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D.U.I.

Notice! You have only 10 days from the date of your DUI arrest before you lose your drivers license

In most alcohol related DUI’s you only have 10 days to request a DMV hearing or you will lose your license. If you are arrested or cited for DUI or any alcohol related case don’t wait to talk to an attorney. DMV will suspend or revoke your license prior to your court date without a hearing. If you wish to stop the process of losing your license, you must request a hearing directly from the DMV within 10 calendar days of your arrest. You do this by telephone to the appropriate Driver’s Safety Office in Sacramento , this is usually not your local DMV number. We encourage you to call our office and we will request the DMV hearing for FREE.

Penalties

You do not have a right to a public defender at DMV hearings. DMV or court actions remain in your driving record up to 10 years. Potential penalties can range from (1) license suspension for 4 months or up to 4 years depending on whether it is a your 1st, 2nd, 3rd, or 4th DUI offense, (2) mandatory DUI classes for 3 to18 months, (3) probation from 1to 5 years, (4) possible jail or prison time, (5) costly fines, and (6) increased insurance rates.

Presenting Your Case for the Best Possible Outcome

The truth about most DUI court cases is that they are settled before trial. Getting the best settlement requires you to present the best defenses. We have found that in order to obtain the most favorable results for clients, your attorney must have extensive experience on DUI cases. A good attorney will know how to: (1) Challenge various blood and breath alcohol testing instruments (2) suppress the states evidence (3) negotiate more favorable sentencing (4) have immediate access to and use recent appeal’s decisions to your advantage and (5) determine if the officer had probable cause for the arrest, (6) Investigate if sobriety, breath and DUI test were administered by the officer according to the law.

You Have a Defense!

Even when the officer follows correct procedures in administering the DUI tests, the results are not always accurate:

Breath Tests Are Not All They Are "Blown Up To Be," Due To:

• Lack of Specificity
• No 15 Minute Continuous Observation Period
• Lack Of Qualifications Under Title 17 for the Operator
• They Don't Know the Theory or Operation of Machine
• Lack of Proper Maintenance of Breath Machine
• Radio Frequency Interference
• Mouth Alcohol Contamination

No Matter How Perfect the Breath Machine is Working, a .08 reading is really somewhere between a .07 (innocent) and a .09 – but the government will still allow you to plead guilty to a DUI and take your money without telling you this.

The machine Only Tests About a Small Tea Cup Full of Breath, but then prints out the test as if it were 210 liters of air (think of 105 – 2 liter coke bottles) – so any TINY error is magnified greatly and can lead to a FALSE high reading.

There Are Many Possible Blood Test Errors

Incorrect Amount of Preservative
Too much causes high reading
Too little allows blood to start to ferment (create natural alcohol from it's own sugars), thereby given false high reading
Lack of Anti-Coagulant – Can Lead to High Reading
Alcohol Cleansing Solution Used
Unqualified Person Taking Sample
Wrong “type” of blood taken
Wrong sample analyzed (they test them in mass)
Machine Used to Test Blood Not Working Properly
The chemicals used to store the blood not mixed properly.
The sample not stored properly.
Title 17 Minimum Requirements Not Followed

As local attorneys we will present the defense we believe is best from our experience dealing with the particular judges and prosecutors involved. Each DUI arrest has a unique set of circumstances. Call us for a free case evaluation consultation.

(530) 897-3700

Amaya and Associates Attorneys at Law represents clients in Northern California and the Sacramento Valley, including: Chico, Paradise, Oroville, Gridley, Biggs, Magalia, Forrest Ranch, Durham, Palermo, Butte City, Sterling City, Berry Creek, Bangor, Honcutt, Willows, Orland, Hamilton City, Capay, Oro Bend, Anderson Red Bluff, Los Molinos, Gerber, Corning, Yuba City, Live Oak, East Nicholas, Merididan, Marysville, Olivehurst, Dobbins, Colusa, Williams, Artois, Glenn, Sutter, Citrus Heights, Natomas, Carmichael, Del Paso Heights, Fair Oaks, Elk Grove, Quincy, Weed, Plumas Lake, Woodland, Butte County, Glenn County, Tehama County, Sutter County, Yuba County, Colusa County, Sacramento County, Plumas County, Yolo County.