Santa Cruz and Monterey Criminal Defense Lawyer

ARRESTED FOR DUI
in Monterey, Santa Cruz, Santa Clara, or San Benito Counties?
Call Now (831) 373-3151 (Monterey) or
(831) 475-3151 (Santa Cruz)
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THE DUI / DRUNK DRIVING SPECIAL REPORT*
7 SECRETS THAT THE DMV AND D.A. HOPE YOU NEVER FIND OUT

THE MONTEREY BAY EDITION

At the law office of John R. Coniglio, Attorney at Law, in Monterey, California, I defend clients charged with DUI / DWI / Drunk Driving. I defend clients throughout the counties of Monterey, Santa Clara, Santa Cruz, and San Benito, which include the communities of Monterey, Carmel, Pacific Grove, Pebble Beach, Seaside, Salinas, King City, Watsonville, Santa Clara, Santa Cruz, and Hollister. Contact my office today to arrange for your free case evaluation concerning the drunk driving charges you are facing.

1. YOU ARE BEING PROSECUTED TWICE
-The district attorney's office is attempting to convict you of a crime and the Department of Motor Vehicles (DMV) will suspend your driver’s license unless you take action . The DMV’s prosecution against you started when you were arrested. The police officer probably took your actual license and gave you a pink Notice of Suspension and Temporary Driver’s License (Form DS-367). The DMV wants to suspend your license from anywhere from four (4) months (first offense with blood alcohol level of .08%) to three (3) years (third or more offense with chemical test refusal) as a result of your DUI arrest. The action by the DMV is entirely separate from the criminal case against you. Although the DMV will review your case prior to suspending your license, do not count on them not suspending your driver’s license. Even if the criminal charges are dismissed you may still have your license suspended by the DMV!

2. WARNING!: YOU MUST REQUEST A HEARING WITHIN 10 DAYS OF YOUR ARREST
-The DMV Form that the police officer handed to you states in bold that you have 10 days to request a hearing. If you do not request a hearing within 10 days of your arrest, your chance to save your license will be gone and you may never have a real chance to fight it. In order to prevent the DMV from suspending your license until after the hearing , you must request a hearing within 10 days of your arrest . This will stay the suspension until the hearing is held and a decision made. This is probably the most important step you can take to protect your license. You should have an experienced attorney handle this for you (attorneys have a direct line to the DMV and can do this for you quickly!) I have even heard of DMV employees telling people not to request a hearing. Since this is so important, if you contact my office we will do it for you for free.

3. YOU CAN WIN YOUR DMV HEARING: IT’S WORTH FIGHTING THE DMV!
-Contrary to what it reads on the DMV Form, you do not have to show that the suspension is not justified. The burden is on the DMV to show that the suspension is justified. This statement is misleading and an inaccurate statement of the law. It is intended to dissuade you from requesting a hearing. In fact, according to the DMV’s own statistics for a recent year, 34% of all persons whose license was suspended for DUI at the time of their arrest kept their driver’s license by requesting a hearing to fight the suspension. If you hire an experienced and knowledgeable attorney the odds of winning the hearing increase to between 40% and 70%, depending upon the skills of the lawyer, hearing location and the particular hearing officer.

4. DON’T PLEAD GUILTY AT YOUR FIRST COURT APPEARANCE!
-The second case you will have to defend against is the criminal case. The prosecutors and judges handle a lot of DUI cases. This is done in an assembly line type manner.
-The Procedure: -Your first court appearance is typically scheduled within a week to about one (1) month after you were arrested. This first appearance is for the arraignment. You can either enter a plea of guilty or not guilty. There will be a lot of pressure put on you by the judge and the district attorney’s office for you to enter a guilty plea right then and there. Don’t do it. You can request a continuance to find a lawyer and the hearing will be rescheduled, usually in a week or so. You should not enter a plea until you have at least had a qualified attorney review your case with your interests in mind. In fact, if you had a blood test, the District Attorney’s Office will probably not even have the test results at the arraignment.

