Category: Criminal Defense

DUI - Drinking and driving

What to do After a DUI Arrest

Posted by admin on with 0 Comment

Over the years I have had many people come to my office and ask “how serious is a DUI”? My answer is always the same. Being charged with a DUI means you are being accused of committing a crime, and any crime, whether a misdemeanor or felony, is serious. In layman’s terms, a misdemeanor is a lesser offense with a lesser punishment and a felony is a greater offense with a harsher punishment. Whether your case is filed as a misdemeanor or a felony depends on factors such as blood alcohol level and any injuries that may have been caused by the incident. Either way, it is serious and can affect multiple avenues of your life, including employment, parental rights, immigration status, and housing opportunities.

Driving while impaired is a risk to yourself and those around you. If you struggle with alcoholism, then operating a motor vehicle probably isn’t the best idea; however, if you are accused of a DUI, whether guilty or not, MBM & ASSOCIATES can help to ease the burden and make sure you case is resolved fairly. Having represented hundreds of Defendants in similar situations, MBM has the experience and “know-how” to take care of you.

 

WHAT IS A ‘DUI’?

DUI - Broken glass - alcohol - car keys

DUI means operating a vehicle while impaired by drugs or alcohol. This even includes prescription drugs that may impair your abilities. When in control of a vehicle, it is highly advised you avoid drinking alcohol or using any impairing substance. The name, driving under the influence, may vary depending on what state you are in. In some jurisdictions, a DUI is charged as an OUI (operating under the influence) or DWI (driving while intoxicated). All three have the same meaning.

The most common DUI offense is that of a person driving a car on the street; however, It is important to note that DUI offense DO NOT only apply to driving car. In fact, a DUI applies to persons operating the following modes of transport:

  • Motorized watercraft
  • Mopeds
  • Lawnmowers
  • Non-motorized bicycles

That’s right; you can get a DUI simply for riding your bicycle after a few beers.

 

WHAT HAPPENS IF YOU ARE CAUGHT?

Girl with whine bottle at a car

If a police officer believes you are driving under the influence of alcohol or drugs, in most jurisdictions you will be arrested and taken to the local jail for processing. Depending on the severity of the incident, you may be released without having to post a bail bond (on your own recognizance) or if there are serious injuries involved, you may be required to post a bail bond sufficient to ensure you are not a flight risk or danger to society.

It is important to remember you are presumed innocent until proven guilty. If proven guilty, your sentence will depend in part on the aggravating circumstances applied to the state’s law. Consequences of a DUI guilty plea may include:

  1. Jail Time

    This solemnly depends on your state. If this is your first offense and there are no aggravating circumstances, it will likely be considered a misdemeanor and is punishable by up to six months in county jail. If it is a repeat offense or if there are aggravating circumstances (i.e. felony and blood alcohol concentration), then your jail time may increase.

  2. Fines

    A DUI guilty plea carries with it court fines and fees. The amount will vary depending on your state and jail time. If your jail time is greater, then the fines and fees are typically greater as well.

  3. Problems with driver’s License

    The court system and DMV do not work together and have their own separate set of rules; however, in most states, being arrested for a DUI will result in your driver’s license being suspended even without having yet been convicted. If you are later found innocent, your license will be automatically reinstated.

In most cases, a license suspension is for a specific period of time and is normally linked to the number of times the driver has been convicted of the same offence. It can amount to six months for a first offence, two years for a second DUI conviction and the third, not less than three years depending on the jurisdiction.

If you are found guilty of a DUI, it is important that you work with the Court and DMV to ensure you are issued a provisional license after your conviction. Can you imagine getting pulled over and then having to defend another criminal case for driving on a suspended license?

 

WHAT TO DO AFTER A DUI ARREST?

As mentioned earlier, a DUI is a serious offense; however, you may be able to help yourself though the process by taking the follow steps from the very beginning:

  1. Contact a DUI attorney
  2. Locate a bail bondsman
  3. Request a DMV hearing
  4. Prepare for your arraignment

 

These steps are crucial, but above all it is important to contact an attorney to help you manage and defend your case. In choosing an attorney, you should look to those who have substantial experience in criminal law to avoid spending time behind bars. Our attorneys at MBM & ASSOCIATES have helped hundreds of people just like you. We have the experience, reputation, and know-how to make sure your rights are protected. If you are looking for advice, contact our offices today to schedule a free consultation.

Cleaning Your Criminal Record. What You Must Know!

Posted by admin on with 0 Comment

PETITIONS FOR DISMISSAL UNDER PC § 1203.4 – THEY AREN’T FOR EVERYBODY

One of the most common questions we hear in our office is “when can I erase, expunge, or vacate a conviction from my record”? Unfortunately, the real question is not about WHEN can I erase this conviction, but CAN I erase the conviction at all.

One way to clean up a prior criminal conviction is to petition the court for dismissal under PC § 1203.3 or 1203.4, et al. The code in its most basic description provides that if you have been convicted of certain felony or misdemeanor offenses, you can ask the court to change your plea of guilty to not guilty. If the motion is granted, the court has the ability to erase the conviction and dismiss the case in its entirety, almost as if it never happened.

Sounds simple, right? Not quite. What many people fail to realize is that not every conviction can be erased by a Petition for Dismissal. The question then becomes “who is eligible”? As the list for eligibility is rather lengthy, a more efficient way to analyze this question is by determining who is not eligible for this type of relief.

  • First, you are not eligible if you were convicted of a felony or misdemeanor and were sentenced to state prison. This is a statutory bar without exception, so if you went to state prison, this is not relief you should seek as it will be denied.
  • Second, you are not eligible if you did not complete the terms of your probation (including payment of court fines and fees). For example, if you pick up a new case or your probation was revoked and not reinstated (meaning you served some time behind bars instead of completing probation), then your petition will not be granted.
  • Third, you are not eligible if you are serving a sentence for any offense, are still on formal probation or informal probation for any offense, or a charged with the commission of any new offense. It must all be water under the bridge with a crime free lifestyle.
  • Fourth, if you were convicted of a crime within one year of the pronouncement of judgment, you likely will not be eligible. In this circumstance is would be best to argue a dismissal is in the interests of justice. This issue will be discussed in further detail at a later date.
  • Finally, certain convictions are simply not eligible for dismissal at all. These typically include violations of Vehicle Codes on reckless driving to avoid a peace officer, and crimes of sexual assault and public indecency.

At the end of the day, what all this means is a Petition for Dismiss.

al is not for everybody. If you are considering cleaning up your criminal record, it is imperative to reach out to an experienced criminal law attorney who will be able to guide you down the appropriate path.

 

The information provided above is not to be taken as a guarantee. It is important to remember that no two cases are alike, and your chances of relief will vary depending on a combination of factors. If you have particular questions, contact our office, or comment below.