The Best Pismo Beach DUI Attorney
If you are being charged with a DUI in Pismo Beach, time is of the essence. You only have 10 days from the date of your arrest to schedule a DMV hearing. It is imperative to call us immediately so that we can avoid an automatic suspension against your license. We will protect your driving privilege immediately, while we prepare to represent you in a special hearing with the DMV. We represent individuals charged with DUI both from in the town of Pismo Beach, as well as the Oceano Dunes State Park.
Our DUI Lawyers Can Help You Avoid An Automatic License Suspension
If you were arrested for an alcohol DUI with a blood alcohol level over 0.08 then the DMV is moving forward to suspend your license automatically. We can STOP this process. Once we are hired we will immediately contact the DMV to arrange for a DMV hearing at which we can defend your right to drive. In the process of securing this hearing for you, the DMV will “stay” (STOP) the automatic suspension, thereby allowing you to continue to drive until we have completed your DMV hearing.
Our DUI Attorneys Will Aggressively Fight Your DUI in Court
After we avoid an automatic suspension against your license we will prepare to defend you in court. At court there is a prosecutor who is intent on punishing you to the full extent of the law. We will fight to ensure that each of your rights are protected and seek to minimize all punishments brought against you including fighting to avoid jail time. In most instances, our DUI clients never have to go to court. We can appear in court for you!
Our attorneys have helped hundreds of people like you, who were facing possible jail time avoid jail all together. We know what to do to secure jail alternative for our clients. In most cases our clients do not need to go back to jail, and even where “jail” is required it can often be satisfied with a jail alternative such as a county work release program. As I type this I can’t remember our last client facing either their first or second DUI who had to go back to jail after being released following the arrest. We are excellent a keeping our clients out of jail.
We Often Save Our Clients Thousands of Dollars
One way in which we stand out from other DUI attorneys in Pismo Beach is that our fees are reasonable. There are many local DUI Attorneys who will shamelessly charge you thousands of dollars more than us, and do far less. If you are being charged with a DUI, you owe it to yourself to speak to us before you hire another attorney so that we explain to you how we can save you money.
Pismo Beach DUI Resources and Topics of Interest (Click on the Links Below):
The DMV Hearing
First DUI Penalties
Can DUI’s Be Successfully Defended?
DUI Refusal Cases
DUI with Children as Passengers
DUI while speeding
DUI with High BAC
“What is a Wet Reckless?
Can DUI’s Be Expunged?
The License Suspension
Being Arrested For DUI Does NOT Mean You Are Guilty
Way too many people who are arrested and charged with DUI surrender their rights way too easily by automatically pleading guilty. The reality is that being arrested does not necessarily mean you are guilty. Many people are wrongfully charged with DUI’s. An experienced Pismo Beach DUI attorney will be able to analyze your case and implement and effective defense strategy given the individual facts of our case. Let us analyze your case and assist you in defending yourself to ensure that you are not unfairly convicted of a DUI.
We Set Ourselves Apart From Other DUI Attorneys by Fighting Aggressively
No one fights harder than we do. We genuinely care about our clients and we fight to keep them out of jail. Once we avoid jail we fight to minimize all of the potential negative consequences.
Frequently Asked DUI Questions
Question: Will I have to serve time in jail for a DUI?
Answer: While a DUI can be a felony, most DUI cases are misdemeanor cases. A misdemeanor DUI conviction will almost always include a sentence requiring “jail time”, however in many instances this “jail time” can be served through alternative sentencing such as Sheriff’s work program, or electronic monitoring (house arrest). If you have had multiple DUI’s in the past 10 years your chance of being sentenced to actual jail time increases dramatically. Also, if you are on probation your chance of being sentenced to jail goes up dramatically, but even if “jail” is required, we can often negotiate with the district attorney for alternative sentencing which keeps you out of jail. One of the primary reasons it is important to have an experienced San Luis Obispo DUI Lawyer fighting for you is to keep you out of jail.
Question: What is the DMV Hearing?
Answer: When you are arrested for a DUI, the DMV will seek to suspend your drivers license. Prior to suspending your license the DMV will give you the opportunity to challenge the suspension. This hearing can be very important for those who rely on their drivers license for work and other important aspects of your life. Remember you only have 10 days from the date of your arrest to request a DMV hearing, so do not delay. We are happy to request the DMV hearing for you Simply call us and we request your DMV hearing. Click on the following link for in an in-depth explanation of the DMV hearing.The DMV Hearing
What are the penalties for a first offense DUI in San Luis Obispo?