After the arraignment, the next step is usually a pretrial conference, where motions and a trial date may be set. Don’t worry. Most cases don’t go to trial, but setting a trial date will let the prosecutor know that you are serious about fighting the charges. The more court appearances there are, the more opportunities there are to plea bargain. However, sometimes if the prosecutor is not willing to deal fairly with you, a trial may be necessary.

5. WHAT IF I AM CONVICTED OR JUST WANT TO PLEAD GUILTY?- If you are convicted for a first offense within ten (10) years and are granted probation from three (3) to five (5) years, you will have to attend an alcohol program, pay a fine from $390 to $1,000,with penalties and assessments, which actually add up to just under $2,000, up to six (6) months in jail, and a 90 day license restriction allowing driving for work and the alcohol program only.

-If you are convicted for a first offense within ten (10) years and are not granted probation you will spend 96 hours to six (6) months in jail, pay a fine from $390 to $1,000, and a six (6) month license suspension.

-The punishment for a second DUI is far more severe than for a fist DUI. In addition to increased jail time and increased fines of up to $3,500, you will have to attend a multiple offender program for 18 months, probably install an ignition interlock device and you stand a real chance of losing your license for a year.

Jail time varies from county to county and from judge to judge. Please contact me regarding the specifics of your case if you are concerned about jail time.

What if I did not have any alcohol or very little alcohol in my system?
In California it is illegal to drive a motor vehicle while under the influence of alcohol and or drugs. There is no magic number. The prosecutor will argue that even persons below a .08% blood alcohol content (bac) are “impaired.” It is a separate crime to drive with .08% bac or higher. Additionally, if you consumed any psychoactive drug within 30 days of your arrest and a blood or urine test was taken, this alone could subject you to prosecution for driving under the influence of drugs. If this has happened in your case, you should consult with a lawyer who handles these types of DRUG/ DUI cases regularly.

-What if my blood alcohol level was .15% or higher?
-If your bac (blood alcohol content) was .15% or higher this can be considered an aggravating factor and will probably increase your jail time, increase the length of the alcohol classes up to 6 months and the judge will most likely require that you install an ignition interlock device on any car that you own, operate or have access to for up to two (2) years. If your bac is high you will need a good attorney to make sure that you are not punished too harshly.

-What if Police say I refused the test?
-A lot of people accused of DUI get confused. The police often misinform people about their rights. A refusal enhancement increases the penalties in the criminal case and can mean the loss of your driver’s license for a year. If this happened to you, you will need a good lawyer to go to bat for you.

-What if I am under 21 years old?
-If you are under 21 years old, you are not allowed to have any measurable amount of alcohol in your system. This is referred to as the zero tolerance law. If you had .01% alcohol in your system, you could loose your license for a year.

-What if someone was injured in an accident?
-If you have injured someone other than yourself in an automobile accident involving alcohol, then you are in serious trouble . An injury accident can result in a felony charge under Vehicle Code section 23153; however, Vehicle Code section 23153 can also be charged as a misdemeanor. If convicted of a DUI with injury charge, you can be faced with the possibility of jail or prison time, loss of your driver’s license for at least a year, fines and alcohol classes, not to mention the possibility of a civil lawsuit.

-What about my insurance?
-You can expect to pay between $1,500 to $2,200, per year for three (3) years, over what you are now paying for automobile insurance as the result of a DUI conviction.

-What if I am an alien?
-A first offense DUI can have serious consequences for an alien; but deportation is not one of them; however, any drunk driving conviction which results in a sentence of one year or more in custody qualifies you for automatic deportation. If you are concerned contact an immigration attorney before you do anything.

-Will a DUI conviction / suspension effect my job?
-Some professions may have reporting requirements. It is always best to consult a lawyer if you are concerned that a DUI conviction and or suspension may impact your employment.

6. IS IT REALLY WORTH FIGHTING?
-Depending upon the facts of your case, you may have a better chance of not being convicted of a DUI that you initially thought. If your blood alcohol content was relatively low, you stand a good chance of not being convicted of a DUI. If your blood alcohol level is a lot higher that .08% you will need a good lawyer to go to bat for you.

