The dangers of drinking and driving

Why Choose The Law Firm of Gomez, Radford, & Rome for your DUI Defense?Don’t let one charge ruin your life.

Are you on the wrong end of a DUI charge? If you’re facing the chance of jail, losing your license, and getting saddled with a criminal record, the Law Firm of Gomez, Radford, & Rome is here to help you protect yourself and make the right decision for your future. Driving Under the Influence charges are very serious and require immediate attention. It’s critical that you don’t wait- Immediately call an expert to answer any and all questions you may have. 

Not all of Los Angeles DUI law firms provide the same level of experience or service. Some just don’t measure up when it comes to getting results for their clients. You deserve the best. As former prosecutors, our attorneys handled countless DUIs and know how prosecutors win (and lose) cases. Hiring the Law Firm of Gomez, Radford and Rome might mean getting your charges knocked down to something a lot less serious. It might mean saving you thousands of dollars in fines, or getting an alternative to a jail sentence so you don’t lose your job. In some cases, it can even mean having the charges dropped completely with no jail time at all. No matter what the particulars of your case, we have the experience to get you the best results for your case.*

What type of DUI am I being charged with in California?

There are a number of different DUI violations you can be charged with in California. For example:

– Vehicle Code Section 23103.5(a) – Wet Reckless Driving
– Vehicle Code Section 23152(a) – California DUI
– Vehicle Code Section 23152(b) – DUI (.08% or higher BAC)
– Vehicle Code Section 23152(f) – DUI (Drugs)
– Vehicle Code Section 23153(a) – DUI (w/ Injury)
– Vehicle Code Section 23153(b) – DUI (Injury & .08%+ BAC)

What can I do if I’m charged with a DUI in California? 

If you’re charged with violation of California Vehicle Code sections 23152(a) and/or Vehicle Code section 23152(b), there are a number of strategies you can use to fight back. Every case comes with its own unique set of facts, so every case requires a unique defense and having an experienced attorney who knows all the different tricks of the trade is crucial to mounting an effective defense to DUI charges in California.

At the law firm of Gomez, Radford and Rome, all of our attorneys are former District Attorneys who are skilled at defending DUI cases. Our hard work can result in your charges being reduced or dismissed and we will never make you feel like just another number in a DUI-case-mill.

What happens when I’m arrested for a DUI?

First, the arrest: If the officer that stopped you had legitimate probable cause to believe that you were driving under the influence (of alcohol or drugs), you will be arrested. At the time of your arrest, you will be given the option of taking either a chemical breath or blood test. This is not to be confused with the “PAS” or Preliminary Alcohol Screening test which you’d blow into on-scene along with potentially performing “FSTs,” or Field Sobriety Tests. The FSTs and PAS are not mandatory, and only help officers gather evidence against you. After you’re arrested, some form of blood or breath chemical testing is required and takes place at the hospital or at the police station if you opt for a breath test.

Refusing a Chemical Test in California:

If you refuse to take any kind of chemical testing, be it breath or blood testing, you will face a year long suspension of your driver’s license. That’s non-negotiable and you won’t be eligible for a restricted license. Defendants who refuse testing can still be charged with a DUI for driving under the influence according to CA Vehicle Code section 23152(a) or Vehicle Code Section 23152(b), however it is much harder to prove you’re driving with a .08% blood alcohol level without any testing evidence. Furthermore, a prosecutor can also charge you with a refusal allegation which is a sentencing enhancement that will add mandatory jail time to the defendant’s sentence and a mandatory license suspension with the DMV.

Filing of Charges:

The arresting agency, whether it’s the California Highway Patrol (CHP), the county Sherriff’s department, or local police department, will file their police report and request charges with the city or county prosecutor’s office. The prosecutors then determine whether to file charges and what charges, if any, to file. Having a good DUI lawyer at this stage is so important because it’s sometimes possible to intervene even before charges are filed at all. Additional evidence that helps your case can be presented that results in charges being dropped or changed. If charges are filed, the case will go to court for a defendant’s arraignment. Often, people arrested for DUI are given a citation with a court date when they’re initially released.

A DMV administrative hearing:

In almost all DUI cases involving alcohol, the California DMV will hold a hearing called an “APS hearing,” otherwise known as an administrative per se hearing. A DUI attorney can appear for you at these hearings, and you may be involved and testify as well. In addition to criminal penalties that can apply after an arrest, the DMV administrative issues that pop up are significant and require serious attention. The DMV may require an ignition interlock device or “IID” before allowing you to drive. You may be able to get a restricted license which could allow you to drive to work or perform other necessary tasks, but not everyone is eligible for this. Click here to learn more about DUI License Suspension.

A DUI Court Case:

In most cases, a defendant will be charged under California Vehicle Code Sections 23152(a) and 23152(b) respectively. If there are special circumstances such as a particularly high B.A.C., injury, hit and run, or other factors at play, the charges may vary and the defense could be significantly more complex. That’s another reason you need to have an experienced DUI attorney who is familiar with the courts and players to help you present the best defense. People who are convicted of a DUI can face jail time, significant fines and fees, and lose their license for a year on a first time offense. Suspensions can be even longer for subsequent convictions. The post-conviction license suspension is totally separate from the DMV administrative suspension that’s triggered when you’re arrested for DUI. Probation on a misdemeanor DUI conviction is also much longer than a standard misdemeanor, and only after a minimum of three years will you be able to apply to expunge your criminal conviction!

Because DUIs are so commonly charged in California, some law firms will take on a high volume of cases for a lower fee. These attorneys cannot possibly put in the amount of time or effort it requires to truly fight a DUI charge at the highest level because they simply do not have the time to give each case individualized attention. The Law Firm of Gomez, Radford, & Rome, LLP will leave no stone unturned and pull no punches when it comes to fighting for you. As former prosecutors, we know what makes a good defense attorney, so we decided to become that when we left public service. If you give us the opportunity to represent you, we will be a thorn in the prosecution’s side until you get the absolute best resolution possible.

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Disclaimer: The information contained in our articles is provided for informational purposes only and should not be construed as legal advice. The situations discussed are purely hypothetical and may not be applicable to your individual case. Nothing in these articles should be construed as forming a lawyer-client relationship or as a guarantee of a particular outcome. If you have specific legal questions or are facing criminal charges, please contact the law firm of Gomez, Radford, & Rome to discuss your case. Only a qualified attorney can provide you with legal advice based on the specific facts of your case.