HUNTINGTON BEACH DUI LAWYER
Throughout California, over 100,000 people are arrested annually for impaired driving offenses. Because it poses a serious public safety issue, state prosecutors often seek the harshest available penalties under the law. Not only will you be fighting a front in criminal court, but you will also be fighting the Department of Motor Vehicles to maintain your license. Though you may feel embarrassed and frightened, the best time to seek assistance is immediately following the DUI arrest. A DUI conviction will have lifelong effects: It can cause issues with securing affordable housing, obtaining professional licenses, and even enrolling in college. You can set yourself up for the best possible result by first contacting an experienced DUI attorney.
Huntington Beach DUI Lawyer & Law Firm
Huntington Beach DUI attorney Jacqueline Goodman of The Law Office of Jacqueline Goodman has over 20 years of experience successfully representing Californians accused of various crimes. Her comprehensive and dedicated approach to legal representation has earned her a proven track record with cases and a 10 Superb Rating on AVVO. Her tenacity and strength will give you the best possible outcome, given the circumstances of your case.
DUI PROCESS
- The arrest: Most DUI arrests occur after being pulled over. During this step, the officer will administer a chemical test and replace your license with a pink temporary driver’s license.
- DMV hearing: The DMV is one of the two agencies you’ll deal with during a DUI. You have 10 days to file a hearing request with the DMV; the hearing is the only opportunity to halt the administrative suspension of your license.
- Pre-trial: Most DUI cases stop during this step, as they’re resolved before trial. The prosecutor must reveal their evidence to your attorney; it is then possible to try to lower the charges.
- Trial: There may be some instances when continuing to trial is the recommended option. Reliance on a court trial can be risky, so choosing a law firm with a winning reputation is important.
I am committed to providing my clients with the trusted counsel and aggressive defense they deserve. I believe in redemption and helping people get second chances. I devote a significant portion of my practice to criminal justice reform and I have provided pro bono representation in impact litigation to change the laws to benefit every Californian.
No one is perfect, and everyone has flaws. A mistake should not define you, and our Orange County criminal defense attorney is ready to fight to protect your future, no matter the charges. Attorney Jacqueline Goodman is here to get you out of this difficult situation and put you back in the position you were in before your trouble started!
POTENTIAL PENALTIES FROM A DUI
As discussed previously, California DUI penalties differ depending on how many DUI convictions you have in the 10 years before the current charges.
FIRST OFFENSE DUI POTENTIAL PENALTIES
- Jail for up to six months
- Fees and fines up to $3,600
- Administrative per se license suspension, four months or longer
- DUI school for three months
- Installation of an ignition interlock device in your vehicle (potential)
- Probation lasting three to five years
SECOND OFFENSE DUI POTENTIAL PENALTIES
- Jail for up to a year
- Fees and fines up to $4,000
- Administrative per se license suspension, up to two years
- DUI school for 18 or 30 months
- Installation of an ignition interlock device in your vehicle (mandatory)
- Probation lasting three to five years
-
"She's an amazing attorney that you can count on."- Aliya J.
-
"I felt like I was getting represented by a superstar attorney. She'll run circles around any DA."- Marcus W.
-
"Choose her to represent you in the orange county area"- Elizabeth E.
-
"Honest, hard working, and compassion, would describe, Jacquie."- Dorian C.
-
"She took the time to understand our concerns an worries."- Joe G.
-
"I have so much respect and admiration for her - and the women in her office"- Caleigha C.
-
"I can't say enough good things!"- Travis H.
-
"If you are looking for someone that is going to put in all of their effort and fight for the outcome you want, choose her."- Former Client
REAL PEOPLE. REAL RESULTS.
-
CASE DISMISSEDCASE DISMISSEDCHILD ENDANGERMENT / CRUELTY
Penal Code 273a(b) Child endangerment/cruelty.
+ - -
CASE DISMISSEDCASE DISMISSED
CHILD MOLESTATION
Child molestation: Felony.
+ - -
CASE DISMISSEDCASE DISMISSED
PROBATION VIOLATION
PC 1203.2 Committing a new crime or violating any term or condition of probation.
+ - -
CASE DISMISSEDCASE DISMISSED
ATTEMPTED MURDER OF POLICE OFFICER
Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.
+ - -
CASE DISMISSEDCASE DISMISSED
CONTEMPT OF COURT ORDER
Contempt of court order by a gang member.
+ - -
CASE DISMISSEDCASE DISMISSED
CHILD SEX ABUSE CASE
Child Sex Abuse case dismissed.
+ -
WHAT CONSTITUTES A DUI IN CALIFORNIA?