-What is a “wet/reckless”?
-Dismissal of all DUI charges is routine when you plea bargain to a lesser charge, such as alcohol related reckless driving, also known as a “wet reckless.” A “wet reckless” conviction may be as bad as a DUI conviction, since it counts as a prior conviction if you are arrested again later. However, it could be a good deal for you depending upon the facts of the case.

7. DO I REALLY NEED A LAWYER?
-Hiring a good lawyer is always to your advantage. Remember the district attorney is a lawyer. Having a lawyer on your side, who is looking out for you, is the safest way to make sure that you are treated fairly in this whole process that you are in the middle of. Be careful. There are a lot of slick sales people out there, who will take your hard earned money and then immediately plead you guilty to the DUI charge. You need a lawyer who is experienced and who will actually fight for you.

-If you have been charged with a misdemeanor DUI, a lawyer can take care of all of the court appearances without you being there! -You never have to go to court if you do not want to!

Will the lawyer personally handle your case?
-You will also need a lawyer who will personally work on your case. There a lot of big city lawyers who advertise that they can represent you. Most of these lawyers refer the case out to another lawyer who goes to court and you will never really know who is handling your case. Again, make sure that the lawyer you hire will personally handle every aspect of your case. You and your case deserve a lawyer who will provide the highest level of professional service.
-You need a lawyer who is known by the prosecutors, the judges and the court clerks. A good local lawyer will make sure that your case does not get assigned to a particular judge that punishes DUI offenders more severely than other judges. An out of town lawyer will not know which judges to avoid.

-Does the lawyer understand the science behind DUI prosecutions?
-When you are interviewing a lawyer to represent you, ask them to explain the difference between infrared technology and fuel cell technology. Ask them to explain which devices the local law enforcement are using to test a person’s breath. Very recently law enforcement has switched breath testing machines. Ask the lawyer if he or she has the manual for the new machine. If he or she does not have a manual, find another lawyer FAST. This is someone who does not keep up with DUI science.

-Does the Attorney understand Field Sobriety Testing?
Clients often tell me, “But, I passed all of my field sobriety tests.” This may very well be true. When you are interviewing an attorney, you should ask the lawyer if he or she can explain the difference between standardized field sobriety testing and non standardized field sobriety testing. If he or she cannot explain the difference and what each field sobriety test is supposed to detect, again find another lawyer FAST. There are only 3 standardized field sobriety tests which have been scientifically validated: the Horizontal Gaze Nystagmus Test, the One Leg Raise and the Walk and Turn. Chances are you were probably only given one or two of these tests with some other non standardized tests i.e., alphabet, counting numbers, finger to nose, etc. True field sobriety testing requires that the officer score or grade certain clues or ques. The CHP DUI Enforcement Manual requires that the arresting officer fill out a score card. Chances are this did not happen in your case and you will need an experienced lawyer to review the reports in order to determine if your performance on the field sobriety tests was consistent or not with impairment.

-Does the lawyer have access to experts?
-Lawyers do not know it all. They must rely on experts. DUI prosecutions are almost entirely scientific. For example, the amount of alcohol in your blood was determined with a scientific test. Sometimes these tests are not performed accurately. A good lawyer will have access to experts who can analyze the records of the breath machine, retest and type your blood. Before you hire a lawyer, you should ask him or her if they routinely use experts and if they have their client’s blood retested and typed by an independent laboratory.

-The collection and testing to determine the amount of alcohol in your blood is strictly regulated by law. More often than not, the strict procedures outlined in California Code of Regulations, Title 17, are not followed. A fair amount of the time, there has been an error by either the police officer, the lab where your blood was sent, or in the calibration of the breath machine. Only a trained expert or experienced attorney can tell if this has occurred in your case. This could be the key to your whole case.

-Will the lawyer keep out illegally seized evidence?
-You have Constitutional rights. If you have been arrested and the evidence has been seized in violation of your Constitutional rights, your attorney can ask the court to exclude this evidence. It is important to ask the attorney if he or she routinely makes these motions pursuant to California Penal Code section 1538.5. You and your case deserve an attorney, who actually understands the law in this area. A good way to find out is to ask the attorney if he or she has ever done appellate work with regard to search and seizure law.

