Driving Under the Influence (DUI)

Driving under the influence cases flood our local courts and therefore there are three departments of the Monterey County District Attorney’s Office almost solely dedicated to them staffed by a whole host of prosecutors. A driving under the influence arrest can happen to anyone at any time and any place.

Over the years we have represented hundred of local residents, as well as many visitors to the Monterey Peninsula who have had their vacations or business trips rudely interrupted by a driving under the influence arrest.

We have a great deal of experience in dealing with such cases, including high blood alcohol readings (we always have them retested by an independent laboratory), purported "refusals," hit-and-run allegations and the associated Department of Motor Vehicles proceedings which accompany such arrests.

When representing out of state residents, we are careful to contact counsel in their home states so that we can coordinate our services in the counties we serve with their home state and thereby reduce any problems they might have with their license when they return home.

California DUI arrests can result in driver's license suspension as well as fines and jail-time. A good lawyer can help you take action to protect your rights and future interests. Our attorneys are skilled trial lawyers who look out for your best interests.

Once you are arrested, the California Department of Motor Vehicles (DMV) gives you 10 days from the date of your arrest to request a hearing, or else your driver's license will automatically be suspended in California 30 days from your arrest. It is vitally important that you contact an attorney within that 10 day period as the suspension can be stayed and a hearing before the DMV can be scheduled to contest whether or not your driver's license should in fact be suspended.

After being arrested for a driving under the influence offense, criminal charges will be filed against you, and you will have to enter a plea in court. If you have been arrested for DUI in California, these are your legal rights:

• The police must have probable cause to pull you over or arrest you
• At the point of arrest, you must be administered field sobriety testing and portable field-testing. If you refuse field-testing, the police will escort you to jail, where you must submit to a breath or blood test upon request
• You must be given the Miranda warning if you make statements to the police after you are arrested and placed in custody
• You must be given a choice of breath or blood testing
• You must be informed of the legal consequences if you refuse alcohol testing, you are violating California implied consent laws
• Since the breath test is administered at a police station is disposed of after the testing, you must be given the opportunity to obtain a blood sample for later testing

Your sentence may be enhanced if you:

• Had a prior conviction within the last 10 years
• Were caught speeding 20 mph over the speed limit
• Had a child younger than 14 in the car
• Refused to submit to alcohol testing
• Had a reading over .15%

Speak to our attorneys for assistance with your case. We can advise you of your legal options, and if necessary, help you seek an occupational license to drive to work.