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Law Office of

FREDERIC J. WARNER

When You Need a Gladiator to Defend and Protect

DRIVING UNDER THE INFLUENCE (DUI)

Frederic Warner dui defense
When you have been arrested and charged for Driving While Under the Influence of Alcohol or Drugs, you are subject to License Suspension, Jail time and high fines. Both the California Department of Motor Vehicles and the courts impose penalties and consequences that require an experienced “DUI Attorney.” The DMV requires for you to contact their offices within 10 days of your arrest, otherwise your license will be “Suspended” for four months (No Driving Allowed!). The Law of Office of Frederic J. Warner has more than 40 years of experience to fight for your rights with the Department of Motor Vehicles and with the Courts.

Under current California DUI law, the first offense is punishable in jail up to a maximum of 6 months. The usual period of probation is three years. There is also a fine, which, along with mandatory penalty assessments, totals approximately $1800. In addition, a driver’s license suspension may be imposed and attendance in a state-approved alcohol program will be required. The length of the alcohol program will vary depending upon the high level of your blood-alcohol content. Lastly, some courts may also require community service, attendance in Alcoholic Anonymous meetings, etc. DMV may require the installation of an Ignition Interlock Device (IID).

Additionally, if “enhancements” are proven or admitted, the law requires more severe penalties. If your case involves a refusal to submit to chemical testing for blood-alcohol content, your driver’s license suspension is for one entire year with no possibility of obtaining a work-restricted license. One, two or three prior convictions carry increased jail sentences and longer license suspensions. For or more prior convictions changes the offense to a Felony, punishable by commitment to state prison.

Under California law, California vehicle code sections 23152 and 23153, the following regulations apply:
  • It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
  • If you are under the age of 21 it is a crime to operate a motor vehicle on a public roadway with a blood alcohol level of over .01. This means that even one drink may put you over the legal limit.
  • It is a crime to drink any alcoholic beverage in a motor vehicle on a public roadway
  • It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
  • Anyone arrested for driving under the influence must submit to a chemical test (blood, breath or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver’s license for one year.
If you are arrested for driving under the influence in Los Angeles and your blood alcohol level is .08 percent or more, your driver’s license will be taken away by the arresting officer at the time of arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative hearing and review. If you refuse to take a test, your license will be suspended for one year, if you lose your administrative hearing.

The Department of Motor Vehicles will suspend your license and issue a temporary permit for 30 days. You must schedule a DMV hearing within 10 days of your arrest in order to effectively fight your license suspension. Make sure you get assistance from you DUI defense attorney immediately after your arrest when challenging the DMV suspension.

If you have been accused of Driving Under the Influence, your time to get the right experienced DUI defense attorney is now. The Law Office of Frederic J. Warner will provide the necessary guidance and skill through this critical DMV process in an effort to win these DMV Administrative hearings and avoid a license suspension. Mr. Warner will vigorously defend your rights to a fair and unbiased trial and guarantees that you will receive the focused and individualized attention that you deserve.

It is vital that you choose a DUI defense attorney who combines experience with a great track record, a thorough understanding of the law and familiarity with the local courts and DMV. The Law Office of Frederic J. Warner has successfully represented hundreds of clients charged with DUI-related offenses and prides itself on aggressive representation with a personal touch.