Answer:If you are convicted for a first offense DUI you will face some combination of the following penalties:
1. Jail/alterative sentencing ( typically from 2 to 10 days depending on various factors)
2. Probation (commonly 3 years)
3. Fines (Likely over $2,000 but your attorney can arrange low monthly payments with the court)
4. Suspension of your drivers license (approximately 6+ months)
5. Alcohol classes.
6. A conviction on your record.
For an in-depth discussion of the penalties for a first Offense DUI conviction please refer to the following link: First DUI Penalties.
If any of these penalties sound HARSH to you, you should call us immediately for a free consultation. We fight every day to reduce the penalties for our clients. Getting arrested for DUI does not mean you must necessarily be convicted. And even if you do get convicted, that does not mean some penalties can be softened or avoided all together. Call us!
Question: What should I do if I get a DUI in SLO but I am from out of town?
Answer: One of the benefits of having a private attorney (not a public defender) represent you on a misdemeanor case is that your attorney can appear in court on your behalf. We frequently represent clients who are arrested for a DUI in San Luis Obispo but who live out of state or out of town. We are able to appear in court on their behalf and they never have to come to court.
Question: Should I use the Public Defender or hire a private SLO DUI Lawyer?
Answer:There are a few things you should consider before choosing to be represented by the public defender in your DUI case:
First, not everyone is eligible to use the public defender. You will need to qualify financially in order to be eligible for the Public Defender’s services.
Second, contrary to popular belief, the Public Defender is not necessarily free. In most instances the judge will order you to pay approximately $500 if you use the public defender.
Third, the public defender cannot and will not represent you at your DMV hearing. If your license and driving is important to you, you will want to fight to avoid a suspension by scheduling and fighting for your license at your DMV hearing. You will need a private attorney for this. This reason alone should convince people to hire an attorney for thier DUI case.
Fourth, as mentioned above, if you are represented by a public defender you will have to appear at each of your court appearances, therefore this may not be a good option if you live out of town, or do not feel like sitting at the San Luis Obispo courthouse for several hours for each hearing.
Finally, while a public defender my be able to provide you with a good defense, the practical reality is that public defenders have very heavy case loads and it is unlikely that they will be able to give you much personalized attention. If you prefer personalized representation then a private attorney may be the better choice.
Question: Can a DUI be expunged?
Answer: Under penal code section 1203.4 you can petition the court to retroactively dismiss a DUI case after you have completed probation. However, even if the motion is granted and the case is dismissed, should you be charged with a DUI again within a 10 year period, the prior DUI will still be used against you for purposes of sentencing. For more information on DUI expungements click on the following link: Can DUI’s Be Expunged?
Question: Does Expunging a DUI clean it from my DMV driving record?
Answer: Unfortunately not. An expungement serves to dismiss a case retroactively thereby making you more competitive for employment etc. but an expungement does not change your driving record with the DMV.
Question: If my drivers license is suspended, can I drive to work?
Answer: If your diver’s license is suspended by the DMV following a first DUI, you can obtain a restricted license which will allow you to drive under a few conditions. There is now a restricted drivers license option that requires you to install an ignition interlock device in your car. If you choose this option you avoid a 30 day suspension and can drive for all purposes. If you do not want to install an ignitions interlock device, then you can opt for a restricted license that will only allow you to driver for work purposes after the following 4 conditions are met:
1. 30 days of suspension must have elapsed. This is the mandatory “hard” suspension during which no restricted license is available.
2. Your insurance company must file proof of adequate insurance (SR-22) with the DMV.
3. You must sign up for the appropriate alcohol class. The class administrators will file proof of enrollment with the DMV.
3. You must pay the DMV $125.00.
Once all 4 of these conditions are met, first time DUI offenders will be eligible for a restricted license to drive to work, and to the mandatory alcohol classes. One of the advantages of hiring a DUI lawyer to represent you is that they can help you through this process of securing a restricted license. Those who elect to use the public defender will have to figure all of this out on their own.
Where can I find information relating to the required alcohol classes?
Answer:The following is the link the authorized alcohol class providers: DUI Class Directory The providers are organized by county. Find your county and the location nearest you and contact them to sign up for your alcohol classes.
Question: What is the likelihood of my DUI being reduced to a lesser charge?
Answer:Each DUI case is unique, and it can be difficult to predict, before obtaining police reports and meeting with the DA, which case will be reduced. In San Luis Obispo, if a case has a lower BAC then it stands a better chance of being reduced to a Reckless Driving charge (Wet or Dry Reckless). In other cases, the level of the concentration of alcohol in the blood may not be an issue at all. It may be that the stop was bad, or the officers did not see the defendant drive. In some cases we have had DUI cases reduced to a Public Intoxication charge.