If you have been arrested for DUI in Los Angeles or Orange County, Wiezorek & Geye has particular experience in dealing with these cases, and can help you through this difficult time. Being arrested for DUI is very traumatic, and is very often the person’s first encounter with law enforcement.

The attorneys of Wiezorek & Geye were prosecutors before becoming criminal defense attorneys. We have experience working for both the Los Angeles District Attorney’s Office and the Long Beach City Prosecutor’s Office. We’ve worked closely with law enforcement and the state’s criminalist to prepare cases for the prosecution. We have attended checkpoint roadblocks and watched and assisted the police in making DUI arrests. Now, we are using all of that knowledge to prepare defense cases with great results.

We are members of both the National College for DUI Defense Lawyers and California DUI Lawyers Association. We have also been qualified by the National Highway Transportation Safety Administration to administer and evaluate roadside field sobriety tests.

We have laid out below a comprehensive explanation of what you are looking at after being arrested for DUI. If you have any questions or would like a further explanation of any of the ideas set forth below, please feel free to call us for a free consultation.

+ WHAT YOU NEED TO KNOW IF YOU’VE BEEN ARRESTED FOR DUI:

+ Two Separate Cases

Once you are arrested, the police officer that arrested you writes a police report. He does two things with that report: he presents one copy to the local prosecuting agency for consideration of filing criminal charges; he also gives a copy to the DMV which triggers an administrative hearing on whether or not your license will be suspended. Thus, you are now facing two separate proceedings. These are separate proceedings and a good outcome on one does not guarantee the same outcome on the other!

+ Temporary License

The pink “temporary license” that you got from the police officer when you were arrested will act as your driver’s license for the next 30 days.

You need to contact the DMV right away!
It is very important that you request a DMV hearing within ten days of your arrest. If you fail to request a hearing, you will forfeit your right to even have a DMV hearing and your drivers license will be automatically suspended!

+ DUI Evaluation

The prosecutor is evaluating several factors to determine whether or not to proceed with a criminal case against you including:

• Your driving pattern (weaving, speeding, driving without lights on, etc);
• Your objective symptoms of alcohol consumption (blood shot, watery
• eyes, odor of alcoholic beverage, unsteady gait, etc.);
• Your performance on the field sobriety tests (one leg stand, finger count,
• walk and turn, etc.);
• Your preliminary alcohol screening results, if any (small breath test at
• side of road); and
• Your chemical test results, if any (blood or breath test).

+ DUI Charges

Most people arrested for DUI will ultimately be charged with two offenses:
Vehicle Code Sections 23152(a) and 23152 (b).

23152(a)
Driving under the Influence It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

23152(b)
Driving .08 or Higher It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

+ DUI Consequences

You are facing severe consequences including fines, jail time, license suspension, required alcohol classes, or more.

Additional Penalties

There may be other additional penalties
if you are charged with any of the following special factors:

• Refusal to take the chemical test;
• BAC of .15 or .20 or higher;
• Speeding in excess of 30 mph over the speed limit on the freeway
  or 20 mph
• over the speed limit on surface streets;
• You were involved in an accident;
• You were involved in an accident causing injury to a person;
• There were children present in the car;
• You were driving without a valid license;
• You were driving on a suspended license;
• You have prior DUI convictions;
• You have prior wet reckless convictions;
• You were alleged to be in an accident and left the scene.

+ Court Process Overview

Arraignment:
The first court appearance that will be made is the arraignment. If you hire an attorney, in most cases the attorney will make this appearance for you and you will not have to attend. At the arraignment, you will receive a copy of the complaint filed against you (a listing of what charges the prosecutor is alleging against you). You will also obtain a copy of the police report, scientific reports, and any supplemental reports including traffic collision reports, if they exist. The attorney will enter a plea of not guilty and set the matter for a “pre-trial” appearance, the next court date.

Pre-Trial:
The pre-trial hearing (or hearings—there usually are several) is an opportunity for your lawyer to negotiate on your behalf, to obtain necessary documents that were not previously provided, and to file any motions that might be appropriate in your case (like a motion to suppress evidence based upon an illegal detention or arrest). Most cases resolve at this stage. Often, attorneys are able to get charges or penalties reduced and reach a settlement that is agreeable for all parties involved.

Trial:
If the attorneys are not able to reach a settlement before trial, your case will proceed to jury trial. At trail, the prosecutor must prove beyond a reasonable doubt that you were driving under the influence. Your trial will consist of picking a jury of 12 people in your community, opening statements, witness testimony, expert testimony, cross-examination of witnesses and experts, presenting of evidence on your behalf and finally closing arguments. At the close of all the evidence, the 12 jurors will attempt to reach a unanimous verdict based on the evidence. The decision of whether or not to go to trial is rests solely with the client. We will advise you of all the possible risks and benefits of trial and you will be well versed in you case’s defense before that stage, so that you can make an informed decision.

What a DUI Lawyer Can Do for You

An experienced DUI attorney will first and foremost sit down with you and go through the strengths and weaknesses of your case, and give you an honest evaluation of where you stand. No two DUI cases are alike and you should be wary of attorneys that promise or guarantee results. Below is a sample of what every experienced DUI attorney should do in every DUI case, as well as any other additional work that is particular to your case:

• Challenge the reason for the stop;
• Check the maintenance and calibration records for the breath machine
• that was used in your case to make sure it was working properly;
• If you gave a blood sample in your case, conduct independent analysis of your blood;
• Consult with an expert to review the BAC analysis and procedure;
• Obtain documents from the prosecutor not initially provided;
• Subpoena records to your DMV hearing;
• In appropriate cases, subpoena the arresting officer to your DMV
• hearing for cross-examination;
• Interview witnesses;
• Draft motions to be filed with the court;
• Argue any relevant motions in court;
• Review radio records of the officer that arrested you;
• Conduct and investigation as to your arresting officer’s complaint history; and
• Make all court and DMV appearances for you.

Free Case Evaluation

If you would like to schedule an appointment to meet with an experienced DUI attorney to evaluate your case, at no cost to you, please contact Wiezorek & Geye.

Call us to set up a free case evaluation. We have competitive prices and a wide range of payment options. Credit cards are also accepted.