DRIVING UNDER THE INFLUENCE (DUI) / DRIVING OFFENSES
*** IF YOU ARE ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI), YOU OR YOUR ATTORNEY MUST REQUEST A DMV HEARING WITHIN 10 CALENDAR DAYS TO PLACE THE SUSPENSION ON HOLD AND GET A LICENSE HEARING.
DUI‘s and driving offenses are the largest category of charges to which our firm is dedicated, forming approximately 80% of our practice at any given time. The reason is our client base - professionals and normally law-abiding persons, and their children. These are the most common charges that our clients face.
Mike Brewer has personally handled thousands of such offenses over the years, as both prosecutor and defense attorney. He is a top-rated lecturer to other criminal defense attorneys in the demonstration of how to conduct DUI trials before a jury. While we don‘t condone the commission of DUI or driving offenses, most offenders are good people, whom we can help deal with their situation and put it behind them.
Driving offenses can range from infractions, such as common traffic violations, all the way up to felonies. Most DUI‘s are criminal misdemeanors, unless it is a fourth or subsequent offense within 10 years, or someone is injured or killed during the offense. Misdemeanors and Felonies are criminal offenses that carry fines, as well as jail or prison time. Infractions are not considered crimes, carrying only fines and no jail time.
These offenses do not require any intent to violate the law, but simply an intent to commit the underlying act, or negligence in some form. People who commit DUI‘s usually do not have an intent to violate the law. They are simply making a bad decision to drive. This decision occurs when the party does not know their blood alcohol level, and is a decision that often occurs during the haze of the alcohol involved, which has slipped up on them.
Vehicular manslaughters can occur even when no alcohol or drugs is involved. They may be based only on an alleged traffic violation that results in someone being killed. The traffic violation may not be egregious, may not have any bad intent involved, and may not even be known to the person charged. There is a theory in many prosecution agencies that, "if somebody dies, somebody has to pay, and there is a crime somewhere."
Driving Without a License and Driving with a Suspended Driving Privilege are also common driving offenses that are often charged as criminal misdemeanors.
DUI‘s and other driving offenses are often treated as serious offenses, carrying incarceration and a loss of driving privileges for long periods. A person charged with any offense beyond a simple traffic violation should always have the representation of an experienced criminal attorney.
Do you need the services of an exceptional criminal defense attorney in Southern California including Los Angeles and Orange County? The California criminal DUI lawyer in our Orange County office has extensive experience in criminal law as both a high profile prosecutor and public defender. Attorney Mike Brewer can help. Contact us for more information.