Alcohol can impair your judgment and reduce your ability to safely operate a motor vehicle. Because of this, California restricts your ability to use motor vehicles while under the influence of excessive amounts of alcohol. They determine this by testing your blood alcohol concentration (BAC). You cannot operate a vehicle with a:
- BAC of 0.08% or higher if 21 years old or older.
- BAC of 0.01% or higher if under 21 years old.
- BAC of 0.01% if currently under a DUI probation.
There are even stricter regulations for commercial vehicles. For example, a BAC of 0.04% and higher is illegal for a driver in a vehicle that requires a commercial driver’s license to operate and in a vehicle that has a passenger for hire present at the time of the offense.
California’s driving under the influence laws do not just apply to drunk driving; they also apply to any drug that can impair your driving ability. Illegal drugs fall into this category, but some prescription and over-the-counter medications are also included. For example, any medication that causes you to experience drowsiness or the inability to concentrate on the road is illegal to use while driving; therefore, it is important to understand how a medication will affect you before you operate a vehicle. In addition, a police officer can legally require you to take a urine or blood test if they suspect you are under the influence of drugs.
GROUNDS FOR A DUI CASE DISMISSAL
There are potential avenues for DUI case dismissal in Orange County, California, but it is a complex method to attempt.
- Improper procedure: Your case can be dismissed if the arresting officers and other police involved in the arrest did not follow proper procedures.
- Inaccurate chemical test: Mistakes can happen during the test processes that could negate the charges. Conditions such as diabetes and being on a keto diet can also cause ketosis, which can cause inaccurate breathalyzer results.
- Lack of evidence: Police and prosecutors must collect enough evidence to secure a conviction. They must not only prove that you were under the influence of drugs and/or alcohol, but they must also prove you were operating the vehicle while intoxicated.
- Civil rights violation: If you experienced a civil rights infringement during the arrest, it might be possible to have the case dismissed.
The first step to attempting a DUI charge dismissal is speaking with a criminal defense attorney. They can provide insight into the possibility of overturning the case and then create a plan for the attempt. It is important to note that a case dismissal is not the same as being found not guilty. The arrest will still be on your record, and the DMV can still take action to suspend your license.
dUI LAWYERS FAQ'S
Huntington Beach, CA
-
Do I Have to Comply With the Police Chemical Test?California Vehicle Code 23612 states that a person has given implied consent to a chemical test if they drive under the influence of alcohol and/or drugs. Technically, you can refuse to take a breath or urine test; however, it will result in additional fines and mandatory imprisonment if you are found guilty of driving under the influence. Refusing a breath, urine, or blood test will also result in more administrative penalties concerning your driver’s license suspension.
-
Can You Get a Public Defender for a Drunk Driving in California?There are three options for representation in a DUI case: doing it yourself, accepting an appointed public defender, or hiring an attorney. A public defender is a licensed attorney appointed by the court to offer legal representation to someone who cannot afford to hire or who does not wish to hire an attorney. This is the best option for someone who is unable to afford the costs of hiring their own attorney, as you do not need to attempt to defend yourself and make harmful mistakes. However, public defenders must carry heavy workloads, so they may not have sufficient time to pay close attention to any one client.
-
Is a DUI Arrest a Felony?A DUI is typically a misdemeanor charge, but certain circumstances can increase the charge to a felony. Before sentencing a defendant in a DUI case, the court will consider any previous DUI convictions the defendant has had within the past 10 years. Three prior DUIs in this period will escalate the charge to a felony. Other factors that may increase the charge to a felony level are a BAC of 0.15% or higher, reckless driving, causing an accident that injures others, and resisting arrest.
-
What is the Cost to Hire a DUI Lawyer?Lawyers typically charge their clients on an hourly basis. An average hourly cost for California DUI lawyers is between $400 and $800. This fee depends on factors such as the firm’s experience and the severity of your case. Prior DUI or other drug/alcohol-related convictions will make your case more complex and costly, as will being under 21.
CHOOSING A HUNTINGTON BEACH DUI LAWYER
It is generally acknowledged that you need a lawyer to handle your DUI case competently, but choosing the right one can be nerve-wracking. Choosing the wrong lawyer can result in a more negative outcome than was possible with an experienced DUI lawyer. On the other hand, hiring a lawyer can help you gain insight into the types of penalties you’re facing from someone with experience in the field. If you’re facing DUI charges, look to the Law Office of Jaqueline Goodman for answers and representation.
POTENTIAL PENALTIES FROM A DUI
As discussed previously, California DUI penalties differ depending on how many DUI convictions you have in the 10 years before the current charges.
