only have 10 days after your arrest to schedule your DMV hearing! Get the information you need to find out the next steps and ensure your rights are upheld. With thousands of DUI arrests, injuries and fatalities occurring annually in California alone, Mothers Against Drunk Driving and their judicial agents act to punish the casual drinking driver in an extraordinarily severe fashion.
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The first (DUI "per se") refers to driving a motor vehicle with a blood alcohol concentration of 0.08% or higher. This may occur even when a driver shows no signs of impairment whatsoever, as long as he/she has a level of alcohol in his/her blood above the legal limit. The second part refers to the actual impairment of abilities.
Appeals & Expungement
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Have you been convicted of drunk or drugged driving? All hope is not lost! Gold & Witham may be able to help you appeal a conviction or expunge your criminal record to protect your future. Expungement is an option if you would like to clear a DUI conviction from your criminal record. After a successful expungement, your DUI will be cleared from your public record-allowing you to stop worrying during job interviews, background checks, and more.
Breath Tests
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Breath tests are commonly administered after DUI arrests by having a driver blow into a machine which then evaluates his/her blood alcohol concentration (BAC). If this number is found to be 0.08% or higher, the driver will most likely face DUI charges. It, however, is important to note that even when a client fails a breath test, a skilled lawyer may be able to secure a win in court.
Criminal Court Process
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The DUI court process can be complicated and confusing-especially if you have never dealt with it before. Fortunately, the DUI lawyers at Gold & Witham have 40+ years of collective legal experience and know the ins and outs of the entire criminal court process as it relates to DUI. After a DUI arrest, the individual's first court appearance will be the arraignment.
DMV Hearings
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A DMV hearing may also be referred to as an administrative per se (APS) hearing. It is a hearing held at the local California Department of Motor Vehicles (DMV). While held similarly to a court procedure, with evidence presented, a DMV employee who has no legal training will oversee this hearing and deliver a judgment/decision regarding the suspension of driving privileges.
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