Litigation Specialists

Handling Civil and Criminal Trials

DUI Attorneys in Monterey County

Aggressive Representation to Protect Your Future

Driving under the influence cases flood our local courts and therefore there are three departments of the Monterey County District Attorney’s Office almost solely dedicated to them staffed by a whole host of prosecutors. A driving under the influence arrest can happen to anyone at any time and any place.

Over the years, our Monterey County DUI attorneys have represented hundreds of local residents, as well as many visitors to the Monterey Peninsula who have had their vacations or business trips rudely interrupted by a driving under the influence arrest.

Ferociously Defending Your Rights

We have a great deal of experience in dealing with such cases, including high blood alcohol readings (we always have them retested by an independent laboratory), purported “refusals,” hit-and-run allegations and the associated Department of Motor Vehicles proceedings which accompany such arrests.

When representing out of state residents, we are careful to contact counsel in their home states so that we can coordinate our services in the counties we serve with their home state and thereby reduce any problems they might have with their license when they return home.

DUI arrests can result in driver’s license suspension as well as fines and jail-time. A good lawyer can help you take action to protect your rights and future interests. Our attorneys are skilled trial lawyers who look out for your best interests.

Your Rights, During & After Being Pulled Over for DUI

After being arrested for a driving under the influence offense, criminal charges will be filed against you, and you will have to enter a plea in court.

If you have been arrested for DUI in California, these are your legal rights:

  • The police must have probable cause to pull you over or arrest you
  • At the point of arrest, you must be administered field sobriety testing and portable field-testing. If you refuse field-testing, the police will escort you to jail, where you must submit to a breath or blood test upon request
  • You must be given the Miranda warning if you make statements to the police after you are arrested and placed in custody
  • You must be given a choice of breath or blood testing
  • You must be informed of the legal consequences if you refuse alcohol testing, you are violating California implied consent laws
  • Since the breath test is administered at a police station is disposed of after the testing, you must be given the opportunity to obtain a blood sample for later testing

Once you are arrested, the California Department of Motor Vehicles (DMV) gives you 10 days from the date of your arrest to request a hearing, or else your driver’s license will automatically be suspended in California 30 days from your arrest. It is vitally important that you contact an attorney within that 10 day period as the suspension can be stayed and a hearing before the DMV can be scheduled to contest whether or not your driver’s license should, in fact, be suspended.

Your sentence may be enhanced if you:

  • Had a prior conviction within the last 10 years
  • Were caught speeding 20 mph over the speed limit
  • Had a child younger than 14 in the car
  • Refused to submit to alcohol testing
  • Had a reading over .15%

Speak to our Monterey County DUI lawyers at (831) 373-3700 for assistance with your case. We can advise you of your legal options, and if necessary, help you seek an occupational license to drive to work.

Case Study: DUI Defense

In May 2016, our client attended an evening business meeting at a restaurant in Monterey. At the time, he was a local resident with no criminal record, and took great care to monitor his alcohol intake that night such that he would not be inebriated when driving home. At approximately 9 p.m., he left the meeting and began driving home. As he entered the highway, he went to press the Bluetooth button on his cell phone. This momentary distraction caused his car to drift a foot to the right over the lane divider. Having seen this, a California Highway Patrol vehicle quickly came up behind him and initiated a traffic stop. The CHP officers conducted several standard field sobriety tests. Our client generally did very well on his field sobriety tests. For example, on the Romberg balance test, he estimated 30 seconds, while 31 seconds had elapsed. He successfully completed the finger count test. The CHP also gave our client two blood alcohol tests at the scene. Both tests results showed that our client’s blood alcohol content was under the legal limit with a 0.07% blood alcohol content. Despite these tests results and our client’s clear alertness, the CHP officers still decided to arrest him for driving under the influence. He was taken to the local police department, and later charged with charged in a criminal complaint by the Monterey County District Attorney’s Office with driving under the influence. From the offset, our attorneys felt law enforcement had improperly arrested our client and that the Monterey County District Attorney’s Office was wrong in filing the criminal complaint against him. We urged to the District Attorney to dismiss the case because our client: • Had a blood alcohol level that was under .08% • Was driving safely with only one minor, explainable exception • Performed well on the field sobriety tests • Had no criminal history and a clean driving record The District Attorney made several offers which we considered unreasonable and not compatible with the facts of the case. Our efforts ultimately paid off, as the District Attorney’s Office agreed to offer our client an infraction (basically a traffic ticket) for his momentary, unlawful swerve.

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