THE LAW OFFICES OF ARCHER & ASSOCIATES AGRESSIVELY DEFENDS DUI/DWI CHARGES AND HAS OBTAINED MORE THAN 500 SUCESSFUL DISPOSITIONS FOR ITS CLIENTS.

If you or a loved one has been arrested for DUI/DWI you are probably confused and scared by the process. Your arrest will start the criminal process and several time deadlines that you will have to comply with.  From the date of your arrest, you will need to comply with the Department of Motor Vehicles (DMV) and the Criminal Court.  These two institutions are separate and apart from one another. You will receive a citation from the arresting officer which will have your arraignment date and the time you are required to appear.  Should you fail to appear at your arraignment, a bench warrant will be issued for your arrest and bail will be set by the Judge.  

 At THE LAW OFFICES OF ARCHER & ASSOCIATES, we handle hundreds of cases like yours.  At our office, we aggressively represent our clients’ legal interests and we test the States’ evidence against you. Our office will be able to help you navigate your way through the choppy criminal waters and obtain a successful disposition on your behalf.

Remember, just because you have been arrested does not mean you will be found guilty of the crime.  Many times, the officer who has pulled our clients over for DUI did not have the requiste probable cause.  THE LAW OFFICES OF ARCHER & ASSOCIATES has routinely suppressed evidence that was improperly obtained from an illegal stop.  Contact our office immediately to discuss the facts of your case so that we can help you defend you against  a DUI charge and protect your driver’s license.

V C Section 23152 Driving Under Influence of Alcohol or Drugs

Driving Under Influence of Alcohol or Drugs

DUI Charges consist of two separate charges under the vehicle code: V.C. 23152 (a) and 23152 (b).

23152.  (a) 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.

(b) 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.

Fines/Penalties Associated with a DUI Conviction

First California DUI Offense:

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device. Effective July 1, 2010, California will begin testing a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. If the pilot program is successful, the program may be expanded to the rest of the state.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.

Second California DUI Offense Plus:

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 90-120 days mandatory jail time, but no more than 1 year.

California DUI Fines/Costs: $390 to $1,000.

California License Suspension: 1year suspension.

Vehicle Impound: Yes. Multiple offender’s vehicle may be seized and disposed.

California DUI School: 18-30 months at a DUI school, depending on whether it’s a 2nd or 3rd violation. CA Dept. of Alcohol and Drug Programs has a list of approved schools.

California Probation: 3-5 years informal probation (no officer to report to), OR formal probation (if third offense or more).

Community Service: 10 days required as alternative to jail time. 
Other:

Commercial Vehicle: BAC limit for drivers of commercial vehicles is 0.04.

Under Age: 21

California Open Container Laws: Yes. Driver/passenger.

How long does a DUI stay on your record? In California, a DUI remains on your driving record for 10 years. Before January 1, 2007, it only remained on your record for 7 years. Now, even if you were convicted of a DUI before the 2007 legislative change, it will still be reported for 10 years.

HIGH BAC DUI/DWI CASES

High BAC is when your blood alcohol is measured at .15 or approximately double the legal limit.  Additional fees and fines will be added to your original fees and fines should you be convicted for DUI.

Our office is extremely qualified in handling both DUI/DWI Court Hearings and DMV Hearings. Our office charges one flat fee to handle both matters.  If you have been arrested for DUI/DWI, contact THE LAW OFFICES OF ARCHER & ASSOCIATES immediately for a free consultation.

Recent DUI Case Results:

• Third time DUI client with injury accident and no insurance received no jail time and probation.
• Third time DUI client received probation and no jail time.
• Second time DUI client with high BAC received probation and no jail time
• First time DUI with BAC of .11 received wet wreckless instead of DUI
• First time DUI with BAC of .10 dismissed
• Client was charged with DUI and had a BAC of .11 PAS and allegedly failed his FST’s. After attacking the validity of the FST’s and the probable cause for the stop, the final disposition resulted in a plea to a Dry reckless. (Fees are significantly reduced from a DUI, no probation and no alcohol classes and your insurance rates not significantly increased like they are with a DUI)
• Client was arrested for DUI. Prior to attaining Archer & Associates, he failed to appear and a warrant was issued for his arrest. More than one year elapsed before retaining our firm. Client had a .09 BAC, Failure to Appear and a Warrant for his arrest. Archer & Associates was able to vacate the warrant and reach a disposition for a plea to a Dry Reckless.
• Client was charged with 3rd time DUI with high BAC (.15+). He also was charged with a violation of probation and driving on a suspended license and no insurance. Client was offered 1 yr in state prison by handling D.A. After extensive negotiations, the violation of probation was dismissed along with driving on a suspended license and driving without insurance. Client received a term of probation of 180 days and was able to serve his sentence by electronic monitoring/home arrest. Client was able to go to work and live a normal life while serving his sentence.
• Client was arrested for DUI. Client allegedly failed FST’s and had a PAS BAC of .10. Probable cause for the stop was good and client’s admission as to having a couple of drinks was made to the officer. Archer& Associates was able to obtain a wet reckless for its client.
• While client was represented by Archer & Associates for a 2nd DUI, client received a 3rd DUI. Not good! Client was driving on a suspended license when the 3rd DUI occurred. Client had to post a $5,000.00 bail. Client was facing a state prison term. Archer & Associates received a combined disposition in this matter and its client received a term of probation not a prison term. Actual term served was 90 days instead of a 1 yr prison term.