Recent Case Result: Client charged with Driving Under the Influence of alcohol. After a hearing on a motion to suppress evidence the Superior Court Judge determined police officers from the California Highway Patrol violated the defendant's rights and stopped him without legal cause! CASE DISMISSED!

Recent Case Result: Client charged with Driving Under the Influence of alcohol. Attorney Evan E. Zelig was able to have the charged reduced to a "Wet Reckless," with minimal probation, reduced fines and no jail time!

Recent Case Result: Client charged with Driving Under the Influence of alcohol and was involved in a 3 car traffic collision. Attorney Evan E. Zelig obtained a disposition for the client involving a reduced fine and no jail time or work release.

Driving Under the Influence (DUI) Cases:

Driving Under the Influence (DUI) is the criminal offense of operating a motor vehicle while impaired by drugs or alcohol; or operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. More than 1.4 million people in the United States are arrested for driving under the influence cases every single year! Local police and law enforcement, as well as the Californai Highway Patrol, are making DUI arrests with increasing frequency and the District Attorney's office is aggressively prosecuting all DUI-related offenses!

Driving Under the Influence charges are often brought against people with no prior criminal history. Because of this fact many people charged with Driving Under the Influence offenses have a difficult time understanding the court process and dealing with the criminal justice system. It is important to hire a skilled attorney as soon as possible to advise you of your rights and options!

With a DUI case in California, you actually wind up fighting two cases. One is an administrative case with the Department of Motor Vehicles and the other is a criminal case where you are charged with a crime in court:

DMV Administrative Hearing:

You only have ten days from the date of your arrest to contact the DMV to request a hearing! While you may not start fighting your DUI in court until approximately one month after your arrest, the DMV takes action against your driver's license much sooner. If you do not request a hearing within 10 days of your arrest your license will be suspended or revoked automatically 30 days after your arrest! Call the Law Office of Evan E. Zelig today so an attorney can do everything possible to save your driver's license and avoid a license suspension!

The DMV hearing is very different from the criminal courtroom proceeding. These hearings are much more informal, and are presided over by a Driver Safety Office (DSO) Hearing Officer. The Hearing Officer is an employee of the Department of Motor Vehicles who acts as both the prosecutor and judge during the hearing. The standard of proof in DMV hearings is a much lower standard than what is used in criminal court making it possible for the DMV to suspend or revoke your license with much less evidence than offered in criminal court. DMV hearings are very technical and the chances of a person winning without legal help are very low.

During the DMV hearing the Hearing Officer is concerned with three issues: (1) Did the police officer have reasonable cause to believe the person was driving under the influence; (2) Whether the arrest of the subject was lawful; and (3) Was there a chemical test result showing blood alcohol content (BAC) levels above the 0.08% legal limit. A fourth issue also arises if there was a refusal to provide a chemical test by the driver. If that is the case it must then be determined whether the driver, after being warned of the consequences of a refusal, refused the chemical tests.

Because of the many legal issues that arise during a DMV administrative hearing it is very important to hire a skilled attorney to fight for you! Evan E. Zelig has handled hundreds of DMV administrative hearings and has been successful in preventing the DMV from suspending many of his clients driver's licenses - often times when other attorneys told them they didn't have a chance!

DUI Criminal Case:

It is also extremely important to have an attorney on your side fighting for you in court in your criminal case. Being convicted of a DUI offense - even a first time offense - can result in jail time, a lengthy probation, expensive fines and fees, alcohol education and treatment classes, community service, losing your vehicle, installing an ignition interlock device, or a combination of all of these terms.

DUI laws and penalties in California are set forth in the California Vehicle Code and can be very complicated to understand. While the basic codes have a range of penalties for DUI sentences depending on the type of driving under the influence carge, there may also be enhancements and modifications to the penalties a person may face if the defendant has a prior conviction within the last ten (10) years; if the driver had a high blood alcohol content over 0.15%; if a child under 14 years old was present in the vehicle; or if the person was speeding more than 20 miles per hour over the speed limit when the were stopped for driving under the influence.

Obviously the results of any chemical test for the presence of drugs and alcohol will be a large factor in determining the charges that will be brought against you by the District Attorney's Office and the possible consequences you might face. But remember - the laws against driving under the influence related to the blood alcohol content at the time of driving and not at the time the test was taken. This important factor may be used in your favor to fight your DUI charge! Attorney Evan Zelig has handled many DUI matters and knows how to evaluate the results of the chemical tests in your case to determine whether the results may be inaccurate and thrown out of court!

Driving Under the Influence of Drugs:

Remember, it is not only illegal to drive with a blood alcohol content above 0.08%, but also against the law to operate a motor vehicle while under the influence and impaired by drugs - including prescription medications! The number of people being arrested and charged with driving under the influence of drus and prescription medications are on the rise. It is important to hire an attorney who has handled these types of DUI cases to address to various technical and legal issues tht may arise. Call the Law Office of Evan E. Zelig today.

The Law Office of Evan E. Zelig is located in downtown Santa Rosa, California, just minutes from the Sonoma County Courthouse and Jail facilities. We are also accessible 24 hours a day, 7 days a week! If you have been arrested for driving under the influence (DUI) or any DUI-related crime call the Law Office of Evan E. Zelig at (707) 636-3204 or Toll Free at (888) ZELIGLAW.

Contact the Law Office of Evan E. Zelig today!