-Has the lawyer ever handled a serious felony DUI case?
-Before you hire a lawyer to represent you, you should ask him or her, if they have ever handled a serious felony DUI case. If they have, they probably understand the issues in DUI cases.

-Will the lawyer represent me for the entire case?
-Most lawyers only represent their clients through the conclusion of the criminal and DMV proceedings. After conviction, a DUI case can have many confusing and time consuming aspects, ranging from enrolling in an alcohol program, enrolling in a work alternative program, home confinement, ignition interlock, as well as driver’s license and insurance issues. You should hire a lawyer who will handle the entire case. You and your case deserve a lawyer who will help you through the entire process from beginning until the end, including coordination of enrollment and completion of the DUI classes, work alternative program, home confinement program, ignition interlock and most importantly advise and counsel you with regard to the DMV. You deserve a lawyer who is an expert on the DMV in order to make sure that your driver’s license is returned to you, if even on a restricted basis, in the shortest time possible.

-Will the lawyer sue the DMV if necessary to save your Driver’s License? -Be sure to find out of the lawyer you are consulting with regularly files civil suits against the DMV on behalf of his or her clients. If the lawyer does not seek judicial review referred to as mandamus regularly, then the lawyer probably does not how to make a good record and may not keep up with the latest developments in the law. You and your case deserve a lawyer who will take every step necessary to save your driver’s license.

-Does the lawyer belong to any organizations or subscribe to publications regarding DUI defense?
-A good lawyer is always educating himself or herself on the latest developments in the law. Make sure that your lawyer subscribes to publications that deal with DUI law. It is always a good idea to hire an attorney, who is a member of an organization like California DUI Lawyers Association, which is committed to seeking justice for persons accused of DUI violations.

-Will the lawyer evaluate my case for free and tell me truth about my case?
-It is unethical for a lawyer to guarantee the outcome of a case. If your lawyer promises you a specific result, then he or she is behaving unethically and you should find another lawyer to represent you. If the lawyer states or advertises that they “specialize” in DUI defense, you should be very concerned because the State Bar of California does not have a DUI “specialization.” Most attorneys will offer you a free consultation or evaluation of your case. You should take them up on it. Do not feel pressured to hire them if you do not want to. Bottom line: You should at least consult with an attorney before your first court appearance regarding the manner of payment.

-Will the lawyer take payments or credit cards?
-In today’s society, even lawyers take payment plans and credit cards. Ask the lawyer if he or she takes payments or credit cards. Lawyers are expensive. You should find a lawyer who will work with you regarding the manner of payment. Remember you also get what you pay for. If you are serious about saving your license and/or fighting the charges, you should be prepared to pay your lawyer a fair price for his/ her services.

A NOTE FROM THE AUTHOR
I hope that this Special Report has helped answer some of the questions that you may have had regarding your DUI case. Of course, all of the answers cannot be contained in this Report. If you have any questions about your case and would like for me to give you a free and honest evaluation of your case, you must contact me within 10 days of your arrest or I may not be able to help you as much as you deserve.

Call now to schedule your free evaluation before it is too late!
(831) 373-3151

The facts of your case may be different that those listed below. As such you should not take actionbased upon the examples listed below. However, the results listed below are from actual clients’ cases litigated by me in Monterey, Santa Cruz and San Benito Counties. This list simply demonstrates that there is hope in every DUI case.

Recent Results:

* EMP = Electronic Monitoring/ Home Confinement in lieu of Jail
** C/S = Community Service in lieu of Jail

You must call within 10 days of your arrest! For your convenience, I will schedule after hours and Saturday appointments. You can email me 24 hours a day 7 days a week. We offer competitive rates and payment plans in some cases. My staff and I are here to help you.

Representing clients in Monterey, Santa Clara, Santa Cruz, and San Benito County, including the communities of Monterey, Carmel, Pacific Grove, Pebble Beach, Seaside, Salinas, King City, Watsonville, Santa Clara, Santa Cruz, Scotts Valley, Capitola, Aptos, Soquel and Hollister.