A DUI Is Serious
A DUI is not a traffic ticket that can be easily dismissed. It is either a misdemeanor or a felony offense, depending on the circumstances. Consequences may include driver’s license suspension, probation, a drinking/driving class, increased auto insurance, and jail or “work release.” Charges and penalties increase if there is an accident, an injury, or a high blood alcohol level. A conviction for a DUI will appear on a person’s criminal record.
It’s important for you to understand the process from start to finish. Then choose the right DUI lawyer in Santa Cruz to defend you for the best possible outcome.
Overview Of The DUI Process
There are two important but separate proceedings in a Driving Under the Influence Case: The DMV Hearing and the Court Case. Both must be addressed in order to achieve the best possible outcome in your case.
The Court Case
The arresting officer will issue you a citation ordering you to appear in court on a particular day. The location of the Courthouse, time, and department for your appearance will be listed on the citation. You and/or your attorney must appear in court on the appropriate date.
The criminal case will proceed in either misdemeanor or felony court.
Your attorney will discuss the case with you, review the evidence, file any necessary motions, negotiate with the District Attorney, and talk to the Judge about your case. If no agreement can be reached, you have the right to a trial.
The DMV Hearing
You must request the DMV Hearing within ten days or your arrest. If you want to have a chance to protect your driver’s license, you must make the request within this time frame.
What Happens at the DMV Hearing?
At the DMV hearing, the DMV officer and your attorney will be present. Your attorney may subpoena other witnesses such as the CHP officer or an expert witness. The DMV officer acts as the arbiter in this setting and decides whether or not your license will be suspended. The hearing is behind closed doors and is not open to the public.
The DMV Hearing does not determine whether you are guilty of the DUI or not. That’s decided in your Court Case. The DMV Hearing will address the issues surrounding your arrest including the following:
- Was there reasonable cause for the traffic stop?
- Were you lawfully arrested?
- Were you driving a motor vehicle with a Blood Alcohol Content (BAC) of .08%?
- Did you refuse a chemical test? (Breath or Blood Test)
The answers to these questions will determine whether the DMV will “suspend the license” or “set aside the suspension.”
The DMV process is separate from the Court Case. A conviction for DUI in the criminal court can also lead to a suspension of your driver’s license.
Contact me to start working on your case today. I will assist you with both parts of the DUI process.
CALL ME NOW: (831) 515-8806
To learn more about the DMV Process: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/dl/driversafety/dsadminvscriminal#admin
Consequences Of A First Time DUI Conviction
- Fine Of Approximately $2,500
- License Suspension (6-10 Months)
- California SR22 Insurance Required for Restricted License
- Must Complete a Driving Under the Influence Program (3 Months Or Longer For Higher BAC)
- 48 Hours To 6 Months In Jail Or In A Custody Alternative Program
Real Client Reviews
“I had a DUI charge and a commercial driver’s license at risk. I got Rick Gazipura as my attorney and he did a great job against an Assistant District Attorney hell bent on getting a guilty verdict. I had 5 additional charges added on months later, some quite serious.
“In the end, we went to a jury trial. Mr. Gazipura brought in a great forensic scientist and I was found ‘not guilty‘ on the DUI charge. All other charges were dismissed except for ‘dry reckless driving,’ for which the judge gave me the minimum fine. Mr. Gazipura is a great attorney!”Cliff M.
“My DUI marked the end of a very tough chapter in my life. I found myself facing serious repercussions. Needless to say, I was really scared. Mr. Gazipura with his extensive knowledge and calm demeanor made me feel immediately better about my situation. He was so compassionate and caring, I knew right away I was in good hands.
“In the end, everything worked out really well. I’m so grateful to Mr. Gazipura for his hard work on my behalf! 5 stars and 10/10, I would recommend him to anyone.”Rose T.
“I was being charged with a DUI and with the help of Mr. Gazipura I was found ‘not guilty’ after the trial. Mr. Gazipura listened to me, was thorough in his research of the case, was knowledgeable of the law and the standard procedures of DUI testing, brought in expert witnesses, and with his calm demeanor won the case.
“I’m so grateful to Mr. Gazipura for the positive outcome of my case as it has allowed me to begin my professional career without difficulties. I would recommend Mr. Gazipura to anyone facing legal trouble.”A. C.
Real Case Outcomes
First Time DUI
The client was charged with a violation of Vehicle Code section 23152(e), driving under the influence of a controlled substance. A motion to suppress evidence was filed and heard in court. After evaluating the evidence at this motion, including the testimony of the CHP officer and the patrol car video, and considering the legal arguments, the Judge granted the motion. The DA subsequently dismissed the case.
Second Time DUI
With High Blood Alcohol Level
BAC of .28/.29%. Officer found the client in the middle of the road trying to start his car. After trial the client was found not guilty by a jury, the DMV was notified and client’s privilege to drive was reinstated.
Second Time DUI
Plea To Drunk In Public
The client was charged with DUI with a prior and driving on a suspended license. BAC of .21%. He was found in his car with the motor running and the tires spinning. After negotiation and a motion to suppress evidence was filed and denied, the case settled for a drunk in public.
Third Time DUI
The client was found with a friend near his car. Both men were intoxicated. Client was charged with a DUI with two prior convictions. After extensive investigation into the case, several witnesses were contacted who indicated the client was not the one driving the vehicle that evening. After providing this evidence to the District Attorney, the case was dismissed.
First Time DUI
Plea To Wet Reckless
The client was charged with violations of Vehicle Code sections 23152(a) and 23152(b). BAC of 09/.10%. Client stopped for weaving within the lane. Positive alcohol test on both preliminary and evidentiary breath testing machines. After negotiation with the DA, resolved for wet reckless with reduced fines.
First Time DUI
Refused To Complete Chemical Test
The client was stopped for tinted windows and loud music. The officer noted in his report she had red watery eyes, slurred speech, the odor of alcohol and an unsteady gate. According to the report the client did not perform satisfactorily on the field sobriety tests. The client’s license was suspended by the DMV for the refusal to submit to a chemical test. However, after jury trial, she was found not guilty of the DUI.
First Time DUI
Plea To Reckless Driving
The client was charged with driving under the influence of marijuana. According to the officer, client almost hit his patrol car. Client admitted recent marijuana use to officer and did not perform satisfactorily on the field sobriety tests. The case went to trial and the jury was hung. The DA subsequently offered a reduced offer and the case resolved for a plea to reckless driving..