Los Angeles DUI Lawyer
Expert DUI Defense in LA County and surrounding areas.
Los Angeles, Orange County, Ventura, Riverside, San Bernardino, Santa Barbara, San Diego
Our experienced team of DUI / Drunk Driving defense attorneys at the Law Offices of Sean Tabibian & Associates have acheived a proven record of success for clients throughout Los Angeles, Orange County, Ventura, Riverside, San Bernardino, Santa Barbara, San Diego, and other Southern California communities. Sean Tabibian lawyers are dedicated to representing clients arrested for DUI aggressively, making sure their rights are fully recognized.
Law Office of Sean Tabibian & Associates DUI Legal Defense
There are several methods for challenging a DUI charge:
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Set a DMV hearing within 10 days of the date of your arrest.
Scheduling this DMV review of your case is the only chance a California driver to save his/her drivers license. Failure to do so within the allotted time frame means NOTHING can be done to save your license.
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Scrutinization of the Arresting Officer's Methods and Qualifications
Some cases rely on breath machine results while others rely on the results of a blood test. If you took a breath test you must realize that the "BA" reading could be inaccurate - very inaccurate. The machine is simply that, a machine. Have you ever heard the phrase "garbage in garbage out." If the operator was not properly trained or the machine was not properly maintained then you may have a basis to fight.
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Independent Laboratory Results
If you blood was drawn in medically approved manner, then it should be tested by an independent laboratory to verify the accuracy of what is being used in a criminal action against you. Many times the independent lab results vary widely from the results gathered by the government in their effort to convict you.
Mistakes To Avoid If Arrested or Charged with DUI
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Mistake: Not Retaining a Reputable Defense Attorney to Represent You.
The number of people arrested and convicted for "Driving Under the influence" increases everyday. In fact it is very likely that you already know someone who has been convicted of a DUI. It is also very likely that they may tell you that getting an attorney didn't help them because they still got convicted and therefore you shouldn't get one - the public defender can just "plead you out." This is fine if you are willing to automatically give up your license for months, spend extra time (unnecessary) going to classes; maybe spend time in jail, and finally maybe picking up trash on the side of the road. A majority of this can often times be avoided by retaining an attorney, any attorney, who can challenge the District Attorney and who can present the weaknesses in their case - most cases have problems that the District Attorney does not wan to reveal.
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Mistake: Retaining the Cheapest DUI Attorney You Can Find
A large number of attorneys will often send you mail that offers low rates for representing you - in fact it is not uncommon to see offers like "starting at $499.00." The problem with this kind of deal is that the price for services is not set. You can tell this because they use the word "starting." If that is the starting price then how much total will you spend - this is something they won't tell you unless you come in and meet them in their office. You would be better off to retain an attorney who is going to quote you a price that is constant and which includes specific items of work to be done - like a DMV hearing, negotiating the case with the DA, reviewing all discovery and including or excluding a jury trial. High quality, aggressive representation can be found for reasonable flat fees.
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Mistake: Not Taking a DUI Arrest Seriously
Many people do not realize the potential for problems when they ignore an arrest and the subsequent court dates. Ignoring a case and the court will result in the court issuing a warrant for your arrest. If this happens you could be placed into jail at anytime - without warning and because you failed to appear in front of the Judge on your own he will probably not be to willing to let you out until you plead guilty - which means you would have given up any opportunity to challenge the case against you.
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Mistake: Not Retaining DUI Defense Attorney Within 10 days of Arrest Date.
It is easiest to explain this by using a recent case as an example. A young gentleman was arrested for a DUI and did not retain an attorney nor did he set a DMV hearing within 10 days of the date of his arrest. As a result his license was suspended 30 days after the date of the arrest but before his first court date. This young man, after talking to several people, decided he should probably hire an attorney which he did before his court date. After his first court date he was then arrested for another DUI and driving on suspended license.
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Mistake: Not Preparing for a DMV Hearing for DUI Offense
Regardless of the outcome of a court case for DUI charges, the DMV has the ultimate authority to suspend the driving privalege of ANYONE suspected of DUI. Without adequate legal representation and case preparation for your DMV hearing, you may be missing the only opportunity to save your license.
Criminal DUI FAQ
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I've just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
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At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ยงยง23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
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The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other -
The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
The hearing is your opportunity to show that the suspension or revocation is not justified.
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For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
- A first offense will result in a 4-month suspension.
- A second or subsequent offense within 10 years will result in a 1-year suspension.
- If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
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Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
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The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
- The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol
- Both the blood or breath tests are not available
- You are a hemophiliac
- You are taking anticoagulant medication in conjunction with a heart condition
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
- A first offense will result in a 1-year suspension.
- A second offense within 10 years will result in a 2-year revocation.
- A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
- A first offense will result in a 1-year suspension.
- A second offense within 10 years will result in a 2-year revocation.
- A third or subsequent offense within 10 years will result in a 3-year revocation.