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California DUI Basics 2018-04-04T09:54:05+00:00


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DUI DEFENSE

California DUI Basics

Dri­ving Under the Influ­ence also referred to as a DUI, is a criminal charge pursuant to Vehi­cle Code Sec­tion 23152(a) and is a mis­de­meanor.  To be con­victed of this charge, the Dis­trict Attor­ney must show that you oper­ated a motor vehi­cle with under the influence of alcohol or drugs.  A con­vic­tion for a first DUI can carry a penalty of six months jail, heavy court fines, pro­ba­tion, as well as an order that you par­tic­i­pate in an alco­hol treat­ment pro­gram.  In addi­tion to crim­i­nal penal­ties, the Depart­ment of Motor Vehi­cle (DMV) will sus­pend your driver’s license and your car insur­ance will be neg­a­tively impacted.  Many indi­vid­u­als charged with a DUI are also charged with vio­lat­ing Vehi­cle Code Sec­tion 23152(b), Dri­ving with Exces­siveBAC.  A charge under 23152(b) requires that you have a BAC of .08 or greater and car­ries greater penal­ties than a con­vic­tion under Sec­tion 23152(a).

When you are pulled over for a sus­pected DUI, the police offi­cer takes your driver’s license and you are given a tem­po­rary license which will expire within 30 days auto­mat­i­cally and an Order of Sus­pen­sion of your Driver’s License.  Though, you have 10 days from the date the police con­fis­cated your license to request a DMV Admin­is­tra­tive Review of the sus­pen­sion. If you do not make the request for hear­ing within 10 days, your driver’s license will auto­mat­i­cally be sus­pended at the end of the 30 days.  This admin­is­tra­tive review hear­ing allows you the oppor­tu­nity to show that the sus­pen­sion was not jus­ti­fied.  The DMV Admin­is­tra­tive Review is inde­pen­dent from any court pro­ceed­ing.  You may be rep­re­sented by an attor­ney at the DMV Admin­is­tra­tive Review but you will only have an attor­ney fight­ing for you at this hear­ing if you hire an attor­ney.  No attor­ney will be pro­vided for you to defend your case.

An arrest for DUI should be han­dled imme­di­ately by an attor­ney.  You do not have time to wait.  You have only 10 days from your arrest to request a DMV Admin­is­tra­tive Review of your driver’s license sus­pen­sion.  If you fail to make this request, your license will be sus­pended.  On top of the DMV process, you also will need a lawyer to fight the court case.  Can you imag­ine how your life will change if your driver’s license is sus­pended and you have to go to jail?  Let our attor­neys develop a sound legal strat­egy for your DUI case.

Ben­e­fits of Hir­ing Our Law Firm to Defend You for your DUI

1. Rep­re­sent you at the DMV Admin­is­tra­tive Review Hearing

2. Try and Pre­vent your Driver’s License from being Suspended

3. Explain the Court Process to you

4. Work to Min­i­mize the Neg­a­tive Impact that a DUI can have on your Life

5. Enforce all of your Rights in Court includ­ing seek­ing a dis­missal of all charges

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Testimonials
Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.
Annifred F.
An excellent and professional consultation followed by a successful win of my case.
Dan P.
Thank you Kirk. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
James
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
Adrian A.
I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
Client
I want to thank Bobby, Kirk, and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
Suriel A.
I would like to thank Mr. Shamuilian and Mr. Tarman for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.
Bachir
Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
Christine
I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
Tobias
Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!
Neckole S.
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
Blaine
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Patty, Kirk and Bobby!
Rod R.

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