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DUI Process in California

When facing California DUI charges, it is crucial that you work with a criminal defense attorney you trust.

When you consider the importance of your case on your life, and on the high levels of stress that you will feel throughout the process, you need to be absolutely certain of two things before you hire a DUI lawyer for your case:

  1. That you have a personal level of good feelings and trust for the attorney and their support staff at their law firm. You will be in frequent contact with them, and you should always feel welcome and important; and
  2. That you have a high level of confidence in the attorney's track record, ability and motivation to succeed for you and your case.

The DUI process is nuanced and tricky, and it may be difficult for a general practitioner who dabbles in DUI defense to catch every detail in your case. It's the little details that often make the difference between success and failure in both important aspects of your California DUI case.

Two Separate Cases: The Criminal Court Case and the DMV License Suspension Case

In every California DUI charge, the process consists of two distinct aspects.

The Administrative License Suspension

The first, involving the administrative suspension of your driver's license, is referred to as your DMV hearing.

The Criminal Court Process

The second part of your ordeal involves any and all criminal court proceedings.

DUI (driving under the influence) is a criminal offense for which a driver may face criminal penalties in court as well as administrative penalties enforced by the California DMV (Department of Motor Vehicles). An attorney can represent your interests in both of these processes in order to protect your driving privileges as well as your freedom.

As a California DUI attorney with three decades of experience, Lynn Gorelick is skilled in assisting you with both sides of the California DUI process.

During the investigation stage of your case, Ms. Gorelick will seek evidence that may help convince the DMV and the court of your innocence. Among things that she looks for are:

  • Evidence that you were not arrested lawfully, or that proper procedure or protocol was't followed;
  • That your actual body alcohol content, as shown by the blood or breath test that you submitted to, was i fact below the legal limit of 0.08 percent;
  • That you did not actually refuse to submit to a blood or breath test if the officer is alleging that is the case.

How the DMV and Criminal Cases Work Together

While preparing to defend your license at the DMV hearing, Attorney Gorelick looks for evidence and information that she can use to your advantage during the criminal case. Since both cases contain the same set of basic facts, the DMV case provides a realistic "proving ground" to test theories and solidify evidence in your favor.

Tying it all together in Criminal Court

During the criminal case, the state has the burden of proving your guilt beyond a reasonable doubt. At that stage, Attorney Gorelick's job is to cast doubt on the state's case against you. Reasonable doubt in California DUI cases often comes from the small details. It could be something about your medical history. It could be something that an eyewitness says. It could be that the police officer gets tripped up when talking about the field sobriety tests.

Success in Ms. Gorelick's cases often comes from in-depth research and analysis of the facts of your case, and knowing every word and every line of police reports and prior testimony and statements. It also comes from having a solid grasp on the forensic science that serves as the cornerstones for most DUI cases. This includes breath testing, blood testing and field sobriety testing. It also involves finding weaknesses in police officers' assessments that you were under the influence of alcohol or drugs, and that your driving ability was impaired.

Attorney Gorelick prepares tirelessly for each and every case, and treats each client as if his or her case were the most important of her career. If there are details to be found and weaknesses in the State's case to shed light on, Ms. Gorelick will find them and use them to provide you with the best possible outcome in your case.

Trust an attorney with over 30 years of experience in the field of Criminal & DUI defense – Lynn Gorelick.  Call (510) 785-1444 or (925) 847-3006, and let Ms. Gorelick help you during this often uneasy, confusing, and frightening time. You are not alone!

Let DUI Defense Attorney Lynn Gorelick, of the Gorelick Law Offices, Help.

Free Initial Consultation

We offer a free initial consultation to people accused of DUI in the Bay Area. Call us at 510-785-1444 to schedule yours.

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We are accessible and want to make getting high quality representation in your case as stress-free and affordable as